Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696589601303.pdf (United States)
(3) INTERNATIONAL FINANCIAL INSTITU- TIONS.—The Secretary of the Treasury shall in- struct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assist- ance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine.
(4) DURATION.—The requirements and limita- tions of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Cri- mea and other territory in Ukraine under the con- trol of the Russian Federation or Russian-backed forces.

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1525 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.— (1) PROHIBITION.—None of the funds appro- priated by this Act may be made available for assist- ance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic rela- tions with, the Russian Federation occupied Geor- gian territories of Abkhazia and Tskhinvali Region/ South Ossetia: Provided, That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner: Provided further, That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to the Com- mittees on Appropriations that to do so is in the na- tional interest of the United States, and includes a justification for such interest.
(2) LIMITATION.—None of the funds appro- priated by this Act may be made available to sup- port the Russian Federation occupation of the Geor- gian territories of Abkhazia and Tskhinvali Region/ South Ossetia.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1526 (3) INTERNATIONAL FINANCIAL INSTITU- TIONS.—The Secretary of the Treasury shall in- struct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assist- ance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty and territorial integrity of Georgia.
(d) COUNTERING RUSSIAN INFLUENCE FUND.— (1) ASSISTANCE.—Of the funds appropriated by this Act under the headings ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘International Mili- tary Education and Training’’, and ‘‘Foreign Mili- tary Financing Program’’, not less than $300,000,000 shall be made available to carry out the purposes of the Countering Russian Influence Fund, as authorized by section 254 of the Coun- tering Russian Influence in Europe and Eurasia Act of 2017 (Public Law 115–44; 22 U.S.C.
9543) and notwithstanding the country limitation in subsection (b) of such section, and programs to enhance the ca- pacity of law enforcement and security forces in countries in Europe, Eurasia, and Central Asia and strengthen security cooperation between such coun- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1527 tries and the United States and the North Atlantic Treaty Organization, as appropriate: Provided, That funds made available pursuant to this paragraph under the heading ‘‘Foreign Military Financing Pro- gram’’ may remain available until September 30, 2024.
(2) ECONOMICS AND TRADE.—Funds appro- priated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Associa- tion Agreements and trade agreements with the Eu- ropean Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation.
(e) DEMOCRACY PROGRAMS.—Funds appropriated by this Act shall be made available to support democracy pro- grams in the Russian Federation and other countries in Europe, Eurasia, and Central Asia, including to promote Internet freedom: Provided, That of the funds appro- priated under the heading ‘‘Assistance for Europe, Eur- asia and Central Asia’’, not less than $20,000,000 shall be made available to strengthen democracy and civil soci- ety in Central Europe, including for transparency, inde- pendent media, rule of law, minority rights, and programs to combat anti-Semitism.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1528 UNITED NATIONS SEC.

7048.
(a) TRANSPARENCY AND ACCOUNT- ABILITY.—Not later than 120 days after the date of enact- ment of this Act, the Secretary of State shall report to the Committees on Appropriations whether each organiza- tion, department, or agency receiving a contribution from funds appropriated by this Act under the headings ‘‘Con- tributions to International Organizations’’ and ‘‘Inter- national Organizations and Programs’’— (1) is posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; (2) has submitted a report to the Department of State, which shall be posted on the Department’s website in a timely manner, demonstrating that such organization is effectively implementing and enforc- ing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (A) protection against retaliation for inter- nal and lawful public disclosures; (B) legal burdens of proof; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1529 (C) statutes of limitation for reporting re- taliation; (D) access to binding independent adju- dicative bodies, including shared cost and selec- tion of external arbitration; and (E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and (3) effectively implementing and enforcing poli- cies and procedures on the appropriate use of travel funds, including restrictions on first-class and busi- ness-class travel.
(b) RESTRICTIONS ON UNITED NATIONS DELEGA- TIONS AND ORGANIZATIONS.— (1) RESTRICTIONS ON UNITED STATES DELEGA- TIONS.—None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)), supports international ter- rorism.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1530 (2) RESTRICTIONS ON CONTRIBUTIONS.—None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or pre- sided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 (50 U.S.C.
4813(c)), or any other provision of law, is a government that has repeatedly provided sup- port for acts of international terrorism.

(3) WAIVER.—The Secretary of State may waive the restriction in this subsection if the Sec- retary determines and reports to the Committees on Appropriations that to do so is important to the na- tional interest of the United States, including a de- scription of the national interest served.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and re- ports to the Committees on Appropriations that participa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1531 tion in the Council is important to the national interest of the United States and that such Council is taking sig- nificant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council: Provided, That such report shall include a description of the national interest served and the steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Coun- cil: Provided further, That the Secretary of State shall re- port to the Committees on Appropriations not later than September 30, 2023, on the resolutions considered in the United Nations Human Rights Council during the pre- vious 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the elec- tion of members to such council.
(d) UNITED NATIONS RELIEF AND WORKS AGEN- CY.—Prior to the initial obligation of funds for the United Nations Relief and Works Agency (UNRWA), the Sec- retary of State shall report to the Committees on Appro- priations, in writing, on whether UNRWA is— (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any in- appropriate use; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1532 (2) acting promptly to address any staff or ben- eficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspec- tions of its installations, to ensure they are only used for humanitarian or other appropriate pur- poses; (4) taking necessary and appropriate measures to ensure it is operating in compliance with the con- ditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to en- sure conformance with such conditions; (5) taking steps to ensure the content of all educational materials currently taught in UNRWA- administered schools and summer camps is con- sistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) not engaging in operations with financial in- stitutions or related entities in violation of relevant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1533 United States law, and is taking steps to improve the financial transparency of the organization; and (7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s rec- ommendations.
(e) PROHIBITION OF PAYMENTS TO UNITED NA- TIONS MEMBERS.—None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chap- ter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organizations.
(f) REPORT.—Not later than 45 days after the date of enactment of this Act, the Secretary of State shall sub- mit a report to the Committees on Appropriations detail- ing the amount of funds available for obligation or expend- iture in fiscal year 2023 for contributions to any organiza- tion, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1534 sion of law: Provided, That the Secretary shall update such report each time additional funds are withheld by op- eration of any provision of law: Provided further, That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(g) SEXUAL EXPLOITATION AND ABUSE IN PEACE- KEEPING OPERATIONS.—The Secretary of State shall, to the maximum extent practicable, withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has en- gaged in sexual exploitation or abuse, including while serv- ing in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents: Provided, That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made: Provided further, That the Sec- retary shall, to the maximum extent practicable, assist such government in bringing the responsible members of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1535 such unit to justice: Provided further, That not later than 60 days after the date of enactment of this Act, the Sec- retary shall submit a report to the Committees on Appro- priations detailing the policies, mechanisms, and proce- dures established to implement this subsection, following consultation with the Committees on Appropriations.
(h) ADDITIONAL AVAILABILITY.—Subject to the reg- ular notification procedures of the Committees on Appro- priations, funds appropriated by this Act which are re- turned or not made available due to the second proviso under the heading ‘‘Contributions for International Peace- keeping Activities’’ in title I of this Act or section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)), shall remain available for obligation until Sep- tember 30, 2024: Provided, That the requirement to with- hold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act.

WAR CRIMES TRIBUNAL SEC.

7049.


If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to sec- tion 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1536 Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such viola- tions, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determina- tion required under this section shall be in lieu of any de- terminations otherwise required under section 552(c): Pro- vided further, That funds made available pursuant to this section shall be made available subject to the regular noti- fication procedures of the Committees on Appropriations.
GLOBAL INTERNET FREEDOM SEC.

7050.
(a) FUNDING.—Of the funds available for obligation during fiscal year 2023 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less than $90,500,000 shall be made available for programs to pro- mote Internet freedom globally: Provided, That such pro- grams shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interest of the United States: Provided further, That funds made available pursu- ant to this section shall be matched, to the maximum ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1537 tent practicable, by sources other than the United States Government, including from the private sector.
(b) REQUIREMENTS.— (1) DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR INTERNATIONAL DEVELOP- MENT.—Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are made available pursuant to subsection (a) shall be— (A) coordinated with other democracy pro- grams funded by this Act under such headings, and shall be incorporated into country assist- ance and democracy promotion strategies, as appropriate; (B) for programs to implement the May 2011, International Strategy for Cyberspace, the Department of State International Cyber- space Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113), and the comprehensive strategy to promote Internet freedom and ac- cess to information in Iran, as required by sec- tion 414 of the Iran Threat Reduction and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1538 Syria Human Rights Act of 2012 (22 U.S.C.
8754); (C) made available for programs that sup- port the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; (D) made available for research of key threats to Internet freedom; the continued de- velopment of technologies that provide or en- hance access to the Internet, including cir- cumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological advantage of the United States Government over such censorship tech- niques: Provided, That the Secretary of State, in consultation with the United States Agency for Global Media Chief Executive Officer (USAGM CEO) and the President of the Open Technology Fund (OTF), shall coordinate any such research and development programs with December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1539 other relevant United States Government de- partments and agencies in order to share infor- mation, technologies, and best practices, and to assess the effectiveness of such technologies; and (E) made available only with the concur- rence of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, that such funds are allocated consistent with— (i) the strategies referenced in sub- paragraph (B) of this paragraph; (ii) best practices regarding security for, and oversight of, Internet freedom pro- grams; and (iii) sufficient resources and support for the development and maintenance of anti-censorship technology and tools.
(2) UNITED STATES AGENCY FOR GLOBAL MEDIA.—Funds appropriated by this Act under the heading ‘‘International Broadcasting Operations’’ that are made available pursuant to subsection (a) shall be— (A) made available only for open-source tools and techniques to securely develop and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1540 distribute USAGM digital content, facilitate au- dience access to such content on websites that are censored, coordinate the distribution of USAGM digital content to targeted regional au- diences, and to promote and distribute such tools and techniques, including digital security techniques; (B) coordinated by the USAGM CEO, in consultation with the OTF President, with pro- grams funded by this Act under the heading ‘‘International Broadcasting Operations’’, and shall be incorporated into country broadcasting strategies, as appropriate; (C) coordinated by the USAGM CEO, in consultation with the OTF President, to solicit project proposals through an open, transparent, and competitive process, seek input from tech- nical and subject matter experts to select pro- posals, and support Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF and in a manner consistent with the United States Government Internet freedom strategy; and (D) made available for the research and development of new tools or techniques author- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1541 ized in subparagraph (A) only after the USAGM CEO, in consultation with the Sec- retary of State, the OTF President, and other relevant United States Government depart- ments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes.
(c) COORDINATION AND SPEND PLANS.—After con- sultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after the date of enactment of this Act, the Secretary of State and the USAGM CEO, in consultation with the OTF President, shall submit to the Committees on Appro- priations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by rel- evant agencies to ensure that such programs are not used for illicit purposes: Provided, That the Department of State spend plan shall include funding for all such pro- grams for all relevant Department of State and United States Agency for International Development offices and bureaus.
24 25 (d) SECURITY AUDITS.—Funds made available pur- suant to this section to promote Internet freedom globally December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1542 may only be made available to support open-source tech- nologies that undergo comprehensive security audits con- sistent with the requirements of the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been com- promised in a manner detrimental to the interest of the United States or to individuals and organizations bene- fiting from programs supported by such funds: Provided, That the security auditing procedures used by such Bu- reau shall be reviewed and updated periodically to reflect current industry security standards.
TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT SEC.

7051.

(a) PROHIBITION.—None of the funds made available by this Act may be used to support or jus- tify the use of torture and other cruel, inhuman, or de- grading treatment or punishment by any official or con- tract employee of the United States Government.
(b) ASSISTANCE.—Funds appropriated under titles III and IV of this Act shall be made available, notwith- standing section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture and other cruel, inhuman, or degrading treatment or punish- ment by foreign police, military, or other security forces December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1543 in countries receiving assistance from funds appropriated by this Act.

AIRCRAFT TRANSFER, COORDINATION, AND USE SEC.

7052.
7052.

(a) TRANSFER AUTHORITY.—Notwith- standing any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the head- ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be used for any other program and in any region.
(b) PROPERTY DISPOSAL.—The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appro- priations that the equipment is no longer required to meet programmatic purposes in the designated country or re- gion: Provided, That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.— (1) AUTHORITY.—The uses of aircraft pur- chased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1544 making appropriations for the Department of State, foreign operations, and related programs shall be co- ordinated under the authority of the appropriate Chief of Mission: Provided, That such aircraft may be used to transport, on a reimbursable or non-reim- bursable basis, Federal and non-Federal personnel supporting Department of State and USAID pro- grams and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reim- bursement when traveling on a space available basis: Provided further, That funds received by the Depart- ment of State in connection with the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Working Capital Fund of the Department and shall be available for ex- penses related to the purchase, lease, maintenance, chartering, or operation of such aircraft.
(2) SCOPE.—The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel.

(d) AIRCRAFT OPERATIONS AND MAINTENANCE.— To the maximum extent practicable, the costs of oper- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1545 ations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country.

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS SEC.

7053.
7053.

The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Re- lated Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall apply to this Act: Provided, That subsection (f)(2)(B) of such section shall be applied 10 by substituting ‘‘September 30, 2022’’ for ‘‘September 30, 11 2009’’.

12 INTERNATIONAL MONETARY FUND SEC.

7054.
7054.

(a) EXTENSIONS.—The terms and condi- tions of sections 7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall apply to this Act.

(b) REPAYMENT.—The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other pri- 22 vate or multilateral creditors.
23 24 25 EXTRADITION SEC.

7055.

(a) LIMITATION.—None of the funds ap- propriated in this Act may be used to provide assistance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1546 (other than funds provided under the headings ‘‘Develop- ment Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assist- ance’’, ‘‘United States Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’) for the central gov- ernment of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement offi- cer, as specified in a United States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms 19 and conditions of the treaty.
20 21 22 23 (c) WAIVER.—The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interest of 24 the United States.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1547 ENTERPRISE FUNDS SEC.

7056.


(a) NOTIFICATION.—None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appro- priate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enter- prise Fund, the President shall submit such transition or operating plan to the appropriate congressional commit- tees.

19 UNITED NATIONS POPULATION FUND SEC.

7057.
7057.

(a) CONTRIBUTION.—Of the funds made available under the heading ‘‘International Organizations and Programs’’ in this Act for fiscal year 2023, $32,500,000 shall be made available for the United Na- tions Population Fund (UNFPA).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1548 (b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the ‘‘Global Health Programs’’ ac- count and shall be made available for family planning, ma- ternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Ap- propriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.— None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Repub- lic of China.
13 14 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— Funds made available by this Act for UNFPA may not 15 be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL- LAR WITHHOLDING OF FUNDS.— (1) Not later than 4 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropria- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1549 tions indicating the amount of funds that UNFPA is budgeting for the year in which the report is sub- mitted for a country program in the People’s Repub- lic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds UNFPA plans to spend in the People’s Re- public of China shall be deducted from the funds made available to UNFPA after March 1 for obliga- tion for the remainder of the fiscal year in which the report is submitted.

GLOBAL HEALTH ACTIVITIES SEC.

7058.
7058.

(a) IN GENERAL.—Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or dis- ease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provi- sion of law except for provisions under the heading ‘‘Glob- al Health Programs’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat.
711; 22 U.S.C.

7601 et seq.

), as amend- ed: Provided, That of the funds appropriated under title December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1550 III of this Act, not less than $575,000,000 should be made available for family planning/reproductive health, includ- ing in areas where population growth threatens biodiver- sity or endangered species.
(b) PANDEMICS AND OTHER INFECTIOUS DISEASE OUTBREAKS.— (1) GLOBAL HEALTH SECURITY.—Funds appro- priated by this Act under the heading ‘‘Global Health Programs’’ shall be made available for global health security programs to accelerate the capacity of countries to prevent, detect, and respond to infec- tious disease outbreaks, including by strengthening public health capacity where there is a high risk of emerging zoonotic infectious diseases: Provided, That not later than 60 days after the date of enact- ment of this Act, the USAID Administrator and the Secretary of State, as appropriate, shall consult with the Committees on Appropriations on the planned uses of such funds.
(2) FINANCIAL INTERMEDIARY FUND.—Funds appropriated by this Act under the heading ‘‘Global Health Programs’’ may be made available for con- tributions to a financial intermediary fund for pan- demic preparedness and global heath security.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1551 (3) EXTRAORDINARY MEASURES.—If the Sec- retary of State determines and reports to the Com- mittees on Appropriations that an international in- fectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the na- tional interest to respond to a Public Health Emer- gency of International Concern, not to exceed an ag- gregate total of $200,000,000 of the funds appro- priated by this Act under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Cri- ses Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Cen- tral Asia’’, ‘‘Migration and Refugee Assistance’’, and ‘‘Millennium Challenge Corporation’’ may be made available to combat such infectious disease or public health emergency, and may be transferred to, and merged with, funds appropriated under such head- ings for the purposes of this paragraph.
(4) EMERGENCY RESERVE FUND.—Up to $90,000,000 of the funds made available under the heading ‘‘Global Health Programs’’ may be made available for the Emergency Reserve Fund estab- lished pursuant to section 7058(c)(1) of the Depart- ment of State, Foreign Operations, and Related Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1552 grams Appropriations Act, 2017 (division J of Pub- lic Law 115–31): Provided, That such funds shall be made available under the same terms and conditions of such section.

(5) CONSULTATION AND NOTIFICATION.— Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Ap- propriations.
(c) LIMITATION.—Notwithstanding any other provi- sion of law, none of the funds made available by this Act may be made available to the Wuhan Institute of Virology located in the City of Wuhan in the People’s Republic of China.

15 GENDER EQUALITY AND WOMEN’S EMPOWERMENT SEC.

7059.
7059.

(a) IN GENERAL.— (1) GENDER EQUALITY.—Funds appropriated by this Act shall be made available to promote gen- der equality in United States Government diplomatic and development efforts by raising the status, in- creasing the economic participation and opportuni- ties for political leadership, and protecting the rights of women and girls worldwide.
(2) WOMEN’S ECONOMIC EMPOWERMENT.— Funds appropriated by this Act are available to im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1553 plement the Women’s Entrepreneurship and Eco- nomic Empowerment Act of 2018 (Public Law 115– 428): Provided, That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on the implementation of such Act.
(3) GENDER EQUITY AND EQUALITY ACTION FUND.—Of the funds appropriated under title III of this Act, up to $200,000,000 may be made available for the Gender Equity and Equality Action Fund.
(b) MADELEINE K. ALBRIGHT WOMEN’S LEADER- SHIP PROGRAM.—Of the funds appropriated under title III of this Act, not less than $50,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s po- litical status, expanding women’s participation in political parties and elections, and increasing women’s opportuni- ties for leadership positions in the public and private sec- tors at the local, provincial, and national levels: Provided, That such programs shall hereafter be collectively named the ‘‘Madeleine K. Albright Women’s Leadership Pro- gram’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1554 (c) GENDER-BASED VIOLENCE.— (1) Of the funds appropriated under titles III and IV of this Act, not less than $250,000,000 shall be made available to implement a multi-year strat- egy to prevent and respond to gender-based violence in countries where it is common in conflict and non- conflict settings.
(2) Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for inter- national peacekeeping operations, shall address, where appropriate, prevention and response to gen- der-based violence and trafficking in persons, and shall promote the integration of women into the po- lice and other security forces.
(d) WOMEN, PEACE, AND SECURITY.—Of the funds appropriated by this Act under the headings ‘‘Develop- ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assist- ance for Europe, Eurasia and Central Asia’’, and ‘‘Inter- national Narcotics Control and Law Enforcement’’, $150,000,000 should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in coun- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1555 tries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assist- ance to women and girls.

SECTOR ALLOCATIONS SEC.

7060.
(a) BASIC EDUCATION AND HIGHER EDUCATION.— (1) BASIC EDUCATION.— (A) Of the funds appropriated under title III of this Act, not less than $970,000,000 shall be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provi- sion of law that restricts assistance to foreign countries: Provided, That such funds shall also be used for secondary education activities: Pro- vided further, That of the funds made available by this paragraph, $150,000,000 should be available for the education of girls in areas of conflict: Provided further, That section 7(a) of Public Law 115–56 shall be implemented by substituting ‘‘the thirtieth day of June fol- lowing’’ for ‘‘180 days after’’.
(B) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $160,000,000 shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1556 made available for contributions to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appro- priated by title III of this Act, not less than $285,000,000 shall be made available for assistance for higher education: Provided, That such funds may be made available notwithstanding any other provi- sion of law that restricts assistance to foreign coun- tries, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of such amount, not less than $35,000,000 shall be made available for new and on- going partnerships between higher education institu- tions in the United States and developing countries focused on building the capacity of higher education institutions and systems in developing countries: Provided further, That of such amount and in addi- tion to the previous proviso, not less than $35,000,000 shall be made available for higher edu- cation programs pursuant to section 7060(a)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (divi- sion K of Public Law 116–260): Provided further, That not later than 45 days after the date of enact- ment of this Act, the USAID Administrator shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1557 consult with the Committees on Appropriations on the proposed uses of funds for such partnerships.
(3) SCHOLAR RESCUE PROGRAMS.—Of the funds appropriated by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less than $7,000,000 shall be made available for scholar rescue programs, includ- ing for scholars from Afghanistan, Burma, Ethiopia, the Russian Federation, Ukraine, and Yemen: Pro- vided, That the Secretary of State and Adminis- trator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on such programs not later than 90 days after the date of enactment of this Act.
(b) DEVELOPMENT PROGRAMS.—Of the funds appro- priated by this Act under the heading ‘‘Development As- sistance’’, not less than $18,500,000 shall be made avail- able for USAID cooperative development programs and not less than $31,500,000 shall be made available for the American Schools and Hospitals Abroad program.

(c) FOOD SECURITY AND AGRICULTURAL DEVELOP- MENT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1558 (1) Of the funds appropriated by title III of this Act, not less than $1,010,600,000 shall be made available for food security and agricultural develop- ment programs to carry out the purposes of the Global Food Security Act of 2016 (Public Law 114– 195): Provided, That funds may be made available for a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115–334).
(2) The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall seek to enter into negotiations with key foreign governments and mul- tilateral, philanthropic, and private sector entities, including the United Nations Rome-based agencies and the World Bank, regarding the potential estab- lishment of a multilateral fund focused on food secu- rity, as described under this section in the explana- tory statement described in section 4 (in the matter preceding division A of this consolidated Act).
(d) MICRO, SMALL, AND MEDIUM-SIZED ENTER- PRISES.—Of the funds appropriated by this Act, not less December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1559 than $265,000,000 shall be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, espe- cially women.
(e) PROGRAMS TO COMBAT TRAFFICKING IN PER- SONS.—Of the funds appropriated by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and ‘‘International Narcotics Control and Law En- forcement’’, not less than $116,400,000 shall be made available for activities to combat trafficking in persons internationally, including for the Program to End Modern Slavery, of which not less than $87,000,000 shall be from funds made available under the heading ‘‘International Narcotics Control and Law Enforcement’’: Provided, That funds made available by this Act under the headings ‘‘De- velopment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are made available for activities to combat trafficking in persons should be obligated and programmed consistent with the country-specific recommendations included in the annual Trafficking in Persons Report, and shall be coordi- nated with the Office to Monitor and Combat Trafficking in Persons, Department of State.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1560 (f) RECONCILIATION PROGRAMS.—Of the funds ap- propriated by this Act under the heading ‘‘Development Assistance’’, not less than $25,000,000 shall be made available to support people-to-people reconciliation pro- grams which bring together individuals of different ethnic, racial, religious, and political backgrounds from areas of civil strife and war: Provided, That the USAID Adminis- trator shall consult with the Committees on Appropria- tions, prior to the initial obligation of funds, on the uses of such funds, and such funds shall be subject to the reg- ular notification procedures of the Committees on Appro- priations: Provided further, That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government: Provided further, That such funds shall be administered by the Center for Conflict and Violence Prevention, USAID.
(g) WATER AND SANITATION.—Of the funds appro- priated by this Act, not less than $475,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $237,000,000 shall be for programs in sub-Saharan Africa, and of which not less than $17,000,000 shall be made available to support ini- tiatives by local communities in developing countries to build and maintain safe latrines.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1561 (h) DEVIATION.—Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, may deviate below the minimum funding re- quirements designated in sections 7059, 7060, and 7061 of this Act by up to 10 percent, notwithstanding such des- ignation: Provided, That concurrent with the submission of the report required by section 653(a) of the Foreign Assistance Act of 1961, the Secretary of State shall sub- mit to the Committees on Appropriations in writing any proposed deviations utilizing such authority that are planned at the time of submission of such report: Provided further, That any deviations proposed subsequent to the submission of such report shall be subject to prior con- sultation with such Committees: Provided further, That not later than November 1, 2024, the Secretary of State shall submit a report to the Committees on Appropriations on the use of the authority of this subsection.
ENVIRONMENT PROGRAMS SEC.

7061.

(a) Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, except for the provisions of this section and only subject December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1562 to the reporting procedures of the Committees on Appro- priations, to support environment programs.

(b)(1) Of the funds appropriated under title III of this Act, not less than $385,000,000 shall be made avail- able for biodiversity conservation programs.

(2) Not less than $125,000,000 of the funds appro- priated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking.
(3) None of the funds appropriated under title IV of this Act may be made available for training or other as- sistance for any military unit or personnel that the Sec- retary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security inter- 17 est of the United States.
(4) Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging, agriculture, livestock production, mining, or any other industrial scale extractive activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institution (IFI) to use the voice December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1563 and vote of the United States to oppose any financing of any such activity.

(5) Funds appropriated by this Act shall be made available to support a new public-private partnership for conservation to promote long-term management of pro- tected areas in developing countries, if legislation estab- lishing a foundation to facilitate such partnership is en- acted into law.
(c) The Secretary of the Treasury shall instruct the United States executive director of each IFI that it is the policy of the United States to use the voice and vote of the United States, in relation to any loan, grant, strategy, or policy of such institution, regarding the construction of any large dam consistent with the criteria set forth in Senate Report 114–79, while also considering whether the project involves important foreign policy objectives.
(d) Of the funds appropriated under title III of this Act, not less than $185,000,000 shall be made available for sustainable landscapes programs.

(e) Of the funds appropriated under title III of this Act, not less than $270,000,000 shall be made available for adaptation programs, including in support of the im- plementation of the Indo-Pacific Strategy.
(f) Of the funds appropriated under title III of this Act, not less than $260,000,000 shall be made available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1564 for clean energy programs, including in support of car- rying out the purposes of the Electrify Africa Act (Public Law 114–121) and implementing the Power Africa initia- tive.
(g) Funds appropriated by this Act under title III may be made available for United States contributions to the Adaptation Fund and the Least Developed Countries Fund.
(h) Of the funds appropriated under title III of this Act, not less than $50,000,000 shall be made available for the purposes enumerated under section 7060(c)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260): Provided, That such funds may only be made available following consultation with the Committees on Appropriations.
(i) Of the funds appropriated under title III of this Act, not less than $20,000,000 shall be made available to support Indigenous and other civil society organizations in developing countries that are working to protect the en- vironment, including threatened and endangered species, as described under this section in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1565 (j) The Secretary of State and USAID Administrator shall implement the directive regarding law enforcement in national parks and protected areas as described under this section in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- dated Act).

BUDGET DOCUMENTS SEC.

7062.
(a) OPERATING PLANS.—Not later than 45 days after the date of enactment of this Act, each de- partment, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organi- zation in such titles of this Act, or funds otherwise avail- able for obligation in fiscal year 2023, that provides de- tails of the uses of such funds at the program, project, and activity level: Provided, That such plans shall include, as applicable, a comparison between the congressional budget justification funding levels, the most recent con- gressional directives or approved funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1566 Provided further, That operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget justifica- tion, in this Act, or amounts specifically designated in the respective tables included in the explanatory statement de- scribed in section 4 (in the matter preceding division A of this consolidated Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act.
(b) SPEND PLANS.— (1) Prior to the initial obligation of funds, the Secretary of State or Administrator of the United States Agency for International Development, as ap- propriate, shall submit to the Committees on Appro- priations spend plans as described under this section in the explanatory statement described in section 4 (in the matter preceding division A of this consoli- dated Act).
(2) Not later than 90 days after the date of en- actment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the Treas- ury, International Affairs Technical Assistance’’ in title III.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1567 (3) Notwithstanding paragraph (1), up to 10 percent of the funds contained in a spend plan re- quired by this subsection may be obligated prior to the submission of such spend plan if the Secretary of State, the USAID Administrator, or the Secretary of the Treasury, as applicable, determines that the obligation of such funds is necessary to avoid signifi- cant programmatic disruption: Provided, That not less than seven days prior to such obligation, the Secretary or Administrator, as appropriate, shall consult with the Committees on Appropriations on the justification for such obligation and the proposed uses of such funds.
(c) CLARIFICATION.—The spend plans referenced in subsection (b) shall not be considered as meeting the noti- fication requirements in this Act or under section 634A of the Foreign Assistance Act of 1961.
(d) CONGRESSIONAL BUDGET JUSTIFICATION.—The congressional budget justification for Department of State operations and foreign operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2024: Provided, That the appendices for such justification shall be provided to the Committees on Appropriations not later than 10 calendar days thereafter.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1568 REORGANIZATION SEC.

7063.
(a) PRIOR CONSULTATION AND NOTIFI- CATION.—Funds appropriated by this Act, prior Acts making appropriations for the Department of State, for- eign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Depart- ment of State, the United States Agency for International Development, or any other Federal department, agency, or organization funded by this Act without prior consulta- tion by the head of such department, agency, or organiza- tion with the appropriate congressional committees: Pro- vided, That such funds shall be subject to the regular noti- fication procedures of the Committees on Appropriations: Provided further, That any such notification submitted to such Committees shall include a detailed justification for any proposed action: Provided further, That congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior Acts making appropria- tions for the Department of State, foreign operations, and related programs may be deemed to meet the notification requirements of this section.
23 24 (b) DESCRIPTION OF ACTIVITIES.—Pursuant to sub- section (a), a reorganization, redesign, or other plan shall 25 include any action to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1569 (1) expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, in- cluding bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices; (2) expand, eliminate, consolidate, or downsize the United States official presence overseas, includ- ing at bilateral, regional, and multilateral diplomatic facilities and other platforms; or (3) expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family mem- ber, and locally employed staff workforce of the De- partment of State and USAID from the staffing lev- els previously justified to the Committees on Appro- priations for fiscal year 2023.
DEPARTMENT OF STATE MANAGEMENT SEC.

7064.

(a) WORKING CAPITAL FUND.—Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund that are made available for new service cen- ters, shall be subject to the regular notification procedures of the Committees on Appropriations.

(b) CERTIFICATION.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1570 (1) COMPLIANCE.—Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and over- sight of such funds, the Secretary of State shall cer- tify and report to the Committees on Appropria- tions, on an individual bureau or office basis, that such bureau or office is in compliance with Depart- ment and Federal financial and grants management policies, procedures, and regulations, as applicable.
(2) CONSIDERATIONS.—When making a certifi- cation required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or of- fice to— (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation and monitoring plans; (C) establish performance measures and indicators; (D) review activities and performance; and (E) assess final results and reconcile fi- nances.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1571 (3) PLAN.—If the Secretary of State is unable to make a certification required by paragraph (1), the Secretary shall submit a plan and timeline de- tailing the steps to be taken to bring such bureau or office into compliance.
(c) INFORMATION TECHNOLOGY PLATFORM.—None of the funds appropriated in title I of this Act under the heading ‘‘Administration of Foreign Affairs’’ may be made available for a new major information technology invest- ment without the concurrence of the Chief Information Of- 11 ficer, Department of State.

12 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT SEC.

7065.
(a) AUTHORITY.—Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, may be used by the United States Agency for International Development to hire and employ individ- uals in the United States and overseas on a limited ap- pointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980 (22 U.S.C.
24 3948 and 3949).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1572 (b) RESTRICTION.—The authority to hire individuals contained in subsection (a) shall expire on September 30, 2024.
(c) PROGRAM ACCOUNT CHARGED.—The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading ‘‘Op- 11 erating Expenses’’.
(d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi- viduals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and re- lated programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 (22 U.S.C.

3949), may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section.
(e) DISASTER SURGE CAPACITY.—Funds appro- priated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds ap- propriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, may be used, in addition to funds otherwise available for such purposes, for the cost December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1573 (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations.
(f) PERSONAL SERVICES CONTRACTORS.—Funds ap- propriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign As- sistance Act of 1961, and title II of the Food for Peace Act (Public Law 83–480; 7 U.S.C.

1721 et seq.
), may be used by USAID to employ up to 40 personal services con- tractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, in- terim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appro- priated to carry out title II of the Food for Peace Act (Public Law 83–480; 7 U.S.C.
1721 et seq.

), may be made available only for personal services contractors assigned to the Bureau for Humanitarian Assistance.

(g) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appro- priated by this Act, USAID may provide an exception to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1574 the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.
(h) SENIOR FOREIGN SERVICE LIMITED APPOINT- MENTS.—Individuals hired pursuant to the authority pro- vided by section 7059(o) of the Department of State, For- eign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) may be assigned to or support programs in Afghanistan or Paki- stan with funds made available in this Act and prior Acts making appropriations for the Department of State, for- eign operations, and related programs.
(i) CRISIS OPERATIONS STAFFING.—Up to $86,000,000 of the funds made available in title III of this Act pursuant to, or to carry out the provisions of, part I of the Foreign Assistance Act of 1961 and section 509(b) of the Global Fragility Act of 2019 (title V of divi- sion J of Public Law 116–94) may be made available for the United States Agency for International Development to appoint and employ personnel in the excepted service to prevent or respond to foreign crises and contexts with growing instability: Provided, That functions carried out by personnel hired under the authority of this subsection shall be related to the purpose for which the funds were appropriated: Provided further, That such funds are in ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1575 dition to funds otherwise available for such purposes and may remain attributed to any minimum funding require- ment for which they were originally made available: Pro- vided further, That the USAID Administrator shall coordi- nate with the Director of the Office of Personnel Manage- ment and consult with the appropriate congressional com- mittees on implementation of this provision.
STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM AND CONFLICT SEC.

7066.
(a) PREVENTION AND STABILIZATION FUND.—Of the funds appropriated by this Act under the headings ‘‘Economic Support Fund’’, ‘‘International Nar- cotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Fi- nancing Program’’, not less than $135,000,000 shall be made available for the Prevention and Stabilization Fund for the purposes enumerated in section 509(a) of the Glob- al Fragility Act of 2019 (title V of division J of Public Law 116–94), of which $25,000,000 may be made avail- able for the Multi-Donor Global Fragility Fund authorized by section 510(c) of such Act: Provided, That such funds shall be allocated as specified under this section in the explanatory statement described in section 4 (in the mat- ter preceding division A of this consolidated Act): Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1576 further, That funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such headings for such purposes: Provided further, That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropria- tions: Provided further, That funds made available pursu- ant to this subsection that are transferred to funds appro- priated under the heading ‘‘Foreign Military Financing Program’’ may remain available until September 30, 12 2024.
(b) TRANSITIONAL JUSTICE.—Of the funds appro- priated by this Act under the headings ‘‘Economic Sup- port Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than $10,000,000 shall be made available for programs to promote accountability for genocide, crimes against humanity, and war crimes, which shall be in addition to any other funds made available by this Act for such purposes: Provided, That such programs shall include components to develop local investigative and judicial skills, and to collect and preserve evidence and maintain the chain of custody of evidence, including for use in prosecutions, and may include the establishment of, and assistance for, transitional justice mechanisms: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1577 vided further, That such funds shall be administered by the Ambassador-at-Large for the Office of Global Criminal Justice, Department of State, and shall be subject to prior consultation with the Committees on Appropriations: Pro- vided further, That funds made available by this para- graph shall be made available on an open and competitive basis.
(c) GLOBAL COMMUNITY ENGAGEMENT AND RESIL- IENCE FUND.—Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the head- ing ‘‘Economic Support Fund’’ may be made available to the Global Community Engagement and Resilience Fund, including as a contribution.

15 DEBT-FOR-DEVELOPMENT SEC.

7067.
In order to enhance the continued partici- pation of nongovernmental organizations in debt-for-devel- opment and debt-for-nature exchanges, a nongovern- mental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1578 shall be used for the purpose for which the assistance was provided to that organization.

EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES SEC.

7068.

(a) Section 1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C.

214(b)(1)) shall be applied through fiscal year 2023 by substituting ‘‘the costs of pro- viding consular services’’ for ‘‘such costs’’.
(b) Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136; 134 Stat.

592) shall be applied during fiscal year 2023 by substituting ‘‘2020 through 2023’’ for ‘‘2020 and 2021’’.
(c) Discretionary amounts made available to the De- partment of State under the heading ‘‘Administration of Foreign Affairs’’ of this Act, and discretionary unobli- gated balances under such heading from prior Acts mak- ing appropriations for the Department of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if the Secretary of State determines and reports to the Commit- tees on Appropriations that to do so is necessary to sus- tain consular operations, following consultation with such Committees: Provided, That such transfer authority is in addition to any transfer authority otherwise available in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1579 this Act and under any other provision of law: Provided further, That no amounts may be transferred from amounts designated as an emergency requirement pursu- ant to a concurrent resolution on the budget or the Bal- anced Budget and Emergency Deficit Control Act of 1985.

(d) In addition to the uses permitted pursuant to sec- tion 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), for fiscal year 2023, the Sec- retary of State may also use fees deposited into the Fraud 10 Prevention and Detection Account for the costs of pro- 11 viding consular services.

12 (e) Amounts provided pursuant to subsection (b) are designated by the Congress as being for an emergency re- quirement 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 Rep- 18 resentatives on June 8, 2022.

19 20 21 22 MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION (INCLUDING TRANSFER OF FUNDS) SEC.

7069.

In fiscal year 2023 and in each fiscal year 23 thereafter— 24 25 (a) The Administrator of the Environmental Protec- tion Agency (the ‘‘Administrator’’) may transfer amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1580 made available under the heading ‘‘Environmental Protec- tion Agency—State and Tribal Assistance Grants’’ in the USMCA Supplemental Appropriations Act, 2019 (title IX of Public Law 116–113) to the International Boundary and Water Commission, United States and Mexico (the ‘‘Commission’’), by entering into an interagency agree- ment or by awarding a grant, to support the construction of treatment works (as that term is defined in section 212(2) of the Federal Water Pollution Control Act (33 U.S.C.
1292(2))), that will be owned or operated by the Commission: Provided, That the Commission shall, in con- sultation with the Administrator and subject to the re- quirements of sections 513 and 608 of the Federal Water Pollution Control Act (33 U.S.C.
1372 and 1388), use amounts transferred pursuant to this section for general, administrative, or other costs (including construction management) related to the planning, study, design, and construction, of treatment works that, as determined by the Commissioner of the Commission, will— (1) protect residents in the United States-Mex- ico border region from water pollution resulting from— (A) transboundary flows of wastewater, stormwater, or other international transbound- ary water flows originating in Mexico; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1581 (B) any inadequacies or breakdowns of treatment works in Mexico; and (2) provide treatment of the flows and water pollution described in subparagraph (A) in compli- ance with local, State, and Federal law: Provided, That the Commission may also use amounts trans- ferred pursuant to this section to operate and main- tain any new treatment work constructed, which shall be in addition to any amounts otherwise avail- able to the Commission for such purposes.
(b) The Commission is authorized to enter into an agreement with the appropriate official or officials of the United States and Mexican States for the operation and maintenance by the Commission of any new treatment works, pursuant to subsection (a): Provided, That such agreement shall contain a provision relating to the division between the two Governments of the costs of such oper- ation and maintenance, or of the works involved there as may be recommended by said Commission and approved by the Government of Mexico.
21 22 (c) Nothing in this section modifies, amends, repeals, or otherwise limits the authority of the Commission 23 under— 24 25 (1) the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1582 the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat.
1219), between the United States and Mexico; or (2) any other applicable treaty.

(d) Funds transferred pursuant to subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations.
(e) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emer- gency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con.

Res.

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

WAIVER AUTHORITY SEC.

7070.


The President may waive section 414 of Public Law 101–246 and section 410 of Public Law 103– 236 with respect to the United Nations Educational, Sci- entific and Cultural Organization if the President deter- mines and reports in writing to the Speaker of the House December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1583 of Representatives, the President Pro Tempore of the Sen- ate, and the appropriate congressional committees that to do so would enable the United States to counter Chinese influence or to promote other national interests of the United States: Provided, That the authority of this section shall cease to have effect if, after enactment of this Act, the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement ne- gotiated between Israel and the Palestinians: Provided fur- ther, That the authority of this section shall sunset on September 30, 2025, unless extended in a subsequent Act 13 of Congress.
ORGANIZATION OF AMERICAN STATES SEC.

7071.
(a) The Secretary of State shall instruct the United States Permanent Representative to the Orga- nization of American States (OAS) to use the voice and vote of the United States to: (1) implement budgetary re- forms and efficiencies within the Organization; (2) elimi- nate arrears, increase other donor contributions, and im- pose penalties for successive late payment of assessments; 22 (3) prevent programmatic and organizational 23 24 25 redundancies and consolidate duplicative activities and functions; (4) prioritize areas in which the OAS has exper- tise, such as strengthening democracy, monitoring elec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1584 toral processes, and protecting human rights; and (5) im- plement reforms within the Office of the Inspector General (OIG) to ensure the OIG has the necessary leadership, in- tegrity, professionalism, independence, policies, and proce- dures to properly carry out its responsibilities in a manner that meets or exceeds best practices in the United States.
(b) Prior to the obligation of funds appropriated by this Act and made available for an assessed contribution to the Organization of American States, but not later than 90 days after the date of enactment of this Act, the Sec- retary of State shall submit a report to the appropriate congressional committees on actions taken or planned to be taken pursuant to subsection (a) that are in addition to actions taken during the preceding fiscal year, and the 15 results of such actions.
MULTILATERAL DEVELOPMENT BANKS SEC.

7072.

(a) INTERNATIONAL DEVELOPMENT AS- SOCIATION TWENTIETH REPLENISHMENT.—The Inter- national Development Association Act (22 U.S.C.

284 et seq.)

is amended by adding at the end the following new 21 section: 22 23 24 ‘‘SEC.

32.

TWENTIETH REPLENISHMENT.


‘‘(a) IN GENERAL.—The United States Governor of the International Development Association is authorized 25 to contribute on behalf of the United States December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1585 $3,500,000,000 to the twentieth replenishment of the re- sources of the Association, subject to obtaining the nec- essary appropriations.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appro- priated, without fiscal year limitation, $3,500,000,000 for payment by the Secretary of the Treasury.’’.

(b) ASIAN DEVELOPMENT FUND TWELFTH REPLEN- ISHMENT.—The Asian Development Bank Act (22 U.S.C.

285 et seq.)

is amended by adding at the end the following 12 new section: ‘‘SEC.

37.

TWELFTH REPLENISHMENT.


‘‘(a) The United States Governor of the Bank is au- thorized to contribute, on behalf of the United States, $177,440,000 to the twelfth replenishment of the re- sources of the Fund, subject to obtaining the necessary 18 appropriations.

19 20 21 22 ‘‘(b) In order to pay for the United States contribu- tion provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $177,440,000 for payment by the Secretary of the Treas- 23 ury.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1586 WAR CRIMES ACCOUNTABILITY SEC.

7073.

(a) EXCEPTION FOR CERTAIN INVES- TIGATIONS.—Section 2004(h) of the American Servicemembers’ Protection Act of 2002 (22 U.S.C.
7423(h)) is amended— (1) by striking ‘‘Agents.—No agent’’ and in- serting the following: ‘‘Agents.— ‘‘(1) IN GENERAL.—No agent’’; and (2) by adding at the end the following new paragraph: ‘‘(2) EXCEPTION.—The prohibition under para- graph (1) shall not apply with respect to investiga- tive activities that— ‘‘(A) relate solely to investigations and prosecutions of foreign persons for crimes with- in the jurisdiction of the International Criminal Court related to the Situation in Ukraine; and ‘‘(B) are undertaken in concurrence with the Attorney General.’’.
(b) EXCEPTION FOR CERTAIN SUPPORT.—Section 2015 of the American Servicemembers’ Protection Act of 2002 (22 U.S.C.

7433) is amended by striking ‘‘Nothing’’ through the end of such section and inserting the fol- lowing: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1587 ‘‘(a) ASSISTANCE.—Nothing in this title shall pro- hibit the United States from rendering assistance to inter- national efforts to bring to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of Al Queda, leaders of Islamic Jihad, and other foreign na- tionals accused of genocide, war crimes or crimes against humanity, or from rendering assistance to the Inter- national Criminal Court to assist with investigations and prosecutions of foreign nationals related to the Situation in Ukraine, including to support victims and witnesses.
‘‘(b) AUTHORITY.—Assistance made available pursu- ant to subsection (a) of this section may be made available notwithstanding section 705 of the Foreign Relations Au- thorization Act, Fiscal Year 2000 and 2001 (22 U.S.C.
7401), except that none of the funds made available pur- suant to this subsection may be made available for the purpose of supporting investigations or prosecutions of U.S. servicemembers or other covered United States per- sons or covered allied persons as such terms are defined 20 in section 2013 of this Act.
21 22 23 24 ‘‘(c) NOTIFICATION.—The Secretary of State shall notify the Committees on Appropriations, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives, of any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1588 amounts obligated pursuant to subsection (b) not later than 15 days before such obligation is made.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this sec- tion may be construed to modify the existing roles or au- thorities of any Federal agency or official.

RESCISSIONS (INCLUDING RESCISSIONS OF FUNDS) SEC.

7074.

(a) MILLENNIUM CHALLENGE CORPORA- TION.—Of the unobligated balances from amounts made available under the heading ‘‘Millennium Challenge Cor- poration’’ from prior Acts making appropriations for the Department of State, foreign operations, and related pro- grams, $100,000,000 are rescinded.
(b) EMBASSY SECURITY, CONSTRUCTION, AND MAIN- TENANCE.—Of the unobligated and unexpended balances from amounts available under the heading ‘‘Embassy Se- curity, Construction, and Maintenance’’ from prior Acts making appropriations for the Department of State, for- eign operations, and related programs, $42,000,000 are rescinded.
(c) CONTRIBUTIONS FOR INTERNATIONAL PEACE- KEEPING ACTIVITIES.—Of the unobligated and unex- pended balances from amounts available under the head- ing ‘‘Contributions for International Peacekeeping Activi- ties’’ from prior Acts making appropriations for the De- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1589 partment of State, foreign operations, and related pro- grams, $100,000,000 are rescinded.
(d) RESTRICTION.—No amounts may be rescinded from amounts that were previously designated by the Con- gress as an emergency requirement pursuant to a concur- rent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

This division may be cited as the ‘‘Department of State, Foreign Operations, and Related Programs Appro- 10 priations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1590 DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RE- LATED AGENCIES APPROPRIATIONS ACT, 2023 TITLE I DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $171,014,000: Provided, That of the sums appropriated 11 under this heading— (1) $3,569,000 shall be available for the imme- diate Office of the Secretary; (2) $1,277,000 shall be available for the imme- diate Office of the Deputy Secretary; (3) $28,089,000 shall be available for the Office of the General Counsel; (4) $17,469,000 shall be available for the Office of the Under Secretary of Transportation for Policy, of which $2,000,000 is for the Office for Multimodal Freight Infrastructure and Policy; (5) $21,026,000 shall be available for the Office of the Assistant Secretary for Budget and Pro- grams; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1591 (6) $3,968,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; (7) $41,399,000 shall be available for the Office of the Assistant Secretary for Administration; (8) $5,727,000 shall be available for the Office of Public Affairs and Public Engagement; (9) $2,312,000 shall be available for the Office of the Executive Secretariat; (10) $15,533,000 shall be available for the Of- fice of Intelligence, Security, and Emergency Re- sponse; (11) $29,195,000 shall be available for the Of- fice of the Chief Information Officer; and (12) $1,450,000 shall be available for the Office of Tribal Government Affairs: Provided further, That the Secretary of Transportation (referred to in this title as the ‘‘Secretary’’) is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 7 per- cent by all such transfers: Provided further, That notice of any change in funding greater than 7 percent shall be submitted for approval to the House and Senate Commit- tees on Appropriations: Provided further, That not to ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1592 ceed $70,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwith- standing any other provision of law, there may be credited to this appropriation up to $2,500,000 in funds received in user fees.
RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $48,996,000, of which $37,542,000 shall remain available until expended: Provided, That of such amounts that are available until expended, $3,224,000 shall be for necessary expenses of the Advanced Research Projects Agency—In- frastructure (ARPA–I) as authorized by section 119 of title 49, United States Code: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, munici- palities, other public authorities, and private sources for expenses incurred for training: Provided further, That any reference in law, regulation, judicial proceedings, or else- where to the Research and Innovative Technology Admin- istration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1593 NATIONAL INFRASTRUCTURE INVESTMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out a local and re- gional project assistance grant program under section 6702 of title 49, United States Code, $800,000,000, to remain available until expended: Provided, That section 6702(f)(2) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of amounts made available under this heading in this Act, not less than $20,000,000 shall be awarded to projects in historically disadvantaged com- munities or areas of persistent poverty as defined under section 6702(a)(1) of title 49, United States Code: Pro- vided further, That section 6702(g) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of the amounts made available under this heading in this Act not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects: Pro- vided further, That grants awarded under this heading in this Act for eligible projects for planning, preparation, or design shall not be subject to a minimum grant size: Pro- vided further, That in distributing amounts made available under this heading in this Act, the Secretary shall take such measures so as to ensure an equitable geographic dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1594 tribution of funds, an appropriate balance in addressing the needs of urban and rural areas, including Tribal areas, and the investment in a variety of transportation modes: Provided further, That section 6702(c)(2)(C) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That a grant award under this heading in this Act shall be not greater than $45,000,000: Provided further, That section 6702(c)(3) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That not more than 15 per- cent of the amounts made available under this heading in this Act may be awarded to projects in a single State: Provided further, That for amounts made available under this heading in this Act, the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package: Pro- vided further, That section 6702(f)(1) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of the amounts awarded under this heading in this Act, not more than 50 percent shall be allocated for eligible projects located in rural areas and not more than 50 per- cent shall be allocated for eligible projects located in ur- banized areas: Provided further, That for the purpose of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1595 determining if an award for planning, preparation, or de- sign under this heading in this Act is an urban award, the project location is the location of the project being planned, prepared, or designed: Provided further, That the Secretary may retain up to 2 percent of the amounts made available under this heading in this Act, and may transfer portions of such amounts to the Administrators of the Federal Aviation Administration, the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Ad- ministration to fund the award and oversight of grants and credit assistance made under the program authorized under section 6702 of title 49, United States Code: Pro- vided further, That for amounts made available under this heading in this Act, the Secretary shall consider and award projects based solely on the selection criteria as identified under section 6702(d)(3) and (d)(4) of title 49, 18 United States Code.
THRIVING COMMUNITIES INITIATIVE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for a thriving communities program, $25,000,000, to remain available until Sep- tember 30, 2025: Provided, That the Secretary of Trans- portation shall make such amounts available for technical assistance and cooperative agreements to develop and im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1596 plement technical assistance, planning, and capacity build- ing to improve and foster thriving communities through transportation improvements: Provided further, That the Secretary may enter into cooperative agreements with philanthropic entities, non-profit organizations, other Fed- eral agencies, State or local governments and their agen- cies, Indian Tribes, or other technical assistance providers, to provide such technical assistance, planning, and capac- ity building to State, local, or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions of State or local governments: Provided further, That to be eligible for a cooperative agreement under this heading, a recipient shall provide assistance to entities described in the pre- ceding proviso on engaging in public planning processes with residents, local businesses, non-profit organizations, and to the extent practicable, philanthropic organizations, educational institutions, or other community stakeholders: Provided further, That such cooperative agreements shall facilitate the planning and development of transportation and community revitalization activities supported by the Department of Transportation under titles 23, 46, and 49, United States Code, that increase mobility, reduce pollu- tion from transportation sources, expand affordable trans- portation options, facilitate efficient land use, preserve or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1597 expand jobs, improve housing conditions, enhance connec- tions to health care, education, and food security, or im- prove health outcomes: Provided further, That the Sec- retary may prioritize assistance provided with amounts made available under this heading to communities that have disproportionate rates of pollution and poor air qual- ity, communities experiencing disproportionate effects (as defined by Executive Order No.
12898), areas of per- sistent poverty as defined in section 6702(a)(1) of title 49, United States Code, or historically disadvantaged com- munities: Provided further, That the preceding proviso shall not prevent the Secretary from providing assistance with amounts made available under this heading to enti- ties described in the second proviso under this heading that request assistance through the thriving communities program: Provided further, That planning and technical assistance made available under this heading may include pre-application assistance for capital projects eligible under titles 23, 46, and 49, United States Code: Provided further, That the Secretary may retain amounts made available under this heading for the necessary administra- tive expenses of (1) developing and disseminating best practices, modeling, and cost-benefit analysis methodolo- gies to assist entities described in the second proviso under this heading with applications for financial assistance pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1598 grams under titles 23, 46, and 49, United States Code, and (2) award, administration, and oversight of coopera- tive agreements to carry out the provisions under this heading: Provided further, That such amounts and pay- ments as may be necessary to carry out the thriving com- munities program may be transferred to appropriate ac- counts of other operating administrations within the De- partment of Transportation: Provided further, That the Secretary shall notify the House and Senate Committees on Appropriations not later than 3 business days prior to a transfer carried out under the preceding proviso.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as author- ized by 49 U.S.C.
116, $8,850,000, to remain available until expended: Provided, That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, includ- ing counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal cred- it instruments and all or a portion of the costs to the Fed- eral Government of servicing such credit instruments: Pro- vided further, That such fees are available until expended to pay for such costs: Provided further, That such amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1599 are in addition to other amounts made available for such purposes and are not subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The Secretary is authorized to issue direct loans and loan guarantees pursuant to chapter 224 of title 49, United States Code, and such authority shall exist as long as any such direct loan or loan guarantee is outstanding.
FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing the Department of Transportation’s financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2024.
CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, including necessary upgrades to network and information technology infrastructure, improvement of identity man- agement and authentication capabilities, securing and pro- tecting data, implementation of Federal cyber security ini- tiatives, and implementation of enhanced security controls on agency computers and mobile devices, $48,100,000, to remain available until September 30, 2024.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1600 OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $14,800,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development ac- tivities, and making grants, $36,543,000, to remain avail- able until expended: Provided, That of such amount, $5,436,000 shall be for necessary expenses of the Inter- agency Infrastructure Permitting Improvement Center (IIPIC): Provided further, That there may be transferred to this appropriation, to remain available until expended, amounts transferred from other Federal agencies for ex- penses incurred under this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed by the IIPIC shall be available to other Federal agencies for the permitting and review of major infrastructure projects not related to transportation only to the extent that other Federal agen- cies provide funding to the Department in accordance with the preceding proviso: Provided further, That of the amounts made available under this heading, $12,914,000 shall be made available for the purposes, and in amounts, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1601 specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ in- cluded in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and cap- ital outlays of the Working Capital Fund, not to exceed $505,285,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Pro- vided further, That the limitation in the preceding proviso on operating expenses shall not apply to entities external to the Department of Transportation or for funds pro- vided in Public Law 117–58: Provided further, That no funds made available by this Act to an agency of the De- partment shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless notice of such assess- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1602 ments and the basis therefor are presented to the House and Senate Committees on Appropriations and are ap- proved by such Committees.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $5,132,000, to remain available until September 30, 2024: Provided, That notwithstanding section 332 of title 49, United States Code, such amounts may be used for business op- portunities related to any mode of transportation: Pro- vided further, That appropriations made available under this heading shall be available for any purpose consistent with prior year appropriations that were made available under the heading ‘‘Office of the Secretary—Minority Business Resource Center Program’’.
PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $354,827,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That in determining between or among carriers competing to provide service to a community, the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1603 retary may consider the relative subsidy requirements of the carriers: Provided further, That basic essential air service minimum requirements shall not include the 15- passenger capacity requirement under section 41732(b)(3) of title 49, United States Code: Provided further, That amounts authorized to be distributed for the essential air service program under section 41742(b) of title 49, United States Code, shall be made available immediately from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code: Provided further, That, notwithstanding section 41733 of title 49, United States Code, for fiscal year 2023, the requirements established under subparagraphs (B) and (C) of section 41731(a)(1) of title 49, United States Code, and the subsidy cap estab- lished by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000, shall not apply to maintain eligibility under section 41731 of title 21 49, United States Code.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1604 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION (INCLUDING RESCISSION AND TRANSFER OF FUNDS) SEC.

101.
101.

None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to ap- prove assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of en- actment of this Act, unless such assessments or agree- ments have completed the normal reprogramming process for congressional notification.
SEC.

102.

The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions 18 of each meeting.

19 SEC.

103.
SEC.

103.

In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reim- bursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1605 benefit program under Executive Order No.

13150 and section 3049 of SAFETEA–LU (5 U.S.C.
7905 note): Provided, That the Department shall maintain a reason- able operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to Government employees: Provided further, That such reserve shall not exceed 1 month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits: Provided further, That the Working Capital Fund shall be fully reimbursed by each customer agency from available funds for the actual 12 cost of the transit benefit.
SEC.

104.
104.

Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused transit and van pool benefits, in an amount not to exceed 10 percent of fiscal year 2023 collections, shall be available until ex- pended in the Department’s Working Capital Fund to pro- vide contractual services in support of section 189 of this Act: Provided, That obligations in fiscal year 2023 of such collections shall not exceed $1,000,000.

SEC.

105.
SEC.

105.

None of the funds in this title may be obli- gated or expended for retention or senior executive bo- nuses for an employee of the Department of Transpor- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1606 tation without the prior written approval of the Assistant Secretary for Administration.

SEC.

106.
SEC.

106.

In addition to authority provided by section 327 of title 49, United States Code, the Department’s Ad- ministrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will re- turn full cost of transferred assets.

SEC.

107.
None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appro- priations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Trans- portation and Infrastructure of the House of Representa- tives: Provided, That such notification shall include, but not be limited to, the name of the project sponsor; a de- scription of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of credit; and the amount of credit assistance.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1607 SEC.

108.

For an additional amount for necessary ex- penses of the Volpe National Transportation Systems Cen- ter, as authorized in section 328 of title 49, United States Code, $4,500,000, to remain available until expended.

SEC.

109.
(a) The remaining unobligated balances, as of September 30, 2023, from amounts made available in section 157(a) of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180) are hereby per- manently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2023, to remain available until September 30, 2024, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2020 national infrastructure investments program, in addition to other funds as may be available for such purposes.
(b) The remaining unobligated balances, as of Sep- tember 30, 2023, from amounts made available in section 157(b) of the Continuing Appropriations Act, 2023 (divi- sion A of Public Law 117–180) are hereby permanently rescinded, and an amount of additional new budget au- thority equivalent to the amount rescinded is hereby ap- propriated on September 30, 2023, to remain available until September 30, 2024, and shall be available, without additional competition, for completing the funding of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1608 awards made pursuant to the fiscal year 2019 national infrastructure investments program, in addition to other funds as may be available for such purposes.

SEC.

109A.
(a) Amounts made available to the Sec- retary of Transportation or the Department of Transpor- tation’s operating administrations in this Act or in Public Law 117–103 for the costs of award, administration, or oversight of financial assistance under the programs iden- tified in subsection (c) may be transferred to the account identified in section 801 of division J of Public Law 117– 58, to remain available until expended, for the necessary expenses of award, administration, or oversight of any fi- nancial assistance programs in the Department of Trans- 14 portation.
15 16 (b) Amounts transferred under the authority in this section are available in addition to amounts otherwise 17 available for such purpose.

18 19 20 21 (c) The program from which funds made available under this Act or in Public Law 117–103 may be trans- ferred under subsection (a) is the local and regional project assistance program under section 6702 of title 49, 22 United States Code.

23 24 25 SEC.

109B.


Of the amounts made available under the heading ‘‘National Infrastructure Investments’’, not less than $1,000,000 and not greater than $25,000,000 shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1609 be available to complete port infrastructure projects that received awards from the national infrastructure invest- ments program under title I of division G of the Consoli- dated Appropriations Act, 2019 (Public Law 116–6) or rail infrastructure projects that received awards from the national infrastructure investments program under title I of division L of the Consolidated Appropriations Act, 2018 (Public Law 115–141): Provided, That an award funded under this section may allow the total award to a recipient to be greater than $25,000,000: Provided further, That sponsors of projects eligible for funds made available under this section shall provide sufficient written justifica- tion describing, at a minimum, the current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant informa- tion, as determined by the Secretary: Provided further, That the allocation under the preceding proviso will be for the amounts necessary to cover increases to eligible project costs since the grant was obligated, based on the informa- tion provided: Provided further, That section 200.204 of title 2, Code of Federal Regulations, shall not apply to amounts made available under this section: Provided fur- ther, That the amounts made available under this section shall not be part of the Federal share of total project costs and shall be up to 100 percent: Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1610 section 6702(c)(3) of title 49, United States Code, shall not apply to amounts made available under this section: Provided further, That section 6702(f) of title 49, United States Code, shall not apply to amounts made available under this section: Provided further, That of amounts made available under this section, the Secretary may award to rail infrastructure projects only amounts that the Secretary determines are not needed to complete port in- frastructure projects.
FEDERAL AVIATION ADMINISTRATION OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses of the Federal Aviation Ad- ministration, not otherwise provided for, including oper- ations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, the lease or purchase of passenger motor vehicles for replacement only, $11,915,000,000, to remain available until September 30, 2024, of which $9,993,821,000 to be derived from the Airport and Airway Trust Fund: Provided, That of the amounts made avail- able under this heading— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1611 (1) not less than $1,630,794,000 shall be avail- able for aviation safety activities; (2) $8,812,537,000 shall be available for air traffic organization activities; (3) $37,854,000 shall be available for commer- cial space transportation activities; (4) $918,049,000 shall be available for finance and management activities; (5) $65,581,000 shall be available for NextGen and operations planning activities; (6) $152,509,000 shall be available for security and hazardous materials safety activities; and (7) $297,676,000 shall be available for staff of- fices: Provided further, That not to exceed 5 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under this head- ing: Provided further, That no transfer may increase or decrease any appropriation under this heading by more than 5 percent: Provided further, That any transfer in ex- cess of 5 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be avail- able for obligation or expenditure except in compliance with the procedures set forth in that section: Provided fur- ther, That not later than 60 days after the submission of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1612 the budget request, the Administrator of the Federal Avia- tion Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of the Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
40101 note): Provided further, That the amounts made available under this heading shall be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted to Congress: Provided further, That not later than 60 days after the submission of the budget request, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year: Provided further, That the amounts made available under this heading shall be reduced by $100,000 for each day after the date that is 60 days after the submission of the budget request that such report has not been submitted to Congress: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided fur- ther, That none of the funds made available by this Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1613 shall be available for new applicants for the second career training program: Provided further, That none of the funds made available by this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited to this appropriation, as offsetting collec- tions, funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and oper- ation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Pro- vided further, That of the amounts made available under this heading, not less than $187,800,000 shall be used to fund direct operations of the current air traffic control towers in the contract tower program, including the con- tract tower cost share program, and any airport that is currently qualified or that will qualify for the program during the fiscal year: Provided further, That none of the funds made available by this Act for aeronautical charting and cartography are available for activities conducted by, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1614 or coordinated through, the Working Capital Fund: Pro- vided further, That none of the funds appropriated or oth- erwise made available by this Act or any other Act may be used to eliminate the Contract Weather Observers pro- gram at any airport.
FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equip- ment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acqui- sition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Admin- istration stationed at remote localities where such accom- modations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and cer- tification; to be derived from the Airport and Airway Trust Fund, $2,945,000,000, of which $570,000,000 is for per- sonnel and related expenses and shall remain available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1615 until September 30, 2024, $2,221,200,000 shall remain available until September 30, 2025, and $153,800,000 is for terminal facilities and shall remain available until Sep- tember 30, 2027: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, im- provement, and modernization of national airspace sys- tems: Provided further, That not later than 60 days after submission of the budget request, the Secretary of Trans- portation shall transmit to the Congress an investment plan for the Federal Aviation Administration which in- cludes funding for each budget line item for fiscal years 2024 through 2028, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, That section 405 of this Act shall apply to amounts made available under this heading in title VIII of the Infrastructure Investments and Jobs Appropriations Act (division J of Public Law 117–58): Provided further, That the amounts in the table entitled ‘‘Allocation of Funds for FAA Facilities and Equipment from the Infrastructure Investment and Jobs Act—Fiscal Year 2023’’ in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consoli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1616 dated Act) shall be the baseline for application of re- programming and transfer authorities for the current fis- cal year pursuant to paragraph (7) of such section 405 for amounts referred to in the preceding proviso: Provided further, That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is received from the House and Senate Committees on Appropriations, not to exceed 10 percent of any funding level specified for projects and activities in the table referred to in the pre- ceding proviso may be transferred to any other funding level specified for projects and activities in such table and no transfer of such funding levels may increase or decrease any funding level in such table by more than 10 percent: Provided further, That of the amounts made available under this heading for terminal facilities, $45,000,000 shall be made available for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ in- cluded in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 22 Act).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1617 RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $255,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2025: Provided, That there may be credited to this appro- priation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development: Pro- vided further, That amounts made available under this heading shall be used in accordance with the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That not to exceed 10 percent of any funding level specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) may be transferred to any other funding level specified under this heading in the explanatory state- ment described in section 4 (in the matter preceding divi- sion A of this consolidated Act): Provided further, That December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1618 no transfer may increase or decrease any funding level by more than 10 percent: Provided further, That any transfer in excess of 10 percent shall be treated as a reprogram- ming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compli- ance with the procedures set forth in that section.
GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in- aid for airport planning and development, and noise com- patibility planning and programs as authorized under sub- chapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law au- thorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safe- ty programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,350,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1619 pended: Provided, That none of the amounts made avail- able under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,350,000,000, in fiscal year 2023, notwith- standing section 47117(g) of title 49, United States Code: Provided further, That none of the amounts made available under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Pro- vided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government’s share of allowable project costs under paragraph (2) of such sec- tion for subgrants or paragraph (3) of such section shall be 95 percent for a project at other than a large or me- dium hub airport that is a successive phase of a multi- phased construction project for which the project sponsor received a grant in fiscal year 2011 for the construction project: Provided further, That notwithstanding any other provision of law, of amounts limited under this heading, not less than $137,372,000 shall be available for adminis- tration, $15,000,000 shall be available for the Airport Co- operative Research Program, $40,828,000 shall be avail- able for Airport Technology Research, and $10,000,000, to remain available until expended, shall be available and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1620 transferred to ‘‘Office of the Secretary, Salaries and Ex- penses’’ to carry out the Small Community Air Service De- velopment Program: Provided further, That in addition to airports eligible under section 41743 of title 49, United States Code, such program may include the participation of an airport that serves a community or consortium that is not larger than a small hub airport, according to FAA hub classifications effective at the time the Office of the Secretary issues a request for proposals.
GRANTS-IN-AID FOR AIRPORTS For an additional amount for ‘‘Grants-In-Aid for Air- ports’’, to enable the Secretary of Transportation to make grants for projects as authorized by subchapter 1 of chap- ter 471 and subchapter 1 of chapter 475 of title 49, United States Code, $558,555,000, to remain available through September 30, 2025: Provided, That amounts made available under this heading shall be derived from the general fund, and such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471 of title 49, United States Code: Provided further, That of the sums appropriated under this heading— (1) $283,555,000 shall be made available for the purposes, and in amounts, specified for Commu- nity Project Funding/Congressionally Directed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1621 Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ in- cluded in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consolidated Act); and (2) up to $275,000,000 shall be made available to the Secretary to distribute as discretionary grants to airports, of which not less than $25,000,000 shall be made available to any commercial service airport, notwithstanding the requirement for the airport to be located in an air quality nonattainment or main- tenance area in section 47102(3)(K) and 47102(3)(L) of title 49, United States Code, for work necessary to construct or modify airport facili- ties to provide low-emission fuel systems, gate elec- trification, other related air quality improvements, acquisition of airport-owned vehicles or ground sup- port equipment with low-emission technology: Provided further, That the Secretary may make discre- tionary grants to primary airports for airport-owned infra- structure required for the on-airport distribution, blend- ing, or storage of sustainable aviation fuels that achieve at least a 50 percent reduction in lifecycle greenhouse gas emissions, using a methodology determined by the Sec- retary, including, but not limited to, on-airport construc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1622 tion or expansion of pipelines, rail lines and spurs, loading and off-loading facilities, blending facilities, and storage tanks: Provided further, That the Secretary may make dis- cretionary grants for airport development improvements of primary runways, taxiways, and aprons necessary at a nonhub, small hub, medium hub, or large hub airport to increase operational resilience for the purpose of resuming commercial service flight operations following an earth- quake, flooding, high water, hurricane, storm surge, tidal wave, tornado, tsunami, wind driven water, or winter storms: Provided further, That the amounts made avail- able under this heading shall not be subject to any limita- tion on obligations for the Grants-in-Aid for Airports pro- gram set forth in any Act: Provided further, That the Ad- ministrator of the Federal Aviation Administration may retain up to 0.5 percent of the amounts made available under this heading to fund the award and oversight by the Administrator of grants made under this heading.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION SEC.

110.

None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and devel- opment center contract between the Federal Aviation Ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1623 ministration and the Center for Advanced Aviation Sys- tems Development during fiscal year 2023.

SEC.

111.
None of the funds made available by this Act shall be used to pursue or adopt guidelines or regula- tions requiring airport sponsors to provide to the Federal Aviation Administration without cost building construc- tion, maintenance, utilities and expenses, or space in air- port sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Pro- vided, That the prohibition on the use of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ‘‘below-mar- ket’’ rates for these items or to grant assurances that re- quire airport sponsors to provide land without cost to the Federal Aviation Administration for air traffic control fa- 16 cilities.
SEC.

112.

The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made avail- able to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1624 SEC.

113.

Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation.

SEC.

114.
SEC.

114.

None of the funds made available by this Act shall be available for paying premium pay under sec- tion 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee 10 actually performed work during the time corresponding to 11 such premium pay.

12 13 14 15 SEC.

115.


None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued 16 credit card.

17 SEC.

116.
Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administra- tion, a blocking of that owner’s or operator’s aircraft reg- istration number, Mode S transponder code, flight identi- fication, call sign, or similar identifying information from December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1625 any ground based display to the public that would allow the real-time or near real-time flight tracking of that air- craft’s movements, except data made available to a Gov- ernment agency, for the noncommercial flights of that owner or operator.

SEC.

117.

None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Fed- eral Aviation Administration.

SEC.

118.
SEC.

118.

None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and ex- plains how such fees are consistent with Executive Order 17 No.

13642.

18 19 20 21 22 SEC.

119.


None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full busi- 23 ness days in advance.

24 25 SEC.

119A.
24 25 SEC.

119A.

None of the funds made available by or limited by this Act may be used to change weight restric- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1626 tions or prior permission rules at Teterboro airport in Teterboro, New Jersey.

SEC.

119B.
None of the funds made available by this Act may be used by the Administrator of the Federal Avia- tion Administration to withhold from consideration and approval any new application for participation in the Con- tract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Ad- ministration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria.
SEC.

119C.

None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical cen- ter, or the technical center unless the Administrator sub- mits a request for the reprogramming of funds under sec- 18 tion 405 of this Act.

19 SEC.

119D.
SEC.

119D.

The Federal Aviation Administration Ad- ministrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services.

SEC.

119E.

None of the funds appropriated or other- wise made available to the FAA may be used to carry out December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1627 the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on Oc- tober 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a non-contiguous States.
SEC.

119F.
Of the funds provided under the heading ‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be for necessary expenses, including an independent verification regime, to provide reimbursement to airport sponsors that do not provide gateway operations and pro- viders of general aviation ground support services, or other aviation tenants, located at those airports closed during a temporary flight restriction (TFR) for any residence of the President that is designated or identified to be secured by the United States Secret Service, and for direct and incremental financial losses incurred while such airports are closed solely due to the actions of the Federal Govern- ment: Provided, That no funds shall be obligated or dis- tributed to airport sponsors that do not provide gateway operations and providers of general aviation ground sup- port services until an independent audit is completed: Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1628 vided further, That losses incurred as a result of violations of law, or through fault or negligence, of such operators and service providers or of third parties (including air- ports) are not eligible for reimbursements: Provided fur- ther, That obligation and expenditure of funds are condi- tional upon full release of the United States Government for all claims for financial losses resulting from such ac- tions.
FEDERAL HIGHWAY ADMINISTRATION LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $473,535,991 together with advances and reimbursements received by the Federal Highway Ad- ministration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Ad- ministration: Provided, That in addition, $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104(a) of title 23, United States Code.
FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of authorized Federal-aid highway and highway safety December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1629 construction programs shall not exceed total obligations of $58,764,510,674 for fiscal year 2023: Provided, That the limitation on obligations under this heading shall only apply to contract authority authorized from the Highway Trust Fund (other than the Mass Transit Account), un- less otherwise specified in law.
(LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs, $59,503,510,674 shall be derived from the Highway Trust Fund (other than the Mass Tran- sit Account), to remain available until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $3,417,811,613: Provided, That the funds made available under this heading shall be derived from the general fund, shall be in addition to any funds provided for fiscal year 2023 in this or any other Act for: (1) ‘‘Federal-aid High- ways’’ under chapter 1 of title 23, United States Code; (2) the Appalachian Development Highway System as au- thorized under section 1069(y) of Public Law 102–240; (3) the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1630 as amended (23 U.S.C.

201 note); (4) the Northern Bor- der Regional Commission (40 U.S.C.

15101 et seq.
); or (5) the Denali Commission, and shall not affect the dis- tribution or amount of funds provided in any other Act: Provided further, That, except for funds made available under this heading for the Northern Border Regional Commission and the Denali Commission, section 11101(e) of Public Law 117–58 shall apply to funds made available under this heading: Provided further, That unless other- wise specified, amounts made available under this heading shall be available until September 30, 2026, and shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act making annual appropriations: Provided further, That of the sums appropriated under this head- 16 ing— (1) $1,862,811,613 shall be for the purposes, and in the amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/ Congressionally Directed Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That, except as otherwise provided under this heading, the funds made available under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1631 this paragraph shall be administered as if appor- tioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this paragraph that are used for Tribal projects shall be administered as if allocated under chapter 2 of title 23, United States Code, except that the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code, and subsections (a)(6), (c), and (e) of section 202 of such title, and section 1123(h)(1) of MAP–21 (as amended by Public Law 117–58), shall not apply to such funds; (2) $100,000,000 shall be for necessary ex- penses for construction of the Appalachian Develop- ment Highway System, as authorized under section 1069(y) of Public Law 102–240: Provided, That for the purposes of funds made available under this paragraph, the term ‘‘Appalachian State’’ means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as defined in section 14102(a) of title 40, United States Code: Provided further, That funds made available under this head- ing for construction of the Appalachian Development Highway System shall remain available until ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1632 pended: Provided further, That, except as provided in the following proviso, funds made available under this heading for construction of the Appalachian De- velopment 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 High- way System shall be carried out in the same manner as a project under section 14501 of title 40, United States Code: Provided further, That subject to the following proviso, funds made available under this heading for construction of the Appalachian Devel- opment Highway System shall be apportioned to Ap- palachian States according to the percentages de- rived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopt- ed 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1633 States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be appor- tioned an amount in excess of 30 percent of the amount made available for construction of the Appa- lachian Development Highway System under this heading: Provided further, That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two pro- visos: Provided further, That the Federal share of the costs for which an expenditure is made for con- struction of the Appalachian Development Highway System under this heading shall be up to 100 per- cent; (3) $40,000,000 shall be for the nationally sig- nificant Federal lands and Tribal projects program under section 1123 of the FAST Act (23 U.S.C.
201 note), of which not less than $20,000,000 shall be for competitive grants to tribal governments; (4) $12,000,000 shall be for the regional infra- structure accelerator demonstration program author- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1634 ized 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 other- wise 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 trans- portation infrastructure investment program under section 11529 of the Infrastructure Investment and Jobs Act (23 U.S.C.
217 note): Provided, That ex- cept as otherwise provided under such section or 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: Provided further, That funds made available under this para- graph shall remain available until expended; (7) $3,000,000 shall be to carry out the Polli- nator-Friendly Practices on Roadsides and Highway December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1635 Rights-of-Way Program under section 332 of title 23, United States Code; (8) $5,000,000 shall be for a cooperative series of agreements with universities, Federal agencies, the National Academy of Sciences, transportation agencies, or nonprofit organizations, to examine the impacts of culverts, roads, and bridges on threatened or endangered salmon populations: Provided, That, for funds made available under this paragraph, the Federal share of the costs of an activity carried out with such funds shall be 80 percent: Provided fur- ther, That, except as otherwise provided under this heading, the funds made available under this para- graph 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 re- placement and rehabilitation program: Provided, That, for the purposes of funds made available under this paragraph, the term ‘‘State’’ means any of the 50 States or the District of Columbia and the term ‘‘qualifying State’’ means any State in which the percentage of total deck area of bridges classi- fied 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1636 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: Pro- vided further, That, after making the reservations under the preceding proviso, the Secretary shall dis- tribute the remaining funds made available under this paragraph to each qualifying State by the pro- portion that the percentage of total deck area of bridges classified as in poor condition in such quali- fying State bears to the sum of the percentages of total deck area of bridges classified as in poor condi- tion in all qualifying States: Provided further, That, of the funds made available under this paragraph— (A) no qualifying State shall receive more than $60,000,000; (B) each State shall receive an amount not less than $6,000,000; and (C) after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $60,000,000 shall be redis- tributed 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1637 bridge replacement or rehabilitation projects on pub- lic roads: Provided further, That for purposes of this paragraph, the Secretary shall calculate the percent- ages of total deck area of bridges (including the per- centages of total deck area classified as in poor con- dition) 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 fur- ther, 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 capa- bilities of wood-based infrastructure projects: Pro- vided, 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1638 (11) $150,000,000 shall be for competitive awards for activities eligible under section 176(d)(4) of title 23, United States Code, of which $125,000,000 shall be for such activities eligible under subparagraph (A) of such section, and of which $25,000,000 shall be for such activities eligi- ble under subparagraph (C) of such section: Pro- vided, 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: Provided further, That, except as otherwise provided under this heading, funds made available under this para- graph shall be administered as if made available to carry out section 176(d) of such title: Provided fur- ther, That, for purposes of the calculation under sec- tion 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 fis- cal 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 para- graph for competitive awards for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1639 such title shall be included in the calculation of the amounts made available to carry out section 176(d) of such title for fiscal year 2023: Provided further, That, the Secretary may retain not more than a total of 5 percent of the amounts made available under this paragraph to carry out this paragraph and to review applications for grants under this paragraph, and may transfer portions of the funds retained under this proviso to the relevant Adminis- trators to fund the award and oversight of grants provided under this paragraph: Provided further, That a project assisted with funds made available under this paragraph shall be treated as a project on a Federal-aid highway; (12) $5,000,000 shall be transferred to the Denali Commission for activities eligible under sec- tion 307(e) of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105–277): Pro- vided, That funds made available under this para- graph shall not be subject to section 311 of such Act: Provided further, That except as otherwise pro- vided under section 307(e) of such Act or this head- ing, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1640 sions of such Act, including the requirement in sec- tion 307(e) of such Act that the local community provides a 10 percent non-Federal match in the form of any necessary land or planning and design funds: Provided further, That such funds shall be available until expended: Provided further, That the Federal share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 90 percent; and (13) $15,000,000 shall be transferred to the Denali Commission to carry out the Denali Access System Program under section 309 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105–277): Provided, That a transfer under this paragraph shall not be subject to section 311 of such Act: Provided further, That except as otherwise provided under this heading, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provisions of such Act: Provided further, That funds made available under this paragraph shall not be subject to section 309(j)(2) of such Act: Provided further, That funds made available under this paragraph shall be avail- able until expended: Provided further, That the Fed- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1641 eral share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 100 percent.

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION SEC.

120.
(a) For fiscal year 2023, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obliga- tion limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Ac- count) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1642 (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal- aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums au- thorized 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 Fed- eral-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Sec- retary under authorized Federal-aid highway and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1643 highway safety construction programs, or appor- tioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying— (A) the proportion determined under para- graph (3); by (B) the amounts authorized to be appro- priated for each such program for such fiscal year; and (5) distribute the obligation limitation for Fed- eral-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Fed- eral-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Per- formance Program in section 119 of title 23, United States Code, that are exempt from 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 programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1644 (B) the total of the amounts authorized to be appropriated for the programs that are ap- portioned 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.
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 As- sistance Act of 1987 (101 Stat.

198); (6) sections 1103 through 1108 of the Inter- modal 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); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1645 (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 ob- ligation 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).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1646 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU- THORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limita- tion 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 bal- ances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141) and 104 of title 23, United States Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— (1) IN GENERAL.—Except as provided in para- graph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for trans- portation research programs carried out under— (A) chapter 5 of title 23, United States Code; (B) title VI of the Fixing America’s Sur- face Transportation Act; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1647 (C) title III of division A of the Infrastruc- ture Investment and Jobs Act (Public Law 117–58).

(2) EXCEPTION.—Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fis- cal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal- aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway pro- grams; and (B) the Secretary determines will not be allocated to the States (or will not be appor- tioned to the States under section 204 of title December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1648 23, United States Code), and will not be avail- able 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 dis- tribution 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.
SEC.

121.

Notwithstanding 31 U.S.C.

3302, funds re- ceived by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pur- suant 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 re- quirement for Federal-aid highways projects, the Sec- retary of Transportation shall make an informal public no- tice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1649 retary 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 sec- tion 117 of title 23, United States Code, unless the Sec- retary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award.

SEC.

124.
(a) A State or territory, as defined in sec- tion 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 associ- ated 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 re- main available for obligation for a period of 3 fiscal years December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1650 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 de- fined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint ex- planatory statement, which was authorized to be ap- propriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Fed- eral Highway Administration.
(c) The authority under subsection (a) may be exer- cised only for those projects or activities that have obli- gated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1651 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 Appro- 10 priations.
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 implemen- tation, execution and administration of motor carrier safe- ty operations and programs pursuant to section 31110 of title 49, United States Code, as amended by the Infra- structure 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 Fed- eral Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1652 That funds available for implementation, execution, or ad- ministration of motor carrier safety operations and pro- grams authorized under title 49, United States Code, shall not exceed total obligations of $367,500,000, for ‘‘Motor Carrier Safety Operations and Programs’’ for fiscal year 2023, of which $14,073,000, to remain available for obli- gation 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 Sep- tember 30, 2025, is for development, modernization, en- hancement, 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 Ac- count) and to remain available until expended: Provided, That funds available for the implementation or execution of motor carrier safety programs shall not exceed total ob- ligations of $506,150,000 in fiscal year 2023 for ‘‘Motor December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1653 Carrier Safety Grants’’: Provided further, That of the amounts made available under this heading— (1) $398,500,000, to remain available for obli- gation until September 30, 2024, shall be for the motor carrier safety assistance program; (2) $42,650,000, to remain available for obliga- tion until September 30, 2024, shall be for the com- mercial driver’s license program implementation pro- gram; (3) $58,800,000, to remain available for obliga- tion until September 30, 2024, shall be for the high priority program; (4) $1,200,000, to remain available for obliga- tion until September 30, 2024, shall be for the com- mercial motor vehicle operators grant program; and (5) $5,000,000, to remain available for obliga- tion until September 30, 2024, shall be for the com- mercial motor vehicle enforcement training and sup- port grant program.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SEC.

130.

The Federal Motor Carrier Safety Admin- istration 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1654 records the receipt of the notice by the persons responsible for the violations.

SEC.

131.

The Federal Motor Carrier Safety Admin- istration 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 other- wise 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 regu- lation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by op- erators 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 Assist- ance Act of 1988 (7 U.S.C.
1471) or insects.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety, authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $210,000,000, to remain available through September 30, 2024.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1655 OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and im- proving 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 High- way 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 author- ized 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1656 recalls, and section 25024 of the Infrastructure In- vestment and Jobs Act (Public Law 117–58); and (2) $7,000,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States Code: Provided further, That within the $197,000,000 obligation limitation for operations and research, $57,500,000 shall remain available until September 30, 2024, and shall be in addition to the amount of any limitation imposed on obligations for future years: Provided further, That amounts for behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and im- proving consumer responses to safety recalls are in addi- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1657 Account): Provided, That none of the funds in this Act shall be available for the planning or execution of pro- grams for which the total obligations in fiscal year 2023 are in excess of $795,220,000 for programs authorized under sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code: Provided further, That of the sums appropriated under this heading— (1) $370,900,000 shall be for ‘‘Highway Safety Programs’’ under section 402 of title 23, United States Code; (2) $346,500,000 shall be for ‘‘National Pri- ority Safety Programs’’ under section 405 of title 23, United States Code; (3) $38,300,000 shall be for the ‘‘High Visi- bility Enforcement Program’’ under section 404 of title 23, United States Code; and (4) $39,520,000 shall be for grant administra- tive expenses under chapter 4 of title 23, United States Code: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to ex- ceed $500,000 of the funds made available for ‘‘National December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1658 Priority Safety Programs’’ under section 405 of title 23, United States Code, for ‘‘Impaired Driving Counter- measures’’ (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 fur- ther, That the Administrator shall notify the House and Senate Committees on Appropriations of any exercise of the authority granted under the preceding proviso or under section 405(a)(8) of title 23, United States Code, 14 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 Adminis- tration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related ex- penses for State management reviews and to pay for core competency development training and related expenses for 23 highway safety staff.

24 25 SEC.

141.
24 25 SEC.

141.

The limitations on obligations for the pro- grams of the National Highway Traffic Safety Adminis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1659 tration 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 au- thority has not lapsed or been used.

SEC.

142.
SEC.

142.

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

SEC.

143.

Section 24220 of the Infrastructure Invest- ment 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 13 Driving Act’.’’.
FEDERAL RAILROAD ADMINISTRATION SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Ad- ministration, 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 de- velopment, $44,000,000, to remain available until ex- pended: 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1660 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 author- ized by section 24911 of title 49, United States Code, $100,000,000, to remain available until expended: Pro- vided, 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 over- sight of grants carried out under title 49, United States 13 Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements grants, as au- thorized by section 22907 of title 49, United States Code, $535,000,000, to remain available until expended: Pro- vided, That of the amounts made available under this 22 heading in this Act— 23 24 25 (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 develop- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1661 ment of new intercity passenger rail service routes including alignments for existing routes; (2) not less than $25,000,000 shall be for projects eligible under section 22907(c)(11) of title 49, United States Code: Provided, That for amounts made available in this paragraph, the Secretary shall give preference to projects that are located in coun- ties with the most pedestrian trespasser casualties; (3) $5,000,000 shall be for preconstruction planning activities and capital costs related to the deployment of magnetic levitation transportation projects; (4) $30,426,000 shall be made available for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/ Congressionally Directed Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That requirements under subsections (g) and (l) of section 22907 of title 49, United States Code, shall not apply to this paragraph: Pro- vided further, That any remaining funds available after the distribution of the Community Project Funding/Congressionally Directed Spending de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1662 scribed in this paragraph shall be available to the Secretary to distribute as discretionary grants under this heading; and (5) not less than $5,000,000 shall be available for workforce development and training activities as authorized under section 22907(c)(13) of title 49, United States Code: Provided further, That for amounts made available under this heading in this Act, eligible projects under section 22907(c)(8) of title 49, United States Code, shall also in- clude railroad systems planning (including the preparation of regional intercity passenger rail plans and State Rail Plans) and railroad project development activities (includ- ing railroad project planning, preliminary engineering, de- sign, 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 Sec- retary, after selection, to the appropriate agencies to be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1663 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 re- cipients 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 de- fined 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 an- nounced in a notice of funding opportunity that includes funds made available under this heading in this Act: Pro- vided further, That the preceding proviso shall not apply to funds made available under this heading in the Infra- structure Investment and Jobs Act (division J of Public Law 117–58): Provided further, That unobligated balances remaining after 6 years from the date of enactment of this Act may be used for any eligible project under section 22907(c) of title 49, United States Code: Provided further, That the Secretary may withhold up to 2 percent of the amounts made available under this heading in this Act for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1664 the costs of award and project management oversight of grants carried out under title 49, United States Code.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as au- thorized by section 22101(a) of the Infrastructure Invest- ment and Jobs Act (Public Law 117–58), $1,260,000,000, to remain available until expended: Provided, That the Secretary may retain up to one-half of 1 percent of the amounts made available under both this heading in this Act and the ‘‘National Network Grants to the National Railroad Passenger Corporation’’ heading in this Act to fund the costs of project management and oversight of ac- tivities authorized by section 22101(c) of the Infrastruc- ture Investment and Jobs Act (Public Law 117–58): Pro- vided further, That in addition to the project management oversight funds authorized under section 22101(c) of the Infrastructure Investment and Jobs Act (Public Law 117– 58), the Secretary may retain up to an additional $5,000,000 of the amounts made available under this heading in this Act to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States Code.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1665 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as author- ized 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: Pro- vided, 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-Sup- ported Route Committee established under section 24712 of title 49, United States Code: Provided further, That at least $50,000,000 of the amount provided under this heading in this Act shall be available for the development, installation and operation of railroad safety improvements, including the implementation of a positive train control system, on State-supported routes as defined under sec- tion 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 bal- ances from amounts provided under this heading in this Act and in prior fiscal years for the development, installa- tion and operation of railroad safety technology on State- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1666 supported routes on which positive train control systems are not required by law or regulation shall also be avail- able for railroad safety improvements on State-supported routes as identified on or before the date of enactment of Public Law 117–103: Provided further, That none of the funds provided under this heading in this Act shall be used by Amtrak to give notice under subsection (a) or (c) of section 24706 of title 49, United States Code, with respect to long-distance routes (as defined in section 24102 of title 49, United States Code) on which Amtrak is the sole operator on a host railroad’s line and a positive train control system is not required by law or regulation, or, except in an emergency or during maintenance or con- struction outages impacting such routes, to otherwise dis- continue, reduce the frequency of, suspend, or substan- tially alter the route of rail service on any portion of such route operated in fiscal year 2018, including implementa- tion 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 Corpora- tion may use up to $66,000,000 of the amounts made available under this heading in this Act to support plan- ning 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1667 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 Cor- poration in contravention of the Worker Adjustment and Retraining Notification Act (29 U.S.C.

2101 et seq.).

SEC.

151.
The amounts made available to the Sec- retary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal Railroad Adminis- tration’s ‘‘Financial Assistance Oversight and Technical Assistance’’ account for the necessary expenses to support the award, administration, project management oversight, and technical assistance of financial assistance adminis- tered by the Federal Railroad Administration, in the same manner as appropriated for in this and prior Acts: Pro- vided, That this section shall not apply to amounts that were previously designated by the Congress as an emer- gency requirement pursuant to a concurrent resolution on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1668 the budget or the Balanced Budget and Emergency Def- icit Control Act of 1985.

SEC.

152.

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

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

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

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

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1669 SEC.

154.
1669 SEC.

154.

Of the unobligated balances of funds re- maining from— (1) ‘‘Rail Line Relocation and Improvement Program’’ account totaling $1,811,124.16 appro- priated by Public Law 112–10 is hereby perma- nently 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 indi- vidual employee: Provided, That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further, That the President of Am- trak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of en- actment 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1670 ceiving waivers for each month for 2022 and for the 3 prior calendar years.

SEC.

156.
SEC.

156.

None of the funds made available to the National Railroad Passenger Corporation under the head- ings ‘‘Northeast Corridor Grants to the National Railroad Passenger Corporation’’ and ‘‘National Network Grants to the National Railroad Passenger Corporation’’ may be used to reduce the total number of Amtrak Police Depart- ment uniformed officers patrolling on board passenger 10 trains or at stations, facilities or rights-of-way below the 11 staffing level on May 1, 2019.
SEC.

157.

It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are par- ticularly 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 sec- tion 24102 of title 49, United States Code).

SEC.

158.
SEC.

158.

State-supported routes operated by Am- trak.

Section 24712(a) of title 49, United States Code, is hereby amended by inserting after section 24712(a)(7) 24 the following— 25 ‘‘(8) STAFFING.—The Committee may— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1671 ‘‘(A) appoint, terminate, and fix the com- pensation of an executive director and other Committee employees necessary for the Com- mittee to carry out its duties; and ‘‘(B) enter into contracts necessary to carry out its duties, including providing Com- mittee employees with retirement and other em- ployee benefits under the condition that Non- Federal members or officers, the executive di- rector, and employees of the Committee are not Federal employees for any purpose.
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— Amounts made available by the Secretary of Trans- portation for the Committee may be used to carry out this section.’’.

SEC.

159.
For an additional amount for ‘‘Consoli- dated Rail Infrastructure and Safety Improvements’’, $25,000,000, to remain available until expended, for projects selected in response to the Notice of Funding Op- portunity published by the Federal Railroad Administra- tion 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 eli- gible for funds made available under this heading in this section shall provide sufficient written justification de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1672 scribing, at a minimum, the current project cost estimate, why the project cannot be completed with the obligated grant amount, and any other relevant information, as de- termined by the Secretary: Provided further, That funds made available under this section shall be allocated to projects eligible to receive funding under this section in order of the date the grants were obligated: Provided fur- ther, 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 fur- ther, That the Federal Railroad Administration shall pro- vide 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 sub- 19 mitted.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1673 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 ac- count, 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 pro- grams 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 Invest- ment and Jobs Act, section 20005(b) of Public Law 112– 141, and section 3006(b) of the Fixing America’s Surface Transportation Act, shall not exceed total obligations of $13,634,000,000 in fiscal year 2023.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1674 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 initia- tive 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 com- munities under section 71103 of division G of Public Law 117–58, $541,959,324, to remain available until ex- pended: Provided, That of the sums provided under this heading in this Act— (1) $90,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $50,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Provided, That the minimum grant award shall be not less than $750,000; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1675 (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 fer- ries using electric battery or fuel cell components and the infrastructure to support such ferries; (4) $2,000,000 shall be available for the oper- ation and maintenance of the bus testing facilities selected under section 5318 of such title; (5) $360,459,324 shall be available for the pur- poses, and in amounts, specified for Community Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/ Congressionally Directed Spending’’ included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That unless otherwise specified, ap- plicable 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1676 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, notwith- standing section 71103(a)(2)(B), eligible service shall include passenger ferry service that serves at least two rural areas with a single segment over 20 miles between the two rural areas and is not other- wise 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 paragraph for public transportation capital projects to support any ferry service between two rural areas: Provided further, That entities eligible for amounts made available in this paragraph shall only provide ferry service to rural areas; (7) $1,000,000 shall be available for the dem- onstration and deployment of innovative mobility so- lutions as authorized under section 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants or coopera- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1677 tive agreements for the development of software to facilitate the provision of demand-response public transportation service that dispatches public trans- portation fleet vehicles through riders mobile devices or other advanced means: Provided further, That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies; (8) $1,000,000 shall be for the accelerating in- novative mobility initiative as authorized under sec- tion 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants to improve mobility and enhance the rider ex- perience with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions in order to help dis- seminate proven innovation mobility practices throughout the public transportation industry; and (9) $5,000,000 shall be available to support technical assistance, research, demonstration, or de- ployment 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1678 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 avail- able until September 30, 2024: Provided, That the assist- ance 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 fur- ther, That amounts made available under this heading shall not be subject to any limitation on obligations set forth in this or any other Act.
CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America’s Surface Transportation Act (Public Law 114– 94), $2,210,000,000, to remain available until expended: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1679 Provided, That of the sums appropriated under this head- ing in this Act— (1) $1,772,900,000 shall be available for projects authorized under section 5309(d) of title 49, United States Code; (2) $100,000,000 shall be available for projects authorized under section 5309(e) of title 49, United States Code; (3) $215,000,000 shall be available for projects authorized under section 5309(h) of title 49, United States Code; and (4) $100,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America’s Surface Transportation Act: Provided further, That the Secretary shall continue to ad- minister the capital investment grants program in accord- ance with the procedural and substantive requirements of section 5309 of title 49, United States Code, and of sec- tion 3005(b) of the Fixing America’s Surface Transpor- tation 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1680 Code, without further evaluation or rating under such sec- tion: 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 divi- sion B of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432), $150,000,000, to re- main available until expended: Provided, That the Sec- retary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Wash- ington Metropolitan Area Transit Authority only after re- ceiving and reviewing a request for each specific project: Provided further, That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving such grants.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1681 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSIONS) SEC.

160.

The limitations on obligations for the pro- grams 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 recov- eries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided.

SEC.

162.
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.

22 23 24 SEC.

163.
22 23 24 SEC.

163.

None of the funds made available by this Act or any other Act shall be used to adjust apportion- ments or withhold funds from apportionments pursuant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1682 to section 9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C.

9503(e)(4)).

SEC.

164.


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

SEC.

165.
For an additional amount for ‘‘Department of Transportation—Federal Transit Administration— Capital Investment Grants’’, $425,000,000, to remain available until expended, for allocation to recipients with existing full funding grant agreements under sections 5309(d) and 5309(e) of title 49, United States Code: Pro- vided, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1683 signed a full funding grant agreement between Jan- uary 20, 2017 and January 20, 2021; and (3) that have expended at least 75 percent of the allocations received under paragraph (4) of sec- tion 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 alloca- tions 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 Ap- propriations Act, 2021 (division M of Public Law 116–260), or the American Rescue Plan Act of 2021 (Public Law 117–2): Provided further, That recipients with projects open for revenue service shall not be eligible to receive an allocation of funding under this section: Provided further, That amounts shall be provided to recipients proportionally based on the non-capital investment grant share of the project: Provided further, That no project may receive an allocation of more than 15 percent of the total amount in this section: Provided further, That the Secretary shall proportionally distribute funds in excess of such 15 per- cent to recipients for which the percent of funds does not exceed 15 percent: Provided further, That amounts allo- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1684 cated pursuant to this section shall be provided to eligible recipients notwithstanding the limitation of any calcula- tion 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 Administration shall allocate amounts under this section no later than 30 days after the date of enactment of this Act.

SEC.

166.
(a) The remaining unobligated balances, as of September 30, 2023, from amounts made available to the Department of Transportation in section 422 under title IV of division L of the Consolidated Appropriations Act, 2022 (Public Law 117–103) are hereby rescinded, and an amount of additional new budget authority equiva- lent 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 origi- nally provided in the Consolidated Appropriations Act, 21 2019 (Public Law 116–6).
22 23 24 25 (b) The remaining unobligated balances, as of Sep- tember 30, 2023, from amounts made available to the De- partment of Transportation under the heading ‘‘Federal Transit Administration—Capital Investment Grants’’ in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1685 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 Sep- tember 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 Infra- structure 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 infra- structure and enhance existing facilities in order to expand component testing capability, in accordance with the in- dustry stakeholder testing objectives and capabilities as outlined through the work of the Federal Transit Adminis- tration Transit Vehicle Innovation and Deployment Cen- ters program and included in the Center for Transpor- tation and the Environment report submitted to the Fed- eral Transit Administration for review.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1686 GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expendi- tures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in car- rying 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 por- tions of the St. Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway De- velopment 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 avail- able under this heading, not less than $14,800,000 shall be for the seaway infrastructure program.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1687 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 secu- rity needs of the United States, $318,000,000, to remain available until expended: Provided, That of the unobli- gated balances from prior year appropriations available under this heading, $55,000,000 are hereby permanently 11 rescinded.
CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 of title 46, United States Code, $10,000,000, to remain available until expended.

TANKER SECURITY PROGRAM For Tanker Security Fleet payments, as authorized under section 53406 of title 46, United States Code, $60,000,000, to remain available until expended.
OPERATIONS AND TRAINING For necessary expenses of operations and training ac- tivities authorized by law, $213,181,000: Provided, That of the sums appropriated under this heading— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1688 (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 ex- pended, for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $31,921,000 shall remain available until ex- pended, for capital improvements at the United States Merchant Marine Academy; (4) $6,000,000 shall remain available until Sep- tember 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 ex- pended, for the America’s Marine Highway Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further, That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Mer- chant Marine Academy as required pursuant to section 3510 of the National Defense Authorization Act for fiscal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1689 year 2017 (46 U.S.C.

51318): Provided further, That available balances under this heading for the Short Sea Transportation Program (now known as the America’s Marine Highway Program) from prior year recoveries shall be available to carry out activities authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code.
STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and 10 training activities for State Maritime Academies, 11 $120,700,000: Provided, That of the sums appropriated 12 under this heading— (1) $30,500,000 shall remain available until ex- pended, for maintenance, repair, life extension, in- surance, and capacity improvement of National De- fense Reserve Fleet training ships, and for support of training ship operations at the State Maritime Academies, of which not more than $8,000,000 shall be for expenses related to training mariners, and for costs associated with training vessel sharing pursu- ant to section 51504(g)(3) of title 46, United States Code, for costs associated with mobilizing, operating and demobilizing the vessel; travel costs for stu- dents, faculty and crew; and the costs of the general agent, crew costs, fuel, insurance, operational fees, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1690 and vessel hire costs, as determined by the Sec- retary; (2) $75,000,000 shall remain available until ex- pended, for the National Security Multi-Mission Ves- sel Program, including funds for construction, plan- ning, administration, and design of school ships and, as determined by the Secretary, necessary expenses to design, plan, construct infrastructure, and pur- chase equipment necessary to berth such ships; (3) $2,400,000 shall remain available until Sep- tember 30, 2027, for the Student Incentive Pro- gram; (4) $6,800,000 shall remain available until ex- pended, for training ship fuel assistance; and (5) $6,000,000 shall remain available until Sep- tember 30, 2024, for direct payments for State Mar- itime Academies: Provided further, That the Administrator of the Maritime Administration may use the funds made available under paragraph (2) and the funds provided for shoreside infra- structure 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 enact- ment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1691 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 ob- solete vessels in the National Defense Reserve Fleet of the Maritime Administration, $6,000,000, to remain available until expended: Provided, That of the unobligated balances from prior year appropriations made available under this heading, $12,000,000 are hereby permanently rescinded.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For administrative expenses to carry out the guaran- teed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for ‘‘Maritime Ad- ministration—Operations and Training’’.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as author- ized under section 54301 of title 46, United States Code, $212,203,512, to remain available until expended: Pro- vided, That projects eligible for amounts made available under this heading in this Act shall be projects for coastal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1692 seaports, inland river ports, or Great Lakes ports: Pro- vided 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 fur- ther, 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 fur- ther, That for amounts made available under this heading 12 in this Act, the requirement under section 13 14 54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to projects located in noncontiguous States or 15 territories.
ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION SEC.

170.
Notwithstanding any other provision of this Act, in addition to any existing authority, the Mari- time 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 cred- ited to the appropriation charged with the cost thereof and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1693 shall remain available until expended: Provided further, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be deposited into the Treasury as miscella- neous receipts.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $29,936,000, of which $4,500,000 shall remain available until September 30, 2025.
HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $70,743,000, of which $12,070,000 shall remain available until September 30, 2025, of which $1,000,000 shall be made available for car- rying out section 5107(i) of title 49, United States Code: Provided, That up to $800,000 in fees collected under sec- tion 5108(g) of title 49, United States Code, shall be de- posited 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1694 authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 (Public Law 101–380), $190,385,000, to remain available until September 30, 2025, of which $29,000,000 shall be de- rived 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1695 made available under this heading shall be for the One- Call State grant program: Provided further, That any amounts made available under this heading in this Act or in prior Acts for research contracts, grants, cooperative agreements or research other transactions agreements (‘‘OTAs’’) shall require written notification to the House and Senate Committees on Appropriations not less than 3 full business days before such research contracts, grants, cooperative agreements, or research OTAs are announced by the Department of Transportation: Provided further, That the Secretary shall transmit to the House and Sen- ate Committees on Appropriations the report on pipeline safety testing enhancement as required pursuant to sec- tion 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 en- gineer, erect, alter, and repair buildings or make any other public improvements for research facilities at the Trans- portation Technology Center after the Secretary submits an updated research plan and the report in the preceding proviso to the House and Senate Committees on Appro- priations and after such plan and report in the preceding proviso are approved by the House and Senate Commit- 25 tees on Appropriations.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1696 EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain available until September 30, 2025, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided, That notwithstanding sec- tion 5116(h)(4) of title 49, United States Code, not more than 4 percent of the amounts made available from this account shall be available to pay the administrative costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United States Code: Provided further, That notwithstanding subsections (b) and (c) of section 5128 of title 49, United States Code, and the limitation on obli- gations provided under this heading, prior year recoveries recognized in the current year shall be available to develop and deliver hazardous materials emergency response train- ing for emergency responders, including response activities for the transportation of crude oil, ethanol, flammable liq- uids, and other hazardous commodities by rail, consistent with National Fire Protection Association standards, and to make such training available through an electronic for- mat: Provided further, That the prior year recoveries made December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1697 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 Gen- eral Act of 1978, as amended, $108,073,000: Provided, That the Inspector General shall have all necessary au- thority, in carrying out the duties specified in the Inspec- tor General Act, as amended (5 U.S.C.

App.

), to inves- tigate 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 Trans- portation.

16 GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION SEC.

180.
180.

(a) During the current fiscal year, applica- ble appropriations to the Department of Transportation shall be available for maintenance and operation of air- craft; hire of passenger motor vehicles and aircraft; pur- chase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1698 (b) During the current fiscal year, applicable appro- priations to the Department and its operating administra- tions shall be available for the purchase, maintenance, op- eration, and deployment of unmanned aircraft systems that advance the missions of the Department of Transpor- tation or an operating administration of the Department of Transportation.
(c) Any unmanned aircraft system purchased, pro- cured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for.

SEC.

181.
SEC.

181.

Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level 18 IV.

19 SEC.

182.
SEC.

182.

(a) No recipient of amounts made available by this Act shall disseminate personal information (as de- fined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in con- nection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as pro- vided in section 2721 of title 18, United States Code, for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1699 a use permitted under section 2721 of title 18, United States Code.

(b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provi- sion.

SEC.

183.
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 De- partment of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transpor- tation.

14 SEC.

184.
Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Adminis- tration’s ‘‘Federal-Aid Highways’’ account and to the Fed- eral Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors partici- pating in training pursuant to section 20105 of title 49, 23 United States Code.
24 25 SEC.

185.

None of the funds made available by this Act or in title VIII of division J of Public Law 117–58 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1700 to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, fed- erally funded cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discre- tionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by the Department or its operating administrations: Provided, That the Secretary of Transportation shall provide the House and Senate Com- mittees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of in- tent, federally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso: Pro- vided further, That the Secretary gives concurrent notifi- cation to the House and Senate Committees on Appropria- tions for any ‘‘quick release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available for obligation.
SEC.

186.

Rebates, refunds, incentive payments, minor fees, and other funds received by the Department December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1701 of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropria- tions 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 reprogramming action that requires notice to be provided to the House and Senate Committees on Ap- propriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Commit- tees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Sen- ate Committees on Appropriations: Provided, That the Secretary of Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogram- ming but not sooner than 30 days after the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations.
SEC.

188.

Funds appropriated by this Act to the op- erating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reim- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1702 bursable 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 author- ized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media.

SEC.

190.
The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring pref- erence not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a re- cipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and abil- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1703 ity to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appro- priate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, train- ing, or delays resulting from the use of such hiring preference does not delay or displace any transpor- tation project in the applicable Statewide Transpor- tation Improvement Program or Transportation Im- provement Program.
SEC.

191.

The Secretary of Transportation shall co- ordinate with the Secretary of Homeland Security to en- sure 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 pro- cured using such practices.

20 21 This title may be cited as the ‘‘Department of Trans- portation Appropriations Act, 2023’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1704 TITLE II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MANAGEMENT AND ADMINISTRATION EXECUTIVE OFFICES For necessary salaries and expenses for Executive Of- fices, which shall be comprised of the offices of the Sec- retary, Deputy Secretary, Adjudicatory Services, Congres- sional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $18,500,000, to remain available until September 30, 2024: Provided, That not to exceed $25,000 of the amount made available under this heading shall be available to the Secretary of Housing and Urban Development (referred to in this title as ‘‘the Secretary’’) for official reception and representation expenses as the Secretary may deter- mine.
ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administra- tive Support Offices, $659,600,000, to remain available until September 30, 2024: Provided, That of the sums ap- propriated under this heading— (1) $90,000,000 shall be available for the Office of the Chief Financial Officer; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1705 (2) $125,000,000 shall be available for the Of- fice of the General Counsel, of which not less than $20,300,000 shall be for the Departmental Enforce- ment Center; (3) $225,000,000 shall be available for the Of- fice of Administration, of which not less than $3,500,000 may be for modernization and deferred maintenance of the Weaver Building; (4) $51,500,000 shall be available for the Office of the Chief Human Capital Officer; (5) $28,000,000 shall be available for the Office of the Chief Procurement Officer; (6) $65,500,000 shall be available for the Office of Field Policy and Management; (7) $4,600,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $70,000,000 shall be available for the Office of the Chief Information Officer: Provided further, That funds made available under this heading may be used for necessary administrative and non-administrative expenses of the Department, not other- wise provided for, including purchase of uniforms, or al- lowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; hire of passenger December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1706 motor vehicles; and services as authorized by section 3109 of title 5, United States Code: Provided further, That not- withstanding any other provision of law, funds appro- priated under this heading may be used for advertising and promotional activities that directly support program activities funded in this title: Provided further, That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided fur- ther, That the Secretary shall provide in electronic form all signed reports required by Congress.
PROGRAM OFFICES For necessary salaries and expenses for Program Of- fices, $1,054,300,000, to remain available until September 30, 2024: Provided, That of the sums appropriated under this heading— (1) $278,200,000 shall be available for the Of- fice of Public and Indian Housing; (2) $163,400,000 shall be available for the Of- fice of Community Planning and Development; (3) $465,000,000 shall be available for the Of- fice 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1707 (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 para- graph 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 Depart- ment, and for any such portion of any office or agency’s printing, records management, space renovation, fur- niture, 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 specifi- cally 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1708 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup- port Offices’’, ‘‘Program Offices’’, and ‘‘Government Na- tional Mortgage Association’’, for such services shall be transferred to the Fund, to remain available until ex- pended: Provided further, That the Secretary shall notify the House and Senate Committees on Appropriations of its plans for executing such transfers at least 15 days in advance of such transfers.
PUBLIC AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of ten- ant-based rental assistance authorized under the United States Housing Act of 1937, as amended (42 U.S.C.

1437 et seq.)
(in this title ‘‘the Act’’), not otherwise provided for, $23,599,532,000, to remain available until expended, which shall be available on October 1, 2022 (in addition to the $4,000,000,000 previously appropriated under this heading that shall be available on October 1, 2022), and $4,000,000,000, to remain available until expended, which shall be available on October 1, 2023: Provided, That of the sums appropriated under this heading— (1) $23,748,420,000 shall be available for re- newals of expiring section 8 tenant-based annual contributions contracts (including renewals of en- hanced vouchers under any provision of law author- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1709 izing such assistance under section 8(t) of the Act) and including renewal of other special purpose incre- mental vouchers: Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Sec- retary for the calendar year 2023 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management sys- tem (VMS) leasing and cost data for the prior cal- endar year and by applying an inflation factor as es- tablished 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 in- cluding 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 ex- ceeds a public housing agency’s authorized level of units under contract, except for public housing agen- cies participating in the Moving to Work (MTW) demonstration, which are instead governed in ac- cordance with the requirements of the MTW dem- onstration program or their MTW agreements, if any: Provided further, That the Secretary shall, to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1710 the extent necessary to stay within the amount spec- ified under this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency’s allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following provisos, the en- tire 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 notifica- tion period with the prior written approval of the House and Senate Committees on Appropriations: Provided further, That public housing agencies par- ticipating in the MTW demonstration shall be fund- ed 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 ad- justments under the preceding provisos: Provided further, That the Secretary may offset public hous- ing agencies’ calendar year 2023 allocations based on the excess amounts of public housing agencies’ December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1711 net restricted assets accounts, including HUD-held programmatic reserves (in accordance with VMS data in calendar year 2022 that is verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in the MTW demonstration shall also be subject to the offset, as determined by the Secretary, excluding amounts subject to the single fund budget authority provisions of their MTW agreements, from the agen- cies’ calendar year 2023 MTW funding allocation: Provided further, That the Secretary shall use any offset referred to in the preceding two provisos throughout the calendar year to prevent the termi- nation of rental assistance for families as the result of insufficient funding, as determined by the Sec- retary, and to avoid or reduce the proration of re- newal 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 ex- perienced 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1712 (B) for vouchers that were not in use dur- ing the previous 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act, or an adjustment for a funding obligation not yet expended in the previous calendar year for a MTW-eligible ac- tivity to develop affordable housing for an agen- cy added to the MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and Urban Devel- opment, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113); (C) for adjustments for costs associated with HUD–Veterans Affairs Supportive Hous- ing (HUD–VASH) vouchers; (D) for public housing agencies that de- spite taking reasonable cost savings measures, as determined by the Secretary, would other- wise 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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1713 (ii) have low amounts of budget au- thority in their net restricted assets ac- counts and HUD-held programmatic re- serves, relative to other agencies, and (iii) are not participating in the Mov- ing 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 dis- aster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 et seq.

): Provided further, That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary; (2) $337,000,000 shall be available for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1714 pursuant to section 18 of the Act, conversion of sec- tion 23 projects to assistance under section 8, relo- cation 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, en- hanced vouchers under any provision of law author- izing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and vol- untary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displace- ment of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569, as amended, or under the authority as provided under this Act: Provided, That when a pub- lic housing development is submitted for demolition or disposition under section 18 of the Act, the Sec- retary 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 as- sisted under a project-based subsidy contract funded December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1715 under the ‘‘Project-Based Rental Assistance’’ head- ing 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 para- graph, no less than $5,000,000 may be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in low vacancy areas and who may have to pay rents greater than 30 percent of household income, as the result of: (A) the maturity of a HUD-insured, HUD- held or section 202 loan that requires the permission of the Secretary prior to loan prepayment; (B) the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (C) the expiration of affordability restrictions accom- panying a mortgage or preservation program admin- istered by the Secretary: Provided further, That such tenant protection assistance made available under the preceding proviso may be provided under the au- thority 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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1716 except the replacement vouchers as defined by the Secretary by notice, when the initial family that re- ceived 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 pro- vide replacement vouchers for units that were occu- pied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds; (3) $2,777,612,000 shall be available for ad- ministrative 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 al- locate to public housing agencies that need addi- tional funds to administer their section 8 programs, including fees associated with section 8 tenant pro- tection rental assistance, the administration of dis- aster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Pro- vided, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1717 (and related Appropriation Act provisions) as in ef- fect immediately before the enactment of the Quality Housing and Work Responsibility Act of 1998 (Pub- lic 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 per- centage applicable to all agencies receiving funding under this paragraph or may, to the extent nec- essary to provide full payment of amounts deter- mined under the preceding proviso, utilize unobli- gated balances, including recaptures and carryover, remaining from funds appropriated to the Depart- ment 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 partici- pating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same uniform per- centage decrease as under the preceding proviso: Provided further, That amounts provided under this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1718 paragraph shall be only for activities related to the provision of tenant-based rental assistance author- ized under section 8, including related development activities; (4) $606,500,000 shall be available for the re- newal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Af- fordable Housing Act (42 U.S.C.
8013), including necessary administrative expenses: Provided, That administrative and other expenses of public housing agencies in administering the special purpose vouch- ers in this paragraph shall be funded under the same terms and be subject to the same pro rata re- duction 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 deter- mined by the Secretary, in Mainstream renewal costs resulting from unforeseen circumstances; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1719 (B) for public housing agencies that de- spite taking reasonable cost savings measures, as determined by the Secretary, would other- wise be required to terminate the rental assist- ance for Mainstream families as a result of in- sufficient funding: Provided further, That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary: Provided further, That upon turnover, section 811 special purpose vouchers funded under this heading in this or prior Acts, or under any other heading in prior Acts, shall be provided to non-elderly persons with disabilities; (5) Of the amounts provided under paragraph (1), up to $7,500,000 shall be available for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American vet- erans 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 assist- ance 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1720 ported by grant recipients: Provided further, That such assistance shall be administered in accordance with program requirements under the Native Amer- ican Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH pro- gram: Provided further, That the Secretary shall be authorized to waive, or specify alternative require- ments for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this para- graph (except for requirements related to fair hous- ing, nondiscrimination, labor standards, and the en- vironment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administra- tion of such assistance: Provided further, That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary: Provided further, That the Secretary may reallocate, as determined by the Secretary, amounts returned or recaptured from awards under the Tribal HUD–VASH program under prior Acts to existing recipients under the Tribal HUD–VASH program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1721 (6) $50,000,000 shall be available for incre- mental rental voucher assistance for use through a supported housing program administered in conjunc- tion with the Department of Veterans Affairs as au- thorized 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 (com- petition provision) of this title, to public housing agencies that partner with eligible VA Medical Cen- ters or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Af- fairs, public housing agency administrative perform- ance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further, That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Develop- ment administers in connection with the use of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1722 funds made available under this paragraph (except for requirements related to fair housing, non- discrimination, labor standards, and the environ- ment), upon a finding by the Secretary that any such waivers or alternative requirements are nec- essary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over: Provided further, That of the total amount made available under this paragraph, up to $10,000,000 may be for additional fees established by and allocated pursuant to a method determined by the Secretary for administrative and other ex- penses (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 fam- ily unification program as authorized under section 8(x) of the Act: Provided, That the amounts made available under this paragraph are provided as fol- lows: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1723 (A) $5,000,000 shall be available for new incremental voucher assistance: Provided, That the assistance made available under this sub- paragraph 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 avail- able 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 subpara- graph, up to $15,000,000 shall be available on a noncompetitive basis to public housing agen- cies that partner with public child welfare agen- cies to identify such eligible youth, that request such assistance to timely assist such eligible youth, and that meet any other criteria as spec- ified by the Secretary: Provided further, That the Secretary shall review utilization of the as- sistance 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1724 the Secretary and reallocated pursuant to the preceding proviso: Provided further, That for any public housing agency administering voucher assistance appropriated in a prior Act under the family unification program, or made available and competitively selected under this paragraph, that determines that it no longer has an identified need for such assistance upon turnover, such agency shall notify the Secretary, and the Sec- retary shall recapture such assistance from the agen- cy and reallocate it to any other public housing agency or agencies based on need for voucher assist- ance in connection with such specified program or eligible youth, as applicable; (8) $50,000,000 shall be available for new in- cremental voucher assistance under section 8(o) of the Act to be allocated pursuant to a method, as de- termined by the Secretary, which may include a for- mula that may include such factors as severe cost burden, overcrowding, substandard housing for very low-income renters, homelessness, and administrative capacity, where such allocation method shall include both rural and urban areas: Provided, That the Sec- retary may specify additional terms and conditions to ensure that public housing agencies provide December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1725 vouchers for use by survivors of domestic violence, or individuals and families who are homeless, as de- fined 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 spe- cial purpose vouchers funded under this heading.
HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and car- ryover, remaining from funds appropriated to the Depart- ment of Housing and Urban Development under this heading, the heading ‘‘Annual Contributions for Assisted Housing’’ and the heading ‘‘Project-Based Rental Assist- ance’’, for fiscal year 2023 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administra- tors, notwithstanding the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1974 and prior fiscal years that have been terminated shall be rescinded: Pro- vided further, That amounts heretofore recaptured, or re- captured during the current fiscal year, from section 8 project-based contracts from source years fiscal year 1975 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1726 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 author- ized 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 ap- propriated 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 Fed- eral Regulations, for 2023 payments; (2) $25,000,000 shall be available for the Sec- retary to allocate pursuant to a need-based applica- tion process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1727 Secretary: Provided, That after all such shortfall needs are met, the Secretary may distribute any re- maining funds to all public housing agencies on a pro-rata basis pursuant to such Operating Fund for- mula; (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 Fed- eral Regulations: Provided, That for funds provided under this paragraph, the limitation in section 9(g)(1) of the Act shall be 25 percent: Provided fur- ther, That the Secretary may waive the limitation in the preceding proviso to allow public housing agen- cies to fund activities authorized under section 9(e)(1)(C) of the Act: Provided further, That the Secretary shall notify public housing agencies re- questing waivers under the preceding proviso if the request is approved or denied within 14 days of sub- mitting the request: Provided further, That from the funds made available under this paragraph, the Sec- retary shall provide bonus awards in fiscal year 2023 to public housing agencies that are designated high performers: Provided further, That the Depart- ment shall notify public housing agencies of their December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1728 formula allocation within 60 days of enactment of this Act; (4) $50,000,000 shall be available for the Sec- retary to make grants, notwithstanding section 203 of this title, to public housing agencies for emer- gency capital needs, including safety and security measures necessary to address crime and drug-re- lated activity, as well as needs resulting from unfore- seen or unpreventable emergencies and natural dis- asters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C.
5121 et seq.)
occurring in fiscal year 2023, of which $20,000,000 shall be available for public housing agencies under administrative and judicial receiver- ships 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 pro- viso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2024, for emer- gency capital needs have been processed, shall be al- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1729 located to public housing agencies for such safety and security measures; (5) $65,000,000 shall be available for competi- tive grants to public housing agencies to evaluate and reduce residential health hazards in public hous- ing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and in- terim 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 pro- vided 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 consid- ered 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 regula- tions implementing such section: Provided further, That amounts made available under this paragraph shall be combined with amounts made available under the sixth paragraph under this heading in the Consolidated Appropriations Act, 2021 (Public Law December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1730 116–260) and shall be used in accordance with the purposes and requirements under this paragraph; (6) $15,000,000 shall be available to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs asso- ciated with public housing asset improvement, in ad- dition 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 assess- ment activities: Provided further, That notwithstanding any other provi- sion of law or regulation, during fiscal year 2023, the Sec- retary of Housing and Urban Development may not dele- gate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and In- dian Housing any authority under paragraph (2) of sec- tion 9(j) of the Act regarding the extension of the time periods under such section: Provided further, That for pur- poses 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1731 CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighbor- hoods Initiative (subject to section 24 of the United States Housing Act of 1937 (42 U.S.C.
1437v) unless otherwise specified under this heading), for transformation, rehabili- tation, and replacement housing needs of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable, mixed-income neigh- borhoods with appropriate services, schools, public assets, transportation, and access to jobs, $350,000,000, to re- main available until September 30, 2027: Provided, That grant funds may be used for resident and community serv- ices, community development, and affordable housing needs in the community, and for conversion of vacant or foreclosed properties to affordable housing: Provided fur- ther, That not more than 20 percent of the amount of any grant made with amounts made available under this head- ing 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, not- withstanding section 3(b)(1) of such Act: Provided further, That grantees shall commit to an additional period of af- fordability determined by the Secretary of not fewer than 20 years: Provided further, That grantees shall provide a December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1732 match in State, local, other Federal, or private funds: Pro- vided further, That grantees may include local govern- ments, Tribal entities, public housing agencies, and non- profit organizations: Provided further, That for-profit de- velopers 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: Pro- vided further, That of the amounts made available under this heading, not less than $175,000,000 shall be awarded to public housing agencies: Provided further, That such grantees shall create partnerships with other local organi- zations, including assisted housing owners, service agen- cies, and resident organizations: Provided further, That the Secretary shall consult with the Secretaries of Edu- cation, Labor, Transportation, Health and Human Serv- ices, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Fed- eral 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 com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1733 prehensive local planning with input from residents and the community: Provided further, That unobligated bal- ances, including recaptures, remaining from amounts made available under the heading ‘‘Revitalization of Se- verely 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 un- obligated balances made available under this heading in 16 this or any prior Act.
17 18 19 20 SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Suffi- ciency Programs, to remain available until September 30, 2026, $175,000,000: Provided, That of the sums appro- 21 priated under this heading— 22 23 24 25 (1) $125,000,000 shall be available for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 (42 U.S.C.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1734 1437u), to promote the development of local strate- gies to coordinate the use of assistance under sec- tions 8 and 9 of such Act with public and private resources, and enable eligible families to achieve eco- nomic independence and self-sufficiency; (2) $35,000,000 shall be available for the Resi- dent Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4101 et seq.
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 As- sistance Demonstration’’ in the Department of Housing and Urban Development Appropriations December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1735 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 dem- onstration: Provided, That funding provided under this paragraph shall be available for competitive grants to partnerships between public housing au- thorities, local workforce investment boards estab- lished under section 107 of the Workforce Innova- tion and Opportunity Act of 2014 (29 U.S.C.
3122), and other agencies and organizations that provide support to help public housing residents obtain em- ployment and increase earnings: Provided further, That applicants must demonstrate the ability to pro- vide services to residents, partner with workforce in- vestment boards, and leverage service dollars: Pro- vided further, That the Secretary may allow public housing agencies to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing Act of 1937 (42 U.S.C.
1437a, 1437d), as necessary to implement the Jobs-Plus program, on such terms and condi- tions as the Secretary may approve upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective imple- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1736 mentation of the Jobs-Plus Initiative as a voluntary program for residents: Provided further, That the Secretary shall publish by notice in the Federal Reg- ister any waivers or alternative requirements pursu- ant 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- 11 Determination Act of 1996 (in this heading ‘‘NAHASDA’’) (25 U.S.C.

4111 et seq.

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

5301 et seq.)
with respect to Indian tribes, and related training and technical assistance, $1,020,000,000, to remain available until September 30, 2027: Provided, That of the sums appropriated under this heading— (1) $787,000,000 shall be available for the Na- tive 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 for- mula under section 302 of such Act with the need component based on single-race census data and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1737 with the need component based on multi-race census data, and the amount of the allocation for each In- dian tribe shall be the greater of the two resulting allocation amounts: Provided further, That the Sec- retary shall notify grantees of their formula alloca- tion not later than 60 days after the date of enact- ment of this Act; (2) $150,000,000 shall be available for competi- tive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, That the Secretary shall obli- gate 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 Sec- retary shall consider need and administrative capac- ity, and shall give priority to projects that will spur construction and rehabilitation of housing: Provided further, That a grant funded pursuant to this para- graph shall be in an amount not greater than $7,500,000: Provided further, That any amounts transferred for the necessary costs of administering and overseeing the obligation and expenditure of such additional amounts in prior Acts may also be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1738 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 author- ized 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 avail- able in this and prior Acts for the cost of such guar- anteed notes and other obligations that are unobli- gated, including recaptures and carryover, shall be available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $50,000,000, to remain available until September 30, 2024: Provided further, That any remaining loan guarantee limita- tion authorized for this program in fiscal year 2020 or prior fiscal years is hereby rescinded; (4) $75,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1739 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 man- agement development and administration; and (5) $7,000,000, in addition to amounts other- wise available for such purpose, shall be available for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally des- ignated 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 head- ings in this Act for the needs of Native American families and Indian country: Provided, That of the amounts made available in this paragraph, not less than $2,000,000 shall be for a national organization as authorized under section 703 of NAHASDA (25 U.S.C.
4212): Provided further, That amounts made available in this paragraph may be used, contracted, or competed as determined by the Secretary: Pro- vided further, That notwithstanding chapter 63 of title 31, United States Code (commonly known as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1740 the Federal Grant and Cooperative Agreements Act of 1977), the amounts made available in this para- graph may be used by the Secretary to enter into co- operative agreements with public and private organi- zations, agencies, institutions, and other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.

4116), the administration of the allocation formula under section 302 of NAHASDA (25 U.S.C.
4152), and the administra- tion of performance tracking and reporting under section 407 of NAHASDA (25 U.S.C.

4167).

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT (INCLUDING RESCISSION) For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z–13a), $5,521,000, to re- main available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as de- fined 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 guar- anteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1741 1715z–13a), that are unobligated, including recaptures and carryover, shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,400,000,000, to remain available until Sep- tember 30, 2024: Provided further, That any remaining loan guarantee limitation authorized under this heading in fiscal year 2020 or prior fiscal years is hereby re- scinded: 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 pro- gram, as authorized under title VIII of the Native Amer- ican Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4221 et seq.
), $22,300,000, to remain available until September 30, 2027: Provided, That not- withstanding section 812(b) of such Act, the Department of Hawaiian Home Lands may not invest grant amounts made available under this heading in investment securities and other obligations: Provided further, That amounts made available under this heading in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the Hawaiian Home Lands, notwithstanding any other provision of law: Provided further, That up to $1,000,000 of the amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1742 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 Hawai- ian 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 Develop- ment Act of 1992 (12 U.S.C.
1715z–13b), any part of which is to be guaranteed, shall not exceed $28,000,000 in total loan principal, to remain available until September 30, 2024: Provided, That the Secretary may enter into commitments to guarantee loans used for refinancing.

COMMUNITY PLANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Per- sons with AIDS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.

12901 et seq.
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) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1743 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 con- tracts under such section: Provided further, That the proc- ess for submitting amendments and approving replace- ment 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 en- actment of this Act.
COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and commu- nity development activities, and other purposes, $6,397,285,641, to remain available until September 30, 2026: Provided, That of the sums appropriated under this 16 heading— (1) $3,300,000,000 shall be available for car- rying out the community development block grant program under title I of the Housing and Commu- nity 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 man- agement development and administration: Provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1744 further, That a metropolitan city, urban county, unit of general local government, or insular area that di- rectly 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 Sec- retary to award grants on a competitive basis to State and local governments, metropolitan planning organizations, and multijurisdictional entities for ad- ditional 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 fur- ther develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate af- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1745 fordable housing production and preservation: Pro- vided further, That the Secretary shall prioritize ap- plicants that are able to (A) demonstrate progress and a commitment to overcoming local barriers to facilitate the increase in affordable housing produc- tion and preservation; and (B) demonstrate an acute demand for housing affordable to households with incomes below 100 percent of the area median in- come: Provided further, That funds allocated for such grants shall not adversely affect the amount of any formula assistance received by a jurisdiction under paragraph (1) of this heading: Provided fur- ther, That in administering such amounts the Sec- retary may waive or specify alternative requirements for any provision of such title I except for require- ments related to fair housing, nondiscrimination, labor standards, the environment, and requirements that activities benefit persons of low- and moderate- income, upon a finding that any such waivers or al- ternative requirements are necessary to expedite or facilitate the use of such amounts; (3) $30,000,000 shall be available for activities authorized under section 8071 of the SUPPORT for Patients and Communities Act (Public Law 115– 271): Provided, That funds allocated pursuant to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1746 this paragraph shall not adversely affect the amount of any formula assistance received by a State under paragraph (1) of this heading: Provided further, That the Secretary shall allocate the funds for such activities based on the notice establishing the fund- ing 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 Pre- vention; 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 Commu- nity Project Funding/Congressionally Directed Spending in the table entitled ‘‘Community Project Funding/Congressionally Directed Spending’’ in- cluded in the explanatory statement described in sec- tion 4 (in the matter preceding division A of this consolidated Act): Provided, That eligible expenses of such grants may include administrative, planning, operations and maintenance, and other costs: Pro- vided further, That such grants for the EDI shall be available for reimbursement of otherwise eligible ex- penses incurred on or after the date of enactment of this Act and prior to the date of grant execution: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1747 Provided further, That none of the amounts made available under this paragraph for grants for the EDI shall be used for reimbursement of expenses in- curred prior to the date of enactment of this Act: Provided further, That grants for the EDI author- ized under this heading in the Department of Hous- ing and Urban Development Appropriations Act, 2022 (Public Law 117–103) shall also be available for reimbursement of otherwise eligible expenses (in- cluding those eligible expenses identified in the first proviso of this paragraph) incurred on or after the date of enactment of such Act and prior to the date of grant execution, and shall not be subject to the second proviso under such heading in such Act: Provided further, That for amounts made available under paragraphs (1) and (3), the Secretary shall notify grantees of their formula allocation within 60 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 (2 U.S.C.

661a), during fiscal year 2023, commitments to guarantee loans under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C.

5308), any part of which is guaranteed, shall not December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1748 exceed a total principal amount of $300,000,000, notwith- standing any aggregate limitation on outstanding obliga- tions guaranteed in subsection (k) of such section 108: Provided, That the Secretary shall collect fees from bor- rowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaran- teeing 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 commit- ment authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obliga- tions issued by any State on behalf of non-entitlement communities in the State in accordance with the require- ments of such section 108: Provided further, That any State receiving such a guarantee or commitment under the preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non- entitlement areas that received the commitment.
HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez Na- tional Affordable Housing Act, as amended (42 U.S.C.

12721 et seq.

), $1,500,000,000, to remain available until September 30, 2026: Provided, That notwithstanding sec- tion 231(b) of such Act (42 U.S.C.

12771(b)), all unobli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1749 gated balances remaining from amounts recaptured pursu- ant to such section that remain available until expended shall be combined with amounts made available under this heading and allocated in accordance with the formula under section 217(b)(1)(A) of such Act (42 U.S.C.
12747(b)(1)(A)): Provided further, That the Department shall notify grantees of their formula allocations within 60 days after enactment of this Act: Provided further, That section 218(g) of such Act (42 U.S.C.

12748(g)) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that other- wise 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 19 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1750 of 1974, as amended (42 U.S.C.

5301 et seq.
), $225,000,000, to remain available until September 30, 2027: Provided, That recipients of grants provided with amounts made available under this heading shall be States, units of general local government, resident-owned manufactured housing communities, cooperatives, non- profit entities including consortia of nonprofit entities, community development financial institutions, Indian Tribes (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C.
4103)), or other entities approved by the Secretary: Provided further, That the Sec- retary may reserve an amount for Indian Tribes within such competition: Provided further, That the Secretary may approve entities for selection that partner with one or several residents of such eligible communities or that propose to implement a grant program that would assist residents of such eligible communities: Provided further, That eligible uses of such grants may include infrastruc- ture, 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 pro- viding assistance for manufactured housing land and site acquisition: Provided further, That, except as determined December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1751 by the Secretary, participation in this program shall not encumber the future transfer of title or use of property by the residents, owners, or communities: Provided further, That when selecting recipients, the Secretary shall prioritize applications that primarily benefit low- or mod- erately low-income residents and preserve long-term hous- ing affordability for residents of manufactured housing or a manufactured housing community: Provided further, That eligible manufactured housing communities may in- 10 clude those that are— (1) owned by the residents of the manufactured housing community through a resident-controlled en- tity, 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 pro- gram for the Secretary to provide grants to assist in the redevelopment of manufactured housing communities (in- cluding pre-1976 mobile homes) as replacement housing that is affordable, as defined by the Secretary: Provided further, That each such redevelopment project shall pro- vide, for each unit of single-family manufactured housing (including pre-1976 mobile homes) replaced under the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1752 project, up to 4 dwelling units of such affordable housing: Provided further, That the Secretary shall define eligible activities for grant assistance under the pilot program, which may include relocation assistance or buy-outs for residents of a manufactured housing community or 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 re- construction, repair, or replacement of manufactured housing and manufactured housing communities to pro- tect the health and safety of manufactured housing resi- dents 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 replace- ment: Provided further, That the Secretary may waive or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of amounts made available under this heading (except for requirements related to fair hous- ing, nondiscrimination, labor standards, and the environ- ment), upon a finding that such waiver or alternative re- quirement is necessary to facilitate the use of such 25 amounts.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1753 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Op- portunity 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 assist- ance, $62,500,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading— (1) $13,500,000 shall be available for the Self- Help Homeownership Opportunity Program as au- thorized under such section 11; (2) $42,000,000 shall be available for the sec- ond, 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 hav- ing experience assessing national rural conditions December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1754 and providing financing, training, technical assist- ance, information, and research to local nonprofit or- ganizations, local governments, and Indian Tribes serving high need rural communities; and (4) $1,000,000 shall be available for a program to rehabilitate and modify the homes of disabled or low-income veterans, as authorized under section 1079 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (38 U.S.C.
2101 note): Provided, That the issuance of a Notice of Funding Oppor- tunity for the amounts made available in this para- graph 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 Solutions Grants program authorized under subtitle B of such title IV (42 U.S.C.

11371 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1755 et seq.
1755 et seq.

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

11381 et seq.)
11381 et seq.)

and the Rural Housing Stability Assistance pro- grams 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 dem- onstrated a capacity to reallocate funding from lower performing projects to higher performing projects: Provided further, That the Secretary shall provide incentives to create projects that coordinate with housing providers and healthcare organizations to provide permanent supportive housing and rapid re- housing services: Provided further, That the Sec- retary may establish by notice an alternative max- imum 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1756 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 pro- viding coordinated entry, and for eligible activities that the Secretary determines to be critical in order to assist survivors of domestic violence, dating vio- lence, sexual assault, or stalking: Provided further, That amounts made available for the Continuum of Care program under this paragraph and any remain- ing unobligated balances under this heading in prior Acts may be used to competitively or non-competi- tively renew or replace grants for youth homeless demonstration projects under the Continuum of Care program, notwithstanding any conflict with the requirements of the Continuum of Care program; (3) $7,000,000 shall be available for the na- tional homeless data analysis project: Provided, That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 (31 U.S.C.
6301–6308), the amounts made available under this paragraph and any remaining unobligated balances December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1757 under this heading for such purposes in prior Acts may be used by the Secretary to enter into coopera- tive agreements with such entities as may be deter- mined by the Secretary, including public and private organizations, agencies, and institutions; (4) $107,000,000 shall be available to imple- ment projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided, That of the amount made available under this paragraph, not less than $25,000,000 shall be for youth homelessness system improvement grants to support communities, includ- ing but not limited to the communities assisted under the matter preceding this proviso, in estab- lishing 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 pre- ceding such proviso, on improving system responses December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1758 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 technical assistance funds provided under this title: Provided further, That the Secretary may use up to 10 percent of the amount made available under the preceding proviso to build the capacity of current technical assistance providers or to train new technical assistance providers with verifiable prior experience with systems and programs for youth experiencing homelessness; and (5) $75,000,000 shall be available for one-time awards under the Continuum of Care program for new construction, acquisition, or rehabilitation of new permanent supportive housing, of which not more than 20 percent of such awards may be used for other Continuum of Care eligible activities asso- ciated with such projects and not more than 10 per- cent of such awards may be used for project admin- istration: Provided, That these amounts shall be awarded on a competitive basis, based on need and other factors to be determined by the Secretary, in- cluding incentives to establish projects that coordi- nate with housing providers, healthcare organiza- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1759 tions and social service providers: Provided further, That not less than $30,000,000 shall be awarded to applicants for projects within States with popu- lations less than 2,500,000, except that if such amount is undersubscribed any remaining amounts may be awarded to qualified applicants for projects in any State: Provided further, That the grants for ongoing costs associated with such projects shall be eligible for renewal under the Continuum of Care program subject to the same terms and conditions as other renewal applicants: Provided further, That youth aged 24 and under seeking assistance under this heading shall not be required to pro- vide third party documentation to establish their eligibility under subsection (a) or (b) of section 103 of the McKin- ney-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 head- ing: 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 head- ing to provide both transitional housing and rapid re-hous- ing: Provided further, That for all matching funds require- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1760 ments applicable to funds made available under this head- ing 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 Fed- eral agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further, That none of the funds made available under this heading shall be available to provide funding for new projects, except for projects created through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and ranked based on the degree to which they improve the con- tinuum of care’s system performance: Provided further, That any unobligated amounts remaining from funds made available under this heading in fiscal year 2012 and prior years for project-based rental assistance for rehabili- tation 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 ap- propriated under this heading in fiscal year 2019 or prior years, except for rental assistance amounts that were re- captured and made available until expended, shall be avail- able for the current purposes authorized under this head- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1761 ing in addition to the purposes for which such funds origi- nally 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 re- main available until expended, shall be available on Octo- ber 1, 2022 (in addition to the $400,000,000 previously appropriated under this heading that became available Oc- tober 1, 2022), and $400,000,000, to remain available until expended, shall be available on October 1, 2023: Pro- vided, That the amounts made available under this head- ing shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to sec- tion 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low In- come Housing Preservation Act of 1987 or the Low-In- come Housing Preservation and Resident Homeownership December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1762 Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this heading: Provided further, That of the total amounts provided under this heading, not to exceed $343,000,000 shall be available for performance-based contract administrators for section 8 project-based assist- ance, for carrying out 42 U.S.C.
1437(f): Provided further, That the Secretary may also use such amounts in the pre- ceding proviso for performance-based contract administra- tors 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 pur- suant to section 101 of the Housing and Urban Develop- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1763 recaptured under this heading, the heading ‘‘Annual Con- tributions 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 perform- ance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated: Pro- vided further, That, notwithstanding any other provision of law, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 8 project-based Housing Assistance Payments contract that authorizes the Department or a housing finance agency to require that surplus project funds be deposited in an interest-bearing residual receipts account and that are in excess of an amount to be deter- mined by the Secretary, shall be remitted to the Depart- ment and deposited in this account, to be available until expended: Provided further, That amounts deposited pur- suant to the preceding proviso shall be available in addi- tion to the amount otherwise provided by this heading for uses authorized under this heading.
HOUSING FOR THE ELDERLY For capital advances, including amendments to cap- ital advance contracts, for housing for the elderly, as au- thorized by section 202 of the Housing Act of 1959 (12 U.S.C.

1701q), for project rental assistance for the elderly December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1764 under section 202(c)(2) of such Act, including amend- ments to contracts for such assistance and renewal of ex- piring 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 serv- ices associated with the housing, $1,075,000,000 to re- main available until September 30, 2026: Provided, That of the amount made available under this heading, up to $120,000,000 shall be for service coordinators and the continuation of existing congregate service grants for resi- dents of assisted housing projects: Provided further, That any funding for existing service coordinators under the preceding proviso shall be provided within 120 days of en- actment of this Act: Provided further, That amounts made available under this heading shall be available for Real Es- tate Assessment Center inspections and inspection-related activities associated with section 202 projects: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Pro- vided further, That upon request of the Secretary, project funds that are held in residual receipts accounts for any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1765 project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026: Provided further, That amounts deposited in this account pursuant to the preceding proviso shall be available, in ad- dition 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 ap- propriated under this heading shall be available for the current purposes authorized under this heading in addi- tion 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 elder- ly caregivers raising children: Provided further, That for the purposes of the preceding proviso the Secretary may waive, or specify alternative requirements for, any provi- sion of section 202 of the Housing Act of 1959 (12 U.S.C.

1701q) in order to facilitate the development of such units, except for requirements related to fair housing, non- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1766 discrimination, labor standards, and the environment: Pro- vided further, That of the total amount made available under this heading, up to $6,000,000 shall be used by the Secretary to support preservation transactions of housing for the elderly originally developed with a capital advance and assisted by a project rental assistance contract under the provisions of section 202(c) of the Housing Act of 1959.
HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to cap- ital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cran- ston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, for project assistance contracts pursuant to subsection (h) of section 202 of the Housing Act of 1959, as added by section 205(a) of the Housing and Community Development Amendments of 1978 (Pub- lic 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1767 Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $360,000,000, to remain available until September 30, 2026: Provided, That amounts made available under this heading shall be avail- able for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects: Provided further, That, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until Sep- tember 30, 2026: Provided further, That amounts depos- ited 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, in- cluding recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be used for the current purposes authorized under this head- ing in addition to the purposes for which such funds origi- 24 nally were appropriated.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1768 HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available until September 30, 2024, including up to $4,500,000 for administrative con- tract 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 im- proving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for hous- ing counselor training: Provided further, That for purposes of awarding grants from amounts provided under this heading, the Secretary may enter into multiyear agree- ments, as appropriate, subject to the availability of annual appropriations.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Stand- ards Act of 1974 (42 U.S.C.

5401 et seq.

), up to $14,000,000, to remain available until expended, of which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1769 $14,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided fur- ther, 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 Sec- retary may assess and collect fees from any program par- ticipant: Provided further, That such collections shall be deposited into the Trust Fund, and the Secretary, as pro- vided herein, may use such collections, as well as fees col- lected under section 620 of such Act, for necessary ex- penses of such Act: Provided further, That, notwith- standing the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1770 viders that are paid directly by the recipients of their serv- ices.
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 fur- ther, 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 Hous- ing 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 addi- tional $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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1771 made available by this proviso exceed $30,000,000: Pro- vided further, That notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act (12 U.S.C.

1715z–20(g)), during fiscal year 2023 the Secretary may insure and enter into new commitments to insure mortgages under section 255 of the National Hous- ing Act only to the extent that the net credit subsidy cost for such insurance does not exceed zero.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as author- ized 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 au- thorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $1,000,000, which shall be for loans to nonprofit and governmental en- tities in connection with the sale of single family real prop- erties owned by the Secretary and formerly insured under 23 such Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1772 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 avail- able until September 30, 2024, shall be for necessary sala- ries and expenses of the Government National Mortgage Association: Provided further, That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2023, an additional $100 for nec- essary salaries and expenses shall be available until ex- pended 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: Pro- vided further, That receipts from Commitment and Multiclass fees collected pursuant to title III of the Na- tional Housing Act (12 U.S.C.
1716 et seq.)

shall be cred- ited as offsetting collections to this account.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1773 POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of pro- grams 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 avail- able under this heading, notwithstanding section 203 of this title, the Secretary may enter into cooperative agree- ments with philanthropic entities, other Federal agencies, State or local governments and their agencies, Indian Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further, That with respect to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 per- cent match toward the cost of the project: Provided fur- ther, That for non-competitive agreements entered into in accordance with the preceding two provisos, the Secretary shall comply with section 2(b) of the Federal Funding Ac- countability and Transparency Act of 2006 (Public Law December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1774 109–282, 31 U.S.C.

note) in lieu of compliance with sec- tion 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 Appropria- tions on how the Secretary will allocate funding for this activity at least 30 days prior to obligation: Provided fur- ther, 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 gov- ernmental entities to provide legal assistance (including assistance related to pretrial activities, trial activities, post-trial activities and alternative dispute resolution) at no cost to eligible low-income tenants at risk of or subject to eviction: Provided further, That in awarding grants under the preceding proviso, the Secretary shall give pref- erence to applicants that include a marketing strategy for residents of areas with high rates of eviction, have experi- ence providing no-cost legal assistance to low-income indi- viduals, including those with limited English proficiency or disabilities, and have sufficient capacity to administer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1775 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 oth- erwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 (42 U.S.C.

3601 et seq.

), and section 561 of the Housing and Community Development Act of 1987 (42 U.S.C.
3616a), $86,355,000, to remain available until September 30, 2024: Provided, That notwithstanding section 3302 of title 31, United States Code, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to develop on-line courses and provide such training: Pro- vided further, That none of the funds made available under this heading may be used to lobby the executive or legisla- tive branches of the Federal Government in connection with a specific contract, grant, or loan: Provided further, That of the funds made available under this heading, $1,355,000 shall be available to the Secretary for the cre- ation and promotion of translated materials and other pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1776 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 author- ized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4852), the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z–1 and 1701z–2), and for related activi- ties and assistance, $410,000,000, to remain available until September 30, 2025: Provided, That the amounts made available under this heading are provided as follows: (1) $290,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $95,000,000 shall be provided to areas with the highest lead-based paint abatement needs; (2) $85,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1777 outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 shall be for the implemen- tation of projects in up to five communities that are served by both the Healthy Homes Initia- tive and the Department of Energy weatheriza- tion programs to demonstrate whether the co- ordination of Healthy Homes remediation ac- tivities 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 ex- perienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-in- come seniors to enable them to remain in their primary residence: Provided, That of the total amount made available under this subpara- graph no less than $10,000,000 shall be avail- able to meet such needs in communities with substantial rural populations; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1778 (3) $5,000,000 shall be for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Haz- ard 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 Tech- nology’’ for the purposes of conducting research and studies and for use in accordance with the provisos under that heading for non-competitive agreements; (5) $25,000,000 shall be for a lead-risk assess- ment demonstration for public housing agencies to conduct lead hazard screenings or lead-risk assess- ments 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 avail- ability and affordability; and (6) $5,000,000 shall be for grants for a radon testing and mitigation safety demonstration program (the radon demonstration) in public housing: Pro- vided, That the testing method, mitigation method, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1779 or action level used under the radon demonstration shall be as specified by applicable State or local law, if such law is more protective of human health or the environment than the method or level specified by the Secretary: Provided further, That for purposes of environmental re- view, pursuant to the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.)
and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Stud- ies program, or other demonstrations or programs under this heading or under prior appropriations Acts for such purposes under this heading, or under the heading ‘‘Hous- ing for the Elderly’’ under prior Appropriations Acts, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further, That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity that is accept- able to the Secretary to carry out the proposed use of funds pursuant to a notice of funding opportunity: Pro- vided 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 ap- propriations Acts, still remaining available, may be used December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1780 for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND For Department-wide and program-specific informa- tion technology systems and infrastructure, $374,750,000, to remain available until September 30, 2025, of which up to $23,950,000 shall be for development, moderniza- tion, and enhancement projects, including planning for such projects: Provided, That not more than 10 percent of the funds made available under this heading for devel- opment, modernization, and enhancement may be obli- gated until the Secretary submits and the House and Sen- ate Committees on Appropriations approve a plan that— (1) identifies for each development, moderniza- tion, 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1781 (A) the functional and performance capa- bilities 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 sys- tem decommissioning; (D) a description of the procurement strat- egy and governance structure for the project and the number of HUD staff and contractors supporting the project; and (E) certification from the Chief Informa- tion Officer that each project is compliant with the Department’s enterprise architecture, life- cycle management and capital planning and in- vestment 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 sta- tus, cost and plan for all modernization projects; and for each major modernization project with an approved project plan, identifying— 24 25 (1) results and actual expenditures of the prior quarter; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1782 (2) any variances in cost, schedule (including procurement), or functionality from the previously approved project plan, reasons for such variances and estimated impact on total life-cycle costs; and (3) risks and mitigation strategies associated with ongoing work.
OFFICE OF INSPECTOR GENERAL For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $146,000,000: Provided, That the Inspector General shall have independent authority over all personnel issues within this office.

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

201.
201.

Fifty percent of the amounts of budget au- thority, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1783 State housing finance agencies or local governments or local housing agencies with projects approved by the Sec- retary of Housing and Urban Development for which set- tlement occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate.

SEC.

202.
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, includ- ing 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 competi- tive basis and in accordance with section 102 of the De- partment of Housing and Urban Development Reform Act 23 of 1989 (42 U.S.C.

3545).

24 25 SEC.

204.

Funds of the Department of Housing and Urban Development subject to the Government Corpora- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1784 tion Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Fi- nancing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Cor- poration 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 ap- propriation 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 Depart- ment of Housing and Urban Development which are sub- ject to the Government Corporation Control Act are here- by 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1785 Act as may be necessary in carrying out the programs set forth in the budget for 2023 for such corporation or agen- cy except as hereinafter provided: Provided, That collec- tions of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this pro- viso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mort- gage purchases are necessary to protect the financial in- terest of the United States Government.
SEC.

207.

The Secretary shall provide quarterly re- ports to the House and Senate Committees on Appropria- tions regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit addi- tional, updated budget information to these Committees 19 upon request.

20 21 22 23 SEC.

208.


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

24 661 et seq.).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1786 SEC.

209.
209.

(a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2023 and 2024, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project- based assistance under this section may be done in phases to accommodate the financing and other requirements re- lated to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under 16 subsection (c).
(c) The transfer authorized in subsection (a) is sub- ject to the following conditions: (1) NUMBER AND BEDROOM SIZE OF UNITS.— (A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1787 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 transfer- ring project: The Secretary may authorize a re- duction in the number of dwelling units in the receiving project or projects to allow for a re- configuration of bedroom sizes to meet current market demands, as determined by the Sec- retary and provided there is no increase in the project-based assistance budget authority.
(2) The transferring project shall, as deter- mined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with State or Federal requirements for community integration and reduced concentration of individuals with disabilities.

(3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall notify and consult with the tenants re- siding in the transferring project and provide a cer- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1788 tification of approval by all appropriate local govern- mental 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 re- ceiving project or projects meets the condition speci- fied in subsection (d)(2)(A), any lien on the receiv- ing project resulting from additional financing ob- tained 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 deter- mination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or re- habilitation of the receiving project or projects.
(8) If the transferring project meets the re- quirements of subsection (d)(2), the owner or mort- gagor of the receiving project or projects shall exe- cute and record either a continuation of the existing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1789 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-in- come’’ shall have the meanings provided by the stat- ute 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 con- ditions— (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assist- ance attached to the structure including projects undergoing mark to market debt re- structuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1790 (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 en- actment of the Cranston-Gonzales National Af- fordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Afford- able 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 assist- ance provided under section 8(b)(2) of such Act (as such section existed immediately before Oc- tober 1, 1983); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1791 (C) rent supplement payments under sec- tion 101 of the Housing and Urban Develop- ment Act of 1965 (12 U.S.C.
1701s); (D) interest reduction payments under sec- tion 236 and/or additional assistance payments under section 236(f)(2) of the National Hous- ing Act (12 U.S.C.

1715z–1); (E) assistance payments made under sec- tion 202(c)(2) of the Housing Act of 1959 (12 U.S.C.

1701q(c)(2)); and (F) assistance payments made under sec- tion 811(d)(2) of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C.
8013(d)(2)); (4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred; (5) the term ‘‘transferring project’’ means the multifamily housing project which is transferring some or all of the project-based assistance, debt, and the statutorily required low-income and very low-in- come use restrictions to the receiving project or projects; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1792 (6) the term ‘‘Secretary’’ means the Secretary of Housing and Urban Development.

(e) RESEARCH REPORT.—The Secretary shall con- duct an evaluation of the transfer authority under this sec- tion, including the effect of such transfers on the oper- ational 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1793 (7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.

1437f).

(b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), any finan- cial assistance (in excess of amounts received for tuition and any other required fees and charges) that an indi- vidual receives under the Higher Education Act of 1965 (20 U.S.C.

1001 et seq.

), from private sources, or from an institution of higher education (as defined under sec- tion 102 of the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, ex- cept for a person over the age of 23 with dependent chil- dren.

19 SEC.

211.
SEC.

211.

The funds made available for Native Alas- kans under paragraph (1) under the heading ‘‘Native American Programs’’ in title II of this Act shall be allo- cated to the same Native Alaskan housing block grant re- cipients 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1794 SEC.

212.

Notwithstanding any other provision of law, in fiscal year 2023, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary of Housing and Urban Development, and during the process of foreclosure on any property with a contract for rental assistance payments under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) or any other Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 and other pro- grams that are attached to any dwelling units in the prop- erty.
To the extent the Secretary determines, in consulta- tion 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 assist- ance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (in this section ‘‘MAHRAA’’) (42 U.S.C.
1437f note), and (2) environ- mental conditions that cannot be remedied in a cost-effec- tive fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1795 assistance payments with an owner or owners of other ex- isting housing properties, or provide other rental assist- ance.
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 abate- ment 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 re- ceivership.
After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject to the require- ments under section 524 of MAHRAA.

SEC.

213.
SEC.

213.

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

SEC.

214.
SEC.

214.

With respect to the use of amounts pro- vided in this Act and in future Acts for the operation, cap- ital 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 Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1796 retary shall not impose any requirement or guideline relat- ing to asset management that restricts or limits in any way the use of capital funds for central office costs pursu- ant 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 cap- ital 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 per- mitted 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 Fi- nancial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and di- rectives.
The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appro- priation under the accounts ‘‘Executive Offices’’, ‘‘Admin- istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern- ment National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account’’, and ‘‘Office of Inspector General’’ within the Department of Housing and Urban Development.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1797 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 no- tice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competi- tively awarded.
Notwithstanding any other provision of law, for fiscal year 2023, the Secretary may make the NOFO available only on the Internet at the appropriate 10 Government website or through other electronic media, as 11 determined by the Secretary.

12 13 14 SEC.

217.

Payment of attorney fees in program-re- lated litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses 15 appropriations.

16 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 ‘‘Adminis- trative 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 ap- proval of the House and Senate Committees on Appropria- tions: Provided further, That the Secretary shall provide December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1798 notification to such Committees 3 business days in ad- vance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less.

SEC.

219.
SEC.

219.

(a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary condi- tions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condi- tion of any property covered under a housing assistance 10 payment contract.
11 12 13 14 (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 15 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 de- ficiencies identified by the inspector at the project have been corrected.
Such requirements shall apply to insured and non- insured 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 as- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1799 sisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with cap- ital or operating funds under section 9 of the United States Housing Act of 1937 (42 U.S.C.

1437g).

(c)(1) Within 15 days of the issuance of the Real Es- tate Assessment Center (‘‘REAC’’) inspection, the Sec- retary shall provide the owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies.
The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract adminis- trator.

If the owner’s appeal results in a UPCS score of 60 or above, the Secretary may withdraw the Notice of 14 Default.
(2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as des- ignated by the Secretary, with priority given to the tenants of the property affected by the penalty; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1800 (C) abate the section 8 contract, including par- tial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established proce- dures, who will be obligated to promptly make all re- quired repairs and to accept renewal of the assist- ance 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 re- quiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other re- lated party to stabilize the property in an attempt to preserve the property through compliance, trans- fer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appro- priate by the Secretary.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1801 (d) The Secretary shall take appropriate steps to en- sure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants.
To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such sec- tion 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 pay- ments with an owner or owners of other existing housing properties, or provide other rental assist- ance.
(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1802 received an unsatisfactory management and occupancy re- view within the past 36 months.
The report shall include— (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Depart- ment of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative rec- ommendations to further improve the living condi- tions at properties covered under a housing assist- ance 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 re- port shall be submitted within 180 days of the transmittal of the first report.

20 SEC.

220.
SEC.

220.

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

1437 et seq.

), may be used by any public housing agency for any amount of salary, in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1803 cluding 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 pub- lic 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 Com- mittees 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 in- sure, 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, mu- nicipality, or any other political subdivision of a State.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1804 SEC.

223.

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

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

5306).

SEC.

224.
Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evalua- tion, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately be- come available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming require- ments in section 405 of this Act.
SEC.

225.

None of the funds provided in this Act or any other Act may be used for awards, including perform- ance, special act, or spot, for any employee of the Depart- ment of Housing and Urban Development subject to ad- ministrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1805 tive prior to the effective date of any such administrative discipline or after any final decision over-turning such dis- cipline.

SEC.

226.
SEC.

226.

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

227.

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

11381 et seq.)

to transition from one Continuum of Care program component to another.
(b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the 23 Secretary.

24 25 SEC.

228.

The Promise Zone designations and Prom- ise Zone Designation Agreements entered into pursuant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1806 to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements.

SEC.

229.

None of the amounts made available in this Act may be used to consider Family Self-Sufficiency per- formance measures or performance scores in determining funding awards for programs receiving Family Self-Suffi- ciency program coordinator funding provided in this Act.

SEC.
SEC.

230.

Any public housing agency designated as a Moving to Work agency pursuant to section 239 of divi- sion 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 pur- pose 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 Depart- ment 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), notwith- standing the purposes for which such funds were appro- 25 priated.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1807 SEC.

231.
None of the amounts made available by this Act may be used to prohibit any public housing agen- cy under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading ‘‘Public Housing Fund’’ for competitive grants to evaluate and reduce lead-based paint hazards in this Act or that remain available and not awarded from prior Acts, or be used to prohibit a public housing agency from using such funds to carry out any required work pur- suant to a settlement agreement, consent decree, vol- untary 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 contraven- tion 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 re- main available through fiscal year 2024 for the liquidation of valid obligations incurred in fiscal years 2016 through 24 2018.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1808 SEC.

234.
1808 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 spe- cific 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 de- termines or has determined, for any prior formula grant allocation administered by the Secretary through the Of- fices 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 applica- ble formula allocation cycle by (a) offsetting each such re- cipient’s formula allocation (if eligible for a formula alloca- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1809 which any such error occurred (if such recipient or recipi- ents are eligible for a formula allocation in the next appli- cable formula allocation cycle) in an amount proportionate to such recipient’s eligibility under the next applicable for- mula allocation cycle: Provided, That all offsets and re- allocations from such available balances shall be recorded against funds available for the next applicable formula al- location cycle: Provided further, That the term ‘‘next appli- cable formula allocation cycle’’ means the first formula al- location 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 abil- ity to accomplish the purpose of the formula grant, the Secretary may adjust for the funding error across two or more formula allocation cycles.
SEC.

236.

The Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.

1437f note) is 22 amended— 23 (a) in section 515, by adding at the end the following 24 new subsection: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1810 ‘‘(d) RENT ADJUSTMENTS AND SUBSEQUENT RE- NEWALS.—After the initial renewal of a section 8 contract pursuant to this section and notwithstanding any other provision of law or contract regarding the adjustment of rents or subsequent renewal of such contract for a project, including such a provision in section 514 or this section, in the case of a project subject to any restrictions imposed pursuant to sections 514 or this section, the Secretary may, not more often than once every 10 years, adjust such rents or renew such contracts at rent levels that are equal to the lesser of budget-based rents or comparable market rents for the market area upon the request of an owner 13 or purchaser who— ‘‘(1) demonstrates that— ‘‘(A) project income is insufficient to oper- ate and maintain the project, and no rehabilita- tion is currently needed, as determined by the Secretary; or ‘‘(B) the rent adjustment or renewal con- tract is necessary to support commercially rea- sonable financing (including any required debt service coverage and replacement reserve) for rehabilitation necessary to ensure the long-term sustainability of the project, as determined by the Secretary, and in the event the owner or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1811 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 re- strictions required under 514(e)(6) for an addi- tional 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 af- fordability 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1812 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 ‘‘Octo- ber 1, 2027’’.

SEC.

237.
The Secretary may transfer from amounts made available for salaries and expenses under this title (excluding amounts made available under the heading ‘‘Office of Inspector General’’) up to $500,000 from each office to the heading ‘‘Information Technology Fund’’ for information technology needs, including for additional de- velopment, 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, mod- ernization, or enhancement costs in excess of $500,000: Provided further, That the Secretary shall provide notifica- tion to the House and Senate Committees on Appropria- tions no less than three business days in advance of any such transfer.
23 24 25 SEC.

238.

Funds previously made available in the Consolidated Appropriations Act, 2019 (Public Law 116– 6) for ‘‘Lead Hazard Reduction’’ that were available for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1813 obligation through fiscal year 2020 are to remain available through fiscal year 2027 for the liquidation of valid obliga- tions incurred in fiscal years 2019 through 2020.

SEC.

239.
SEC.

239.

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

SEC.

240.

None of the funds appropriated or other- wise made available in this or prior Acts may be used by the Department to carry out customer experience activities 10 within the Office of the Assistant Chief Financial Officer 11 for Budget.
12 13 This title may be cited as the ‘‘Department of Hous- ing and Urban Development Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1814 TITLE III RELATED AGENCIES ACCESS BOARD SALARIES AND EXPENSES For expenses necessary for the Access Board, as au- thorized by section 502 of the Rehabilitation Act of 1973 (29 U.S.C.
792), $9,850,000: Provided, That, notwith- standing any other provision of law, there may be credited to this appropriation funds received for publications and training expenses.

11 FEDERAL MARITIME COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Mer- chant Marine Act, 1936, as amended (46 U.S.C.
46107), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; and uniforms or allowances therefore, as authorized by sections 5901 and 5902 of title 5, United States Code, $38,260,000, of which $2,000,000 shall remain available until September 30, 2024: Provided, That not to exceed $3,500 shall be for official reception and representation 24 expenses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1815 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 (5 U.S.C.

App.
3), $27,935,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in such Act, to inves- tigate allegations of fraud, including false statements to the Government under section 1001 of title 18, United States Code, by any person or entity that is subject to regulation by the National Railroad Passenger Corpora- tion: 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: Pro- vided further, That the Inspector General may select, ap- point, and employ such officers and employees as may be necessary for carrying out the functions, powers, and du- ties of the Office of Inspector General, subject to the appli- cable laws and regulations that govern such selections, ap- pointments, and employment within the National Railroad December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1816 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 Sen- ate 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 Transpor- tation Safety Board, including hire of passenger motor ve- hicles 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: Pro- vided, That the amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation in- curred in fiscal year 2001 for a capital lease.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1817 NEIGHBORHOOD REINVESTMENT CORPORATION PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Cor- poration for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corpora- tion Act (42 U.S.C.
8101–8107), $166,000,000: Provided, That an additional $4,000,000, to remain available until September 30, 2026, shall be for the promotion and devel- opment of shared equity housing models.
SURFACE TRANSPORTATION BOARD SALARIES AND EXPENSES For necessary expenses of the Surface Transpor- tation Board, including services authorized by section 3109 of title 5, United States Code, $41,429,000: Pro- vided, That, notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Sur- face Transportation Board shall be credited to this appro- priation as offsetting collections and used for necessary and authorized expenses under this heading: Provided fur- ther, That the amounts made available under this heading from the general fund shall be reduced on a dollar-for- dollar basis as such offsetting collections are received dur- ing fiscal year 2023, to result in a final appropriation from the general fund estimated at not more than $40,179,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1818 UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS OPERATING EXPENSES For necessary expenses, including payment of sala- ries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of ex- perts 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, 11 as amended, $4,000,000.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1819 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.
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 appropria- tions, unless expressly so provided herein.

SEC.

403.
SEC.

403.

The expenditure of any appropriation under this Act for any consulting service through a pro- curement 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 pro- vided under existing law, or under existing Executive order issued pursuant to existing law.

SEC.

404.
SEC.

404.

(a) None of the funds made available in this Act may be obligated or expended for any employee training that— 23 24 25 (1) does not meet identified needs for knowl- edge, skills, and abilities bearing directly upon the performance of official duties; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1820 (2) contains elements likely to induce high lev- els of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the train- ing and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Em- ployment Opportunity Commission Notice N– 915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, par- ticipants’ 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 pre- vious appropriations Acts to the agencies or entities fund- ed in this Act that remain available for obligation or ex- penditure in fiscal year 2023, or provided from any ac- counts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1821 available for obligation or expenditure through a re- programming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any pro- gram, 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 ac- tivities in excess of $5,000,000 or 10 percent, which- ever is less; (6) reduces existing programs, projects, or ac- tivities 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 Commit- tees 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 ap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1822 proval is received from the House and Senate Com- mittees 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 es- tablish 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 en- acted level, the President’s budget request, ad- justments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each ap- propriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accom- panying 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 Appro- priations, or in the budget appendix for the re- spective appropriations, whichever is more de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1823 tailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest.

SEC.

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

407.

No funds in this Act may be used to sup- port 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 pur- poses of this section, public use shall not be construed to include economic development that primarily benefits pri- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1824 vate 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, communica- tion-related, water-related and wastewater-related infra- structure), other structures designated for use by the gen- eral public or which have other common-carrier or public- utility functions that serve the general public and are sub- ject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107–118) shall be considered a public use for purposes of eminent domain.
SEC.

408.

None of the funds made available in this Act may be transferred to any department, agency, or in- strumentality of the United States Government, except pursuant to a transfer made by, or transfer authority pro- vided in, this Act or any other appropriations Act.

SEC.

409.

No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
8301–8305, popularly known as the ‘‘Buy 25 American Act’’).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1825 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 attend- ance of more than 50 employees of a single agency or de- partment of the United States Government, who are sta- tioned in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC.

413.

None of the funds appropriated or other- wise made available under this Act may be used by the Surface Transportation Board to charge or collect any fil- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1826 ing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for dis- trict court civil suit filing fees under section 1914 of title 28, United States Code.

SEC.

414.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out crimi- nal 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 General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General’s right of access.

(b) A department or agency covered by this section shall provide its Inspector General with access to all such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1827 records, documents, and other materials in a timely man- ner.

(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the in- formation provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C.

App.).
App.).

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

SEC.

416.
None of the funds appropriated or other- wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government- driven scope changes, or are not significant within the overall scope of the project and/or program 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, for- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1828 merly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily com- pleted 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 posi- tion 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 sec- tion 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor- way 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1829 with the U.S.-E.U.-Iceland-Norway Air Transport Agree- ment and United States law.

SEC.

419.
SEC.

419.

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

SEC.

420.

(a) Funds previously made available in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2, division A; 127 Stat.
36) under the heading ‘‘Department of Housing and Urban Development—Community Planning and Development— Community Development Fund’’ that were available for obligation through fiscal year 2017 are to remain available until expended for the liquidation of valid obligations in- curred in fiscal years 2013 through 2017.
(b) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emer- gency 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1830 SEC.

421.
In the table of projects in the explanatory statement referenced in section 417 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (division L of Public Law 117– 103)— (1) the item relating to ‘‘Greensboro Judy Cen- ter 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 commer- cial kitchen to increase access to healthy food’’ is deemed to be amended by striking recipient ‘‘Cross Street Partners’’ and inserting ‘‘The Good Stuff’’; (3) the item relating to ‘‘Covenant House PA Transition Housing’’ is deemed to be amended by striking recipient ‘‘Covenant House Pennsylvania’’ and inserting ‘‘Covenant House Pennsylvania Under 21’’; (4) the item relating to ‘‘Long Island Green- way’’ is deemed to be amended by striking ‘‘Long Is- land Greenway’’ and inserting ‘‘For the planning and design of the Long Island Greenway’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1831 (5) the item relating to ‘‘Acquisition of property for permanent Veterans’ homeless shelter’’ is deemed to be amended by striking ‘‘Acquisition of property for permanent Veterans’ homeless shelter’’ and inserting ‘‘Acquisition or rehabilitation of prop- erty for permanent veterans’ homeless shelter’’; (6) the item relating to ‘‘Gourdy Ampitheater Project’’ is deemed to be amended by striking ‘‘Gourdy Ampitheater Project’’ and inserting ‘‘Goudy Park’’; (7) the item relating to ‘‘Community Bike Works: Easton’’ is deemed to be amended by strik- ing ‘‘Easton’’ and inserting ‘‘Easton and Allen- town’’; (8) the item relating to ‘‘Barrington Town Of- fices and Emergency Operations Center Construc- tion’’ is deemed to be amended by striking ‘‘Bar- rington 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’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1832 (10) the item relating to ‘‘Somersworth Fire Training Tower’’ is deemed to be amended by strik- ing ‘‘Tower’’ and inserting ‘‘and Equipment’’; (11) the item relating to ‘‘Generator and struc- ture 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 Improve- ments’’ is deemed to be amended by striking recipi- ent ‘‘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 Con- struction’’; (14) the item relating to ‘‘The MEWS at Spen- cer Road, Affordable Housing and Mixed Use Devel- opment’’ is deemed to be amended by striking recipi- ent ‘‘Will County Development Corporation’’ and in- serting ‘‘Will County Housing Development Corpora- tion’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1833 (15) the item relating to ‘‘Bluefield Historic District Restoration’’ is deemed to be amended by striking ‘‘Historic District’’; and (16) the item relating to ‘‘Port of West Virginia Railroad Bridge Improvements’’ is deemed to be amended by striking ‘‘Bridge’’.

SEC.

422.
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 Pay- ments (HAP) Contract Support Services (HAPSS)’’ post- ed 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’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1834 DIVISION M—ADDITIONAL UKRAINE SUP- PLEMENTAL 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 ex- pended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For an additional amount for ‘‘McGovern-Dole Food for Education and Child Nutrition Program Grants’’, $5,000,000, to remain available until expended.
TITLE II DEPARTMENT OF DEFENSE MILITARY PERSONNEL MILITARY PERSONNEL, ARMY For an additional amount for ‘‘Military Personnel, Army’’, $54,252,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1835 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 Sep- tember 30, 2023, to respond to the situation in Ukraine and for related expenses, including for hardship duty pay.

MILITARY PERSONNEL, SPACE FORCE For an additional amount for ‘‘Military Personnel, Space Force’’, $3,663,000, to remain available until Sep- tember 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 Main- tenance, Army’’, $3,020,741,000, to remain available until December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1836 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 Main- tenance, 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 Main- tenance, 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 Main- tenance, 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 Main- tenance, Space Force’’, $8,742,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1837 OPERATION AND MAINTENANCE, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Operation and Main- tenance, Defense-Wide’’, $21,160,737,000, to remain available until September 30, 2023, to respond to the situ- ation 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 Ini- tiative: Provided further, That such funds for the Ukraine Security Assistance Initiative shall be available to the Sec- retary 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 contribu- tions, including money, personal property, and services, from foreign governments and other entities, to carry out assistance authorized for the Ukraine Security Assistance Initiative under this heading in this Act: Provided further, That the Secretary of Defense shall notify the congres- sional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That contribu- tions of money for the purposes provided herein from any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1838 foreign government or other entity may be credited to this account, to remain available until September 30, 2024, and used for such purposes: Provided further, That of the total amount provided under this heading in this Act, up to $11,880,000,000, to remain available until September 30, 2024, may be transferred to accounts under the head- ings ‘‘Operation and Maintenance’’ and ‘‘Procurement’’ for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for de- fense services of the Department of Defense and military education and training, provided to the Government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further, That funds transferred pursuant to the preceding proviso shall be merged with and available for the same purposes and for the same time period as the appropria- tions to which the funds are transferred: Provided further, That the Secretary of Defense shall notify the congres- sional defense committees of the details of such transfers not less than 15 days before any such transfer: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not nec- essary for the purposes provided herein, such amounts may be transferred back and merged with this appropria- tion: Provided further, That the transfer authority pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1839 vided 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 Sep- tember 30, 2025, to respond to the situation in Ukraine and for related expenses.
PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Procurement of Am- munition, Army’’, $687,000,000, to remain available until September 30, 2025, for expansion of public and private plants, including the land necessary therefor, and procure- ment and installation of equipment appliances, and ma- chine tools in such plants, for the purpose of increasing production of critical munitions to replace defense articles provided to the Government of Ukraine or foreign coun- tries that have provided support to Ukraine at the request of the United States.
20 21 22 23 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 24 related expenses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1840 OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Other Procurement, Air Force’’, $730,045,000, to remain available until Sep- tember 30, 2025, to respond to the situation in Ukraine and for related expenses.

PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, De- fense-Wide’’, $3,326,000, to remain available until Sep- tember 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, Develop- ment, Test and Evaluation, Army’’, $5,800,000, to remain available until September 30, 2024, to respond to the situ- ation in Ukraine and for related expenses.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For an additional amount for ‘‘Research, Develop- ment, Test and Evaluation, Navy’’, $38,500,000, to re- main available until September 30, 2024, to respond to the situation in Ukraine and for related expenses.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1841 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Develop- ment, 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, Develop- ment, 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 Pro- gram’’, $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 ex- penses.
OFFICE OF THE INSPECTOR GENERAL For an additional amount for ‘‘Office of the Inspector General’’, $6,000,000, to remain available until September 30, 2023, which shall be for operation and maintenance, to carry out reviews of the activities of the Department of Defense to execute funds appropriated in this title, in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1842 cluding assistance provided to Ukraine: Provided, That the Inspector General of the Department of Defense shall pro- vide 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 Commu- nity Management Account’’, $75,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses.

GENERAL PROVISIONS—THIS TITLE SEC.

1201.
Not later than 45 days after the date of enactment of this Act, the Secretary of Defense, in coordi- nation 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 inva- sion of Ukraine, particularly measures with regard to such articles that require enhanced end-use monitoring; meas- ures to ensure that such articles reach their intended re- cipients and are used for their intended purposes; and any other measures to promote accountability for the use of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1843 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 pur- poses and a description of any remedies taken: Provided further, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex.

SEC.

1202.
Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2024, the Secretary of Defense, in co- ordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Rep- resentatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate de- scribing 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 associ- ated authority and funding used to provide such articles and services: Provided, That such report shall be sub- mitted in unclassified form, but may be accompanied by 22 a classified annex.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1844 TITLE III DEPARTMENT OF ENERGY ENERGY PROGRAMS NUCLEAR ENERGY For an additional amount for ‘‘Nuclear Energy’’, $300,000,000, to remain available until expended: Pro- vided, That of the amount provided under this heading in this Act, $100,000,000 shall be for Advanced Nuclear Fuel Availability: Provided further, That of the amount provided under this heading in this Act, $60,000,000 shall be to carry out the demonstrations of the Advanced Reac- tor Demonstration Program: Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be to carry about activities for the Na- tional Reactor Innovation Center: Provided further, That of the amount provided under this heading in this Act, $120,000,000 shall be to carry about activities for the Risk Reduction for Future Demonstrations.
ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION DEFENSE NUCLEAR NONPROLIFERATION For an additional amount for ‘‘Defense Nuclear Non- proliferation’’, $126,300,000, to remain available until ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1845 pended, to respond to the situation in Ukraine and for related expenses.

GENERAL PROVISION—THIS TITLE SEC.

1301.


(a) Of the unobligated balances from amounts deposited in the SPR Petroleum Account pursu- ant to section 167(b)(3) of the Energy Policy and Con- servation 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 semi- colon in paragraph (6) and inserting a period, and striking paragraphs (7) and (8).
15 16 17 18 (c) Section 32204(a)(1) of the FAST Act (Public Law 114–94) is amended by adding ‘‘and’’ after the semi- colon in subparagraph (A), striking the semicolon in sub- paragraph (B) and inserting a period, and striking sub- 19 paragraphs (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.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1846 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 Ex- penses’’, $1,000,000, to remain available until expended, for necessary expenses of the National Security Council.
TITLE V DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATION FOR CHILDREN AND FAMILIES REFUGEE AND ENTRANT ASSISTANCE For an additional amount for ‘‘Refugee and Entrant Assistance’’, $2,400,000,000, to remain available until September 30, 2024: Provided, That amounts made avail- able under this heading in this Act may be used for grants or contracts with qualified organizations, including non- profit entities, to provide culturally and linguistically ap- propriate services, including wraparound services, housing assistance, medical assistance, legal assistance, and case management assistance: Provided further, That amounts made available under this heading in this Act may be used by the Director of the Office of Refugee Resettlement (Di- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1847 rector) to issue awards or supplement awards previously made by the Director: Provided further, That the Director, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C.

1522(c)(1)(A)) with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available.

GENERAL PROVISION—THIS TITLE SEC.

1501.


Subsection (a)(1)(A) of section 2502 of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43) is amended by striking ‘‘September 30, 2022’’ and inserting ‘‘September 30, 13 2023’’.
TITLE VI LEGISLATIVE BRANCH GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES For an additional amount for ‘‘Salaries and Ex- penses’’, $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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1848 TITLE VII DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC PROGRAMS For an additional amount for ‘‘Diplomatic Pro- grams’’, $147,054,000, to remain available until Sep- tember 30, 2024, of which not less than $60,000,000 shall be made available to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.
OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $5,500,000, to remain available until September 30, 2024.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses’’, $5,000,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1849 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector General’’, $8,000,000, to remain available until September 30, 2024.
BILATERAL ECONOMIC ASSISTANCE FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster Assistance’’, $937,902,000, to remain available until ex- pended, 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 inter- national nongovernmental organizations.
TRANSITION INITIATIVES For an additional amount for ‘‘Transition Initia- tives’’, $50,000,000, to remain available until expended, for assistance for Ukraine and countries impacted by the situation in Ukraine.
22 23 24 25 ECONOMIC SUPPORT FUND For an additional amount for ‘‘Economic Support Fund’’, $12,966,500,000 to remain available until Sep- tember 30, 2024, for assistance for Ukraine and countries December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1850 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 notwith- standing any other provision of law that restricts assist- ance to foreign countries and may be made available as contributions.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For an additional amount for ‘‘Assistance for Eu- rope, Eurasia and Central Asia’’, $350,000,000, to remain available until September 30, 2024, for assistance and re- lated 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 Ref- ugee Assistance’’, $1,535,048,000, to remain available until expended, of which not less than $620,000,000 shall be made available to address humanitarian needs in, and to assist refugees from, Ukraine, and for additional sup- port for other vulnerable populations and communities.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1851 INTERNATIONAL SECURITY ASSISTANCE DEPARTMENT OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For an additional amount for ‘‘International Nar- cotics Control and Law Enforcement’’, $374,996,000, to remain available until September 30, 2024, of which not less than $300,000,000 shall be for assistance for Ukraine and countries impacted by the situation in Ukraine.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For an additional amount for ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, $105,000,000, to remain available until September 30, 2024, for assistance for Ukraine and countries impacted by the situation in Ukraine.
FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Foreign Military Fi- nancing Program’’, $80,000,000, to remain available until September 30, 2024: Provided, That such funds may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans and loan guarantees, if otherwise authorized by any provision of law: Provided further, That such costs may include the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1852 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 ex- ceed $2,000,000,000: Provided further, That the Secretary of State may use amounts charged to the borrower as origination fees to pay for the cost of such loans.
GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFERS OF FUNDS) SEC.

1701.

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

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

SEC.

1702.

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

SEC.

1703.

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

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

SEC.

1704.
SEC.

1704.

(a) Funds appropriated by this title under the heading ‘‘Diplomatic Programs’’ may be transferred December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1853 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 head- ings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ may be transferred to, and merged with, funds appropriated by this title under such headings to respond to humanitarian needs in Ukraine and in countries impacted by the situation in Ukraine and for assistance for other vulnerable populations and com- munities.
(c) Funds appropriated by this title under the head- ing ‘‘Economic Support Fund’’ may be transferred to, and merged with, funds available under the headings ‘‘United States International Development Finance Corporation— Corporate Capital Account’’, ‘‘United States International Development Finance Corporation—Program Account’’, ‘‘Export-Import Bank of the United States—Program Ac- count’’, and ‘‘Trade and Development Agency’’ to respond to the situation in Ukraine and in countries impacted by 22 the situation in Ukraine.
23 24 25 (d) Funds appropriated by this title under the head- ings ‘‘International Narcotics Control and Law Enforce- ment’’, ‘‘Nonproliferation, Anti-terrorism, Demining and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1854 Related Programs’’, and ‘‘Foreign Military Financing Program’’ may be transferred to, and merged with, funds appropriated by this title under such headings to respond to the situation in Ukraine and in countries impacted by the situation in Ukraine.
(e) The transfer authorities provided by this section are in addition to any other transfer authority provided by law.

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

SEC.

1705.
(a) Funds appropriated by this title may be made available for direct financial support for the Gov- ernment of Ukraine, including for Ukrainian first re- sponders, and may be made available as a cash transfer subject to the requirements of subsection (b): Provided, That such funds shall be provided on a reimbursable basis and matched by sources other than the United States Gov- ernment, to the maximum extent practicable: Provided fur- ther, That the Secretary of State or the Administrator of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1855 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, fol- lowing 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 Govern- ment of Ukraine has in place substantial safeguards to prevent corruption and ensure accountability of such funds: Provided further, That not less than 45 days after the initial obligation of such funds, the Inspectors General of the Department of State and the United States Agency for International Development shall submit a report to the appropriate congressional committees detailing and as- sessing the mechanisms for monitoring and safeguards de- scribed in the previous proviso.
(b) Funds made available to the Government of Ukraine as a cash transfer under subsection (a) shall be subject to a memorandum of understanding between the governments of the United States and Ukraine that de- scribes how the funds proposed to be made available will be used and the appropriate safeguards to ensure trans- parency and accountability: Provided, That such assist- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1856 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 congres- sional 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 in- tended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to in- crease other donor contributions for direct financial sup- port: 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 Ex- penses’’, ‘‘Economic Support Fund’’, ‘‘International Nar- cotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, and ‘‘Foreign Military Financing Program’’ shall be subject to the regular notification procedures of the Committees on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1857 Appropriations: Provided, That notifications submitted pursuant to this section shall include for each program notified—(1) total funding made available for such pro- gram, by account and fiscal year; (2) funding that remains unobligated for such program; (3) funding that is obli- gated 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 addi- tion to funds otherwise provided for such Inspectors Gen- eral for fiscal year 2023 and are made available to provide oversight of funds appropriated by this title and funds ap- propriated in title VI of division N of Public Law 117– 103, title V of Public Law 117–128, and title III of divi- sion B of Public Law 117–180: Provided, That the Inspec- tors General shall coordinate with the Inspectors General of the Department of Defense and Inspectors General of other relevant Federal agencies in conducting such over- sight: 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 find- ings to the appropriate congressional committees.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1858 TITLE VIII GENERAL PROVISIONS—THIS ACT SEC.

1801.

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

3094(a)(1)).

SEC.

1802.


Each amount appropriated or made avail- able by this Act is in addition to amounts otherwise appro- priated 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 additional amounts appropriated by this Act to appro- priations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023.

19 SEC.

1805.

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

Res.
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 Rep- 25 resentatives on June 8, 2022.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1859 1 2 This division may be cited as the ‘‘Additional Ukraine Supplemental Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1860 DIVISION N—DISASTER RELIEF SUPPLE- MENTAL 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 Sec- retary’’, $3,741,715,000, to remain available until ex- pended, for necessary expenses related to losses of rev- enue, quality or production losses of crops (including milk, on-farm stored commodities, crops prevented from plant- ing in 2022, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tor- nadoes, winter storms, freeze, including a polar vortex, smoke exposure, and excessive moisture occurring in cal- endar year 2022 under such terms and conditions as de- termined 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 pro- ducers of livestock, as determined by the Secretary of Ag- riculture, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1861 subject to the terms and conditions set forth in the first, second, and fourth through twelfth provisos under this heading in title I of the Disaster Relief Supplemental Ap- propriations 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 Facili- ties’’, $58,000,000, to remain available until expended.

FOOD SAFETY AND INSPECTION SERVICE For an additional amount for ‘‘Food Safety and In- spection 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 22 until expended.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1862 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 Assist- ance Grants’’, $60,000,000, to remain available until ex- pended, for necessary expenses related to homes damaged by Presidentially declared disasters in calendar year 2022: Provided, That 42 U.S.C.
1471(b)(3) shall not apply: Pro- vided 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 Fa- cilities Program Account’’, $75,300,000, to remain avail- able until expended: Provided, That of the amounts pro- vided under this heading in this Act, $50,000,000 shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1863 be for necessary expenses for grants to repair essential community facilities damaged by Presidentially declared disasters in calendar year 2022: Provided further, That the percentage of the cost of the facility that may be covered by a grant pursuant to the preceding proviso shall be 75 percent.
RURAL UTILITIES SERVICE RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for ‘‘Rural Water and Waste Disposal Program Account’’, $325,000,000, to re- main 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, not- withstanding section 343(a)(13)(B) of the Consolidated Farm and Rural Development Act, a grant using funds made available pursuant to the preceding proviso may not be awarded to a community with a population of more than 35,000 people: Provided further, That not to exceed $8,000,000 of the amount made available pursuant to the first proviso shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(22) of the Consolidated Farm and Rural Develop- ment Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1864 GENERAL PROVISIONS—THIS TITLE SEC.

2101.
2101.

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

SEC.

2102.
SEC.

2102.

For necessary expenses for salary and re- lated costs associated with Agriculture Quarantine and In- spection 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 re- main 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, Con- servation, 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 Se- curity Act of 2002 (6 U.S.C.

231(f)).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1865 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 addi- tional amount for ‘‘Economic Development Assistance Programs’’ for necessary expenses related to flood mitiga- tion, disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster des- ignation as a result of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
), $500,000,000, to remain avail- able until expended: Provided, That within the amount ap- propriated under this heading in this Act, up to 3 percent of funds may be transferred to the ‘‘Salaries and Ex- penses’’ account for administration and oversight activi- ties: 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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1866 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 in- vestigations and audits related to the funding provided under this heading in this Act.
For an additional amount for ‘‘Economic Develop- ment Assistance Programs’’ for grants authorized by sec- tions 28 and 29 of the Stevenson-Wydler Technology Inno- vation Act of 1980 (15 U.S.C.

3722a and 3722b), $618,000,000, to remain available until expended, of which $459,000,000 shall be for grants under section 28 and $159,000,000 shall be for grants under section 29 in amounts determined by the Secretary.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES For an additional amount for ‘‘Scientific and Tech- nical 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 build- ing failures pursuant to the National Construction Safety December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1867 Team Act of 2002 (15 U.S.C.

7301), $40,000,000, to re- main available until expended.
INDUSTRIAL TECHNOLOGY SERVICES For an additional amount for ‘‘Industrial Technology Services’’, $27,000,000, to remain available until ex- pended, to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167), of which $13,000,000 shall be for the Hol- lings Manufacturing Extension Partnership, and of which 10 $14,000,000 shall be for the Manufacturing USA Pro- 11 gram.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for ‘‘Operations, Research, and Facilities’’ for necessary expenses related to the con- sequences of hurricanes, typhoons, flooding, and wildfires in calendar year 2022, $29,000,000, to remain available until September 30, 2024, for repair and replacement of observing assets, real property, and equipment; for marine debris assessment and removal; and for mapping, chart- 22 ing, and geodesy services.
23 24 25 For an additional amount for ‘‘Operations, Research, and Facilities’’, $62,000,000, to remain available until September 30, 2024, of which $20,000,000, to remain December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1868 available until expended, shall be to carry out activities described in title II of division JJ of the Consolidated Ap- propriations Act, 2023 to support the adoption of innova- tive fishing gear deployment and fishing techniques to re- duce entanglement risk to North Atlantic right whales, in- cluding through cooperative agreements pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C.

3701).
3701).

PROCUREMENT, ACQUISITION AND CONSTRUCTION For an additional amount for ‘‘Procurement, Acquisi- tion and Construction’’ for the acquisition of hurricane hunter aircraft and related expenses as authorized under section 413(a) of the Weather Research and Forecasting 14 Innovation Act of 2017 (Public Law 115–25), 15 16 17 $327,701,000, to remain available until expended.
For an additional amount for ‘‘Procurement, Acquisi- tion and Construction’’, $108,838,000, to remain available 18 until September 30, 2025.
FISHERIES DISASTER ASSISTANCE For an additional amount for ‘‘Fisheries Disaster As- sistance’’ for necessary expenses associated with the miti- gation of fishery disasters, $300,000,000, to remain avail- able until expended: Provided, That such funds shall be used for mitigating the effects of commercial fishery fail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1869 ures and fishery resource disasters declared by the Sec- retary of Commerce.
DEPARTMENT OF JUSTICE FEDERAL PRISON SYSTEM BUILDINGS AND FACILITIES For an additional amount for ‘‘Buildings and Facili- ties’’, $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 En- vironmental Compliance and Restoration’’ for repair and replacement of National Aeronautics and Space Adminis- tration facilities damaged by Hurricanes Ian and Nicole or scheduled for derating due to deterioration, $189,400,000, to remain available until expended.
For an additional amount for ‘‘Construction and En- vironmental 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 re- search facilities and scientific equipment in calendar year December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1870 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 Sep- tember 30, 2024, of which $210,000,000 shall be to imple- ment the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167).
STEM EDUCATION For an additional amount for ‘‘STEM Education’’, $217,000,000, to remain available until September 30, 2024, of which $125,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167).
RELATED AGENCIES LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION For an additional amount for ‘‘Payment to the Legal Services Corporation’’ to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of hurricanes, flood- ing, wildfires, and other extreme weather that occurred during calendar year 2022, $20,000,000, to remain avail- able until September 30, 2023: Provided, That none of the funds appropriated in this Act to the Legal Services Cor- poration shall be expended for any purpose prohibited or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1871 limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105– 119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 2023, respectively, and except that sections 501 and 503 of Public Law 104– 134 (referenced by Public Law 105–119) shall not apply to the amount made available under this heading in this Act: Provided further, That, for the purposes of this Act, the Legal Services Corporation shall be considered an 13 agency of the United States.
GENERAL PROVISION—THIS TITLE SEC.

2201.
Unobligated balances from amounts made available in paragraph (1) under the heading ‘‘Procure- ment, Acquisition and Construction’’ in the Disaster Re- lief 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1872 on the budget for fiscal year 2022, are designated by the Congress as an emergency requirement pursuant to sec- tion 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 Main- tenance, 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 Main- tenance, 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 Main- tenance, Army National Guard’’, $16,572,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1873 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, in- cluding shore protection, studies that are currently au- thorized or that are authorized after the date of enactment of this Act, to reduce risks from future floods and hurri- canes, at full Federal expense, $5,000,000, to remain available until expended: Provided, That funds made avail- able under this heading in this Act shall be for high-pri- ority studies of projects in States and insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole: 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 de- tailed 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1874 Appropriations of both Houses of Congress: Provided fur- ther, That beginning not later than 60 days after the en- actment 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 Rep- resentatives 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 nec- essary expenses to address emergency situations at Corps of Engineers projects, construct Corps of Engineers projects, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $261,300,000, to remain available until expended: Pro- vided, That funds made available in this paragraph in this Act are available to construct flood and storm damage re- duction, including shore protection, projects which are currently authorized or which are authorized after the date of enactment of this Act, and flood and storm damage reduction, including shore protection, projects which have signed Chief’s Reports as of the date of enactment of this Act or which are studied using funds provided under the heading ‘‘Investigations’’ of this Act if the Secretary de- termines such projects to be technically feasible, economi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1875 cally 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 ex- pense: 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 para- graph 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 accord- ance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of comple- tion of the project or separable element: Provided further, That funds made available in this paragraph in this Act may be for ongoing projects that have previously received funds under this heading in the Disaster Relief 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 receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Disaster Relief Appropriations Act of 2013 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1876 (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 en- actment of this Act: Provided further, That projects receiv- ing funds pursuant to the preceding proviso, shall be sub- ject 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 Ap- propriations Act of 2022 (Public Law 117–43): Provided further, That construction of ongoing projects that have previously received funds under this heading from the Dis- aster Relief Supplemental Appropriations Act of 2022 (Public Law 117–43) to complete certain features, useful increments of work, or components of the project shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1877 at full Federal expense with respect to funds provided to the project under this heading in such Act or in this para- graph in this Act: Provided further, That of the sums ap- propriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible construc- tion costs for coastal harbors and channels, and for inland harbors eligible to be derived from the Harbor Mainte- nance 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: Pro- vided 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 Devel- opment 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 ap- propriated 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 oper- ation, maintenance, repair, replacement, and rehabilita- tion costs of the project and to hold and save the United States free from damages due to the construction or oper- ation and maintenance of the project, except for damages due to the fault or negligence of the United States or its December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1878 contractors: Provided further, That within 60 days of en- actment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appro- priations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project loca- tions, new construction projects selected to be initiated, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropria- tions of both Houses of Congress: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Represent- atives and the Senate detailing the allocation and obliga- tion 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 sec- tion 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1879 1151 (117th Congress), as engrossed in the House of Rep- resentatives on June 8, 2022.
For an additional amount for ‘‘Construction’’, $297,200,000, to remain available until expended: Pro- vided, That of the funds made available in this paragraph in this Act, $45,000,000 shall be for flood and storm dam- age 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 prin- cipally 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 reha- bilitation, construction, and related activities for rivers and harbors navigation projects, of which $10,000,000 shall be for authorized reimbursements: Provided further, That of the sums appropriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible construction costs for coastal harbors and chan- nels, and for inland harbors eligible to be derived from the Harbor Maintenance Trust Fund under section 101 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1880 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 avail- able in this paragraph in this Act, $19,000,000 shall be for other authorized project purposes, of which up to $11,900,000 shall be for the execution of comprehensive restoration plans developed by the Corps for major bodies of water: Provided further, That of the funds made avail- able in this paragraph in this Act, $28,500,000 shall be for environmental restoration or compliance: Provided fur- ther, That of the funds made available in this paragraph in this Act, $18,000,000 shall be for water-related envi- ronmental infrastructure assistance to make environ- mentally sound repairs and upgrades to water infrastruc- ture: 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 para- graph 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 Appropria- tions of both Houses of Congress.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1881 MISSISSIPPI RIVER AND TRIBUTARIES For an additional amount for ‘‘Mississippi River and Tributaries’’ for necessary expenses to address emergency situations at Corps of Engineers projects in response to, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $15,500,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligi- ble 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 Engi- neers shall submit directly to the House and Senate Com- mittees 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 Rep- resentatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1882 OPERATION AND MAINTENANCE For an additional amount for ‘‘Operation and Main- tenance’’ for necessary expenses to dredge Federal naviga- tion projects in response to, and repair damages to Corps of Engineers Federal projects caused by natural disasters, $324,000,000, to remain available until expended: Pro- vided, 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: 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 de- tailed 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 Assist- ant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appro- priations of the House of Representatives and the Senate detailing the allocation and obligation of the funds pro- vided in this paragraph in this Act.
For an additional amount for ‘‘Operation and Main- tenance’’, $52,800,000, to remain available until ex- pended: Provided, That of the amount provided in this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1883 paragraph in this Act, $36,000,000 shall be for necessary expenses at inland waterways projects: Provided further, That of the amount provided in this paragraph in this Act, $16,800,000 shall be for other authorized project pur- poses: 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 para- graph 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 Appropria- tions of both Houses of Congress.
FLOOD CONTROL AND COASTAL EMERGENCIES For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C.
701n), for necessary expenses to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters, as authorized by law, $519,200,000, to remain available until expended: Provided, That funding provided under this heading in this Act and utilized for authorized shore protection projects shall restore such projects to the full project pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1884 file at full Federal expense: Provided further, That begin- ning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly re- port directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the al- location and obligation of these fund provided under this heading in this Act.
EXPENSES For an additional amount for ‘‘Expenses’’ for nec- essary expenses to administer and oversee the obligation and expenditure of amounts provided in this Act for the Corps of Engineers, $5,000,000, to remain available until expended: Provided, That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act.
DEPARTMENT OF ENERGY ENERGY PROGRAMS ELECTRICITY For an additional amount for ‘‘Electricity’’, $1,000,000,000, to remain available until expended, to carry out activities to improve the resilience of the Puerto Rican electric grid, including grants for low and moderate December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1885 income households and households that include individuals with disabilities for the purchase and installation of renew- able energy, energy storage, and other grid technologies: Provided, That the Department of Energy shall coordinate with the Federal Emergency Management Agency and the Department of Housing and Urban Development on these activities.
POWER MARKETING ADMINISTRATIONS CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, WESTERN AREA POWER ADMINIS- TRATION For an additional amount for ‘‘Construction, Reha- bilitation, Operation and Maintenance, Western Area Power Administration’’, $520,000,000, to remain avail- able until expended, for the purchase of power and trans- mission services: Provided, That the amount made avail- able 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 Ad- ministration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover pur- chase power and wheeling expenses: Provided further, That of the amount made available under this heading in this Act, up to $100,000,000 may be transferred to Western Area Power Administration’s Colorado River Basins December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1886 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 avail- able until expended, for necessary expenses related to the consequences of Hurricane Ian, for repair and alteration of buildings under the jurisdiction, custody and control of the Administrator of General Services, and real property management and related activities not otherwise provided for: Provided, That the amount provided under this head- ing 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 Pro- gram 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1887 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 Ex- penses’’ for administrative expenses to carry out the dis- aster loan program or any disaster loan authorized by sec- tion 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 Sup- port’’, $39,250,000, to remain available until September 30, 2024, for necessary expenses related to the con- sequences of Hurricanes Fiona and Ian.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for ‘‘Procurement, Con- struction, and Improvements’’, $115,500,000, to remain available until September 30, 2027, for necessary expenses related to the consequences of Hurricanes Fiona and Ian.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1888 PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Disaster Relief Fund’’, $5,000,000,000, to remain available until ex- pended, for major disasters declared pursuant to the Rob- ert 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 General—Oper- ations and Support’’ for audits and investigations of ac- tivities 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 re- main available until expended, to carry out the Hermit’s Peak/Calf Canyon Fire Assistance Act, of which $1,000,000 shall be transferred to ‘‘Office of the Inspector General—Operations and Support’’ for oversight of activi- ties authorized by the Hermit’s Peak/Calf Canyon Fire Assistance Act: Provided, That the amounts provided under this heading in this Act shall be subject to the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1889 porting requirement in the third proviso of section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180).

GENERAL PROVISIONS—THIS TITLE SEC.

2601.
Notwithstanding sections 104(c) and (d) of the Hermit’s Peak/Calf Canyon Fire Assistance Act (di- vision 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 compen- sating for temporary injury, in an amount not to exceed $140,000,000 from funds made available under the head- ing ‘‘Hermit’s Peak/Calf Canyon Fire Assistance Ac- count’’ in this Act or in section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117– 16 180).
SEC.

2602.
For necessary expenses related to pro- viding customs and immigration inspection and pre-in- spection services at, or in support of ports of entry, pursu- ant to section 1356 of title 8, United States Code, and section 58c(f) of title 19, United States Code, and in addi- tion to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $309,000,000, to offset the loss of Immigration User Fee receipts collected pursuant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1890 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 nec- essary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023, including winter storm dam- ages 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 occur- ring in and prior to calendar year 2023.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1891 UNITED STATES GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH For an additional amount for ‘‘Surveys, Investiga- tions, and Research’’, $41,040,000, to remain available until expended, for necessary expenses related to the con- sequences of wildfires, hurricanes, and other natural disas- ters 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 ex- pended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occur- ring in and prior to calendar year 2023.
CONSTRUCTION For an additional amount for ‘‘Construction’’, $2,500,000, to remain available until expended, for nec- essary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023.
22 23 24 25 BUREAU OF INDIAN EDUCATION EDUCATION CONSTRUCTION For an additional amount for ‘‘Education Construc- tion’’, $90,465,000, to remain available until expended, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1892 for necessary expenses related to the consequences of flooding at the To’Hajiilee Community School.
DEPARTMENTAL OFFICES DEPARTMENT-WIDE PROGRAMS WILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Wildland Fire Man- agement’’, $75,000,000, to remain available until ex- pended, for wildland fire suppression activities.
For an additional amount for ‘‘Wildland Fire Man- agement’’, $429,000,000, to remain available until ex- pended: Provided, That of the funds provided under this paragraph in this Act, $383,657,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con.

Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res.
1151 (117th Congress), as engrossed in the House of Rep- resentatives on June 8, 2022: Provided further, That of the funds provided under this paragraph in this Act, $45,343,000 shall be available for fire preparedness.
ENVIRONMENTAL PROTECTION AGENCY LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM For an additional amount for ‘‘Leaking Underground Storage Tank Trust Fund Program’’, $1,000,000, to re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1893 main available until expended, for necessary expenses re- lated to the consequences of Hurricanes Fiona and Ian.
STATE AND TRIBAL ASSISTANCE GRANTS For an additional amount for ‘‘State and Tribal As- sistance Grants’’, $1,067,210,000, to remain available until expended, of which $665,210,000 shall be for capital- ization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $402,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided, That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds ap- propriated under this paragraph in this Act shall be pro- vided to States or Territories in EPA Regions 2 and 4 in amounts determined by the Administrator for waste- water treatment works and drinking water facilities im- pacted by Hurricanes Fiona and Ian: Provided further, That States or Territories shall prioritize funds, as appro- priate, to Tribes and disadvantaged communities: Pro- vided further, That notwithstanding the requirements of section 603(i) of the Federal Water Pollution Control Act and section 1452(d) of the Safe Drinking Water Act, for the funds appropriated under this paragraph in this Act, each State shall use 100 percent of the amount of its cap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1894 italization grants to provide additional subsidization to eli- gible recipients in the form of forgiveness of principal, negative interest loans or grants, or any combination of these: Provided further, That the funds appropriated under this paragraph in this Act shall be used for eligible projects whose purpose is to reduce flood or fire damage risk and vulnerability or to enhance resiliency to rapid hy- drologic 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 sub- ject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and 24 oversight.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1895 For an additional amount for ‘‘State and Tribal As- sistance Grants’’, $150,000,000, to remain available until expended, for technical assistance and grants under sec- tion 1442(b) of the Safe Drinking Water Act (42 U.S.C.
300j–1(b)) in areas where the President declared an emer- gency in August of fiscal year 2022 pursuant to the Rob- ert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5121 et seq.
5121 et seq.

): Provided, That the Adminis- trator 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 ad- ministration: Provided further, That the agency shall sub- mit an annual report to the Committees on Appropriations until all funds have been obligated, with a status on the 15 use of funds for this effort.
For an additional amount for ‘‘State and Tribal As- sistance 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): Pro- vided, 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 Terri- tories in EPA Region 4 in amounts determined by the Ad- ministrator in areas where there the President declared an emergency in August of fiscal year 2022 pursuant to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1896 the Robert T. Stafford Disaster Relief and Emergency As- sistance 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 appro- priated under this paragraph in this Act, each State shall use 100 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, grants, negative inter- est loans, other loan forgiveness, and through buying, refi- nancing, or restructuring debt or any combination thereof: Provided further, That the funds provided under this para- graph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Adminis- trator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and oversight.
RELATED AGENCIES DEPARTMENT OF AGRICULTURE FOREST SERVICE FOREST AND RANGELAND RESEARCH For an additional amount for ‘‘Forest and Rangeland Research’’, $2,000,000, to remain available until ex- pended, for necessary expenses related to the consequences December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1897 of calendar year 2020, 2021, and 2022 wildfires, hurri- canes, and other natural disasters.
STATE AND PRIVATE FORESTRY For an additional amount for ‘‘State and Private Forestry’’, $148,000,000, to remain available until ex- pended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurri- canes, and other natural disasters: Provided, That of the amounts made available under this heading in this Act, up to $20,000,000 is for grants to states to support eco- nomic recovery activities in communities damaged by wild- fire: 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 Sys- tem’’, $210,000,000, to remain available until expended, for necessary expenses related to the consequences of cal- endar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters, including for high priority post-wildfire restoration for watershed protection, public access and critical habitat, hazardous fuels mitigation for community protection, and burned area recovery.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1898 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 con- sequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters.
WILDLAND FIRE MANAGEMENT For an additional amount for ‘‘Wildland Fire Man- agement’’, $375,000,000, to remain available until ex- pended, for wildland fire suppression activities.

For an additional amount for ‘‘Wildland Fire Man- agement’’, $1,171,000,000, to remain available until ex- pended: Provided, That of the funds provided under this paragraph in this Act, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con.
Res.

14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res.

1151 (117th Congress), as engrossed in the House of Rep- resentatives on June 8, 2022: Provided further, That of the funds provided under this paragraph in this Act, 22 $160,000,000 shall be available for forest fire 23 presuppression.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1899 TITLE VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for ‘‘CDC-Wide Activities and Program Support’’, $86,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations in- curred for such purposes, prior to the date of enactment of this Act.
NATIONAL INSTITUTES OF HEALTH NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For an additional amount for ‘‘National Institute of Environmental Health Sciences’’, $2,500,000, to remain available until expended, for necessary expenses in car- rying out activities set forth in section 311(a) of the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and Reauthoriza- tion Act of 1986 related to the consequences of major dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1900 asters declared pursuant to the Robert T. Stafford Dis- aster 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 Direc- tor’’, $25,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act: Provided further, That funds appropriated under this heading in this Act may be transferred to the accounts of Institutes and Centers of the National Institutes of Health (NIH): Provided further, That this transfer au- thority is in addition to any other transfer authority avail- able to the NIH.
ADMINISTRATION FOR CHILDREN AND FAMILIES LOW INCOME HOME ENERGY ASSISTANCE For an additional amount for ‘‘Low Income Home Energy Assistance’’, $1,000,000,000, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1901 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 Assistance’’, $2,500,000,000, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C.

8621 et seq.).
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For an additional amount for ‘‘Payments to States for the Child Care and Development Block Grant’’, $100,000,000, to remain available through September 30, 2024, for necessary expenses directly related to the con- sequences of Hurricanes Fiona and Ian, including activi- ties 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 as- sessed 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 re- served, to remain available until expended, for Federal ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1902 ministration costs: Provided further, That such funds may be used for alteration, renovation, construction, equip- ment, and other capital improvement costs, including for child care facilities without regard to section 658F(b) of such Act, and for other expenditures related to child care, as necessary to meet the needs of areas affected by Hurri- canes Fiona and Ian: Provided further, That funds made available under this heading in this Act may be used with- out 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 pri- vately-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 ren- ovated 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1903 be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for in- surance, or by self-insurance: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through re- imbursement, 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 pay- ments 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 subse- quent 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1904 of the amount provided under this heading in this Act shall be for payments to States, Territories, and tribes for activities authorized under subpart 1 of part B of title IV of the Social Security Act, with such funds allocated based on assessed need notwithstanding section 423 of such Act and paid without regard to percentage 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 pay- ments to States, Territories, tribes, and coalitions for car- rying out sections 303(a) and 303(b) of the Family Vio- lence Prevention and Services Act, notwithstanding the matching requirements in section 306(c)(4) of such Act and allocated based on assessed need, notwithstanding section 303(a)(2) of such Act: Provided further, That the Secretary may make funds made available under the pre- ceding 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: Pro- vided further, That $25,000,000 of the amount made available under this heading in this Act shall be for pay- ments to States, territories, and tribes authorized under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1905 the Community Services Block Grant Act, with such funds allocated based on assessed need, notwithstanding sections 674(b), 675A, and 675B of such Act: Provided further, That notwithstanding section 676(b)(8) of the Community Services Block Grant Act, each State, Territory, or tribe receiving funds made available under the preceding pro- viso may allocate funds to eligible entities based on as- sessed need: Provided further, That for services furnished under the CSBG Act with funds appropriated under this heading in this Act, a State, territory or tribe that receives a supplemental grant award may apply the last sentence of section 673(2) of the CSBG Act by substituting ‘‘200 percent’’ for ‘‘125 percent’’: Provided further, That funds made available under this heading in this Act may be used for alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Pro- vided further, That the Secretary shall not retain Federal interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated, repaired, or rebuilt with funds appropriated under this heading in this Act, with the exception of funds appropriated for Head Start programs: Provided further, That funds made available under this heading in this Act shall not be available for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1906 costs that are reimbursed by the Federal Emergency Man- agement Agency, under a contract for insurance, or by self-insurance: Provided further, That up to $18,000,000, to remain available until expended, shall be available for Federal administrative expenses: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act.
OFFICE OF THE SECRETARY PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Public Health and So- cial Services Emergency Fund’’, $128,792,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act (referred to under this heading as the ‘‘PHS Act’’): Provided, That funds made available under this heading in this Act may be used for alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Pro- vided further, That funds made available under this head- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1907 ing in this Act may be used for the purchase or hire of vehicles: Provided further, That of the amount made avail- able under this heading in this Act, $65,000,000 shall be transferred to ‘‘Health Resources and Services Adminis- tration—Primary Health Care’’ for expenses directly re- lated to a disaster or emergency for disaster response and recovery, for the Health Centers Program under section 330 of the PHS Act, including alteration, renovation, con- struction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by a dis- aster or emergency: Provided further, That the time limita- tion in section 330(e)(3) of the PHS Act shall not apply to funds made available under the preceding proviso: Pro- vided further, That of the amount made available under this heading in this Act, not less than $22,000,000 shall be transferred to ‘‘Substance Abuse and Mental Health Services Administration—Health Surveillance and Pro- gram Support’’ for grants, contracts, and cooperative agreements for behavioral health treatment (including screening and diagnosis), treatment of substance use dis- orders (including screening and diagnosis), crisis coun- seling, and other related helplines, and for other similar programs to provide support to individuals impacted by a disaster or emergency: Provided further, That of the amount made available under this heading in this Act, not December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1908 less than $15,000,000 shall be transferred to ‘‘Adminis- tration for Community Living—Aging and Disability Services Programs’’ for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Pro- vided further, That funds made available under the pre- ceding proviso are not subject to the allotment, reserva- tion, matching, or application and State and area require- ments of the Older Americans Act of 1965 and Rehabilita- tion 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 re- lated 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 fur- ther, That of the amount made available under this head- ing in this Act, up to $2,000,000, to remain available until expended, shall be transferred to ‘‘Office of the Sec- retary—Office of Inspector General’’ for oversight of ac- tivities 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 re- spond to a critical hiring need for emergency response po- sitions, after providing public notice and without regard December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1909 to the provisions of sections 3309 through 3319 of title 5, United States Code, the Secretary may appoint can- didates directly to the following positions, consistent with subsection (b), to perform critical work directly relating to the consequences of Hurricanes Fiona and Ian: (1) Intermittent disaster-response personnel in the National Disaster Medical System, under section 2812 of the Public Health Service Act (42 U.S.C.

300hh–11).
300hh–11).

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

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

17 SEC.

2802.
Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appro- priated 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 ac- tivity, to the Committees on Appropriations: Provided, That no such funds shall be obligated before the operating plans are provided to the Committees: Provided further, That such plans shall be updated, including obligations to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1910 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 avail- able until September 30, 2025, for necessary expenses re- lated 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 Appropria- tions of the House of Representatives and the Senate an expenditure plan for funds provided under this heading in this Act: Provided further, That such funds may be obli- gated or expended for planning and design and military construction projects not otherwise authorized by law.
TITLE X DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION EMERGENCY RELIEF PROGRAM For an additional amount for the ‘‘Emergency Relief Program’’ as authorized under section 125 of title 23, United States Code, $803,000,000, to remain available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1911 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 af- fected 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 manage- ment 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1912 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For an additional amount for ‘‘Tenant-Based Rental Assistance’’, $2,653,580,000, to remain available until ex- pended, for activities specified in paragraph (1) (excluding any set-asides) of such heading in title II of division L of this consolidated Act.
COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for ‘‘Community Develop- ment Fund’’, $3,000,000,000, to remain available until expended, for the same purposes and under the same terms and conditions as funds appropriated under such heading in title VIII of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117– 43), except that such amounts shall be for major disasters that occurred in 2022 or later until such funds are fully allocated and the fourth, twentieth, and twenty-first pro- visos under such heading in such Act shall not apply: Pro- vided, 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- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1913 related eligible activity under section 105(a) of the Hous- ing 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 con- tracting and procurement processes, to support States, units of general local government, or Indian tribes (and their subrecipients) that receive allocations related to major disasters under this heading in this, prior, or future Acts: Provided further, That of the amounts made avail- able under this heading in this Act, up to $5,000,000 shall be transferred to ‘‘Department of Housing and Urban De- velopment—Program Office Salaries and Expenses— Community Planning and Development’’ for necessary costs, including information technology costs, of admin- istering and overseeing the obligation and expenditure of amounts made available under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Provided further, That the amount specified in the pre- ceding proviso shall be combined with funds appropriated under this same heading for this same purpose in any prior Acts and the aggregate of such amounts shall be available for the costs of administering and overseeing any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1914 funds appropriated to the Department related to major disasters in this, prior, or future Acts, notwithstanding the purposes for which such funds were appropriated: Pro- vided further, That of the amounts made available under this heading in this Act, up to $5,000,000 shall be trans- ferred to ‘‘Department of Housing and Urban Develop- ment—Office of the Inspector General’’ for necessary costs of overseeing and auditing amounts made available under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emer- gency Deficit Control Act of 1985 or a concurrent resolu- tion on the budget are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con.
Res.

14 (117th Congress), the concurrent resolu- tion 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1915 HOUSING PROGRAMS PROJECT-BASED RENTAL ASSISTANCE For an additional amount for ‘‘Project-Based Rental Assistance’’, $969,420,000, to remain available until ex- pended.

TITLE XI GENERAL PROVISIONS—THIS ACT SEC.

21101.


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

SEC.

21102.

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

SEC.

21103.
SEC.

21103.

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

19 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 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1916 1 2 This division may be cited as the ‘‘Disaster Relief Supplemental Appropriations Act, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1917 DIVISION O—EXTENDERS AND TECHNICAL CORRECTIONS TITLE I—NATIONAL CYBERSECU- RITY PROTECTION SYSTEM AUTHORIZATION EXTENSION SEC.

101.

EXTENSION OF DHS AUTHORITY AND REPORTING.

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

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

TITLE II—NDAA TECHNICAL CORRECTIONS SEC.

201.

BASIC NEEDS ALLOWANCE TECHNICAL CORREC- TION.
(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 insert- ing ‘150 percent’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1918 ‘‘(C) by striking ‘; and’ and inserting ‘; or’; and ‘‘(D) by inserting at the end the following: ‘‘ ‘(B) if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the house- hold 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 enact- ment of such Act.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

202.

TECHNICAL CORRECTION RELATING TO APPLICA- 1919 BILITY OF AGREEMENT BY A CADET OR MID- SHIPMAN TO PLAY PROFESSIONAL SPORT CONSTITUTING BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) IN GENERAL.—Section 553 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following new subsection: ‘‘(d) APPLICABILITY.—The amendments made by this section shall only apply with respect to a cadet or midshipman who first enrolls in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after June 1, 2021.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date of the enact- ment of the James M. Inhofe National Defense Authoriza- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1920 note) shall be applied by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2015’’.

SEC.

302.

NON-MINISTER RELIGIOUS WORKERS.

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

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

SEC.

303.
SEC.

303.

H–2B SUPPLEMENTAL VISAS EXEMPTION.

Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor, and upon determining that the needs of American busi- nesses 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 limi- tation by not more than the highest number of H–2B non- immigrants who participated in the H–2B returning work- er program in any fiscal year in which returning workers were exempt from such numerical limitation.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

304.

RURAL HEALTHCARE WORKERS.

1921 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 amend- ed by inserting ‘‘or Authority’’ after ‘‘a Commis- sion’’.

(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 con- sist of areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1922 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C.

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

‘‘(2) Indiana.

‘‘(3) Michigan.


‘‘(4) Minnesota.

‘‘(5) New York.

‘‘(6) Ohio.

‘‘(7) Pennsylvania.

‘‘(8) Wisconsin.’’.

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

Great Lakes Authority.’’.

SEC.

402.

REAUTHORIZATION OF NATIONAL WILDLIFE REF- UGE SYSTEM VOLUNTEER SERVICES, COMMU- NITY PARTNERSHIP, AND REFUGE EDU- CATION PROGRAMS.
Section 7(g) of the Fish and Wildlife Act of 1956 (16 U.S.C.

742f) is amended by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

SEC.

403.

NUMBERING OF SEGMENT.

Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102– December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1923 240; 109 Stat.

598; 133 Stat.


3018) is amended by strik- ing the seventh, eighth, and ninth sentences.

SEC.

404.

PATRICK LEAHY LAKE CHAMPLAIN BASIN PRO- GRAM.

(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 ‘‘PAT- RICK LEAHY’’ before ‘‘LAKE’’; (2) by inserting ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Program’’ each place it appears; (3) in subsection (g)(1), in the paragraph head- ing, by striking ‘‘LAKE’’ and inserting ‘‘PATRICK LEAHY LAKE’’; and (4) by amending subsection (i) to read as fol- lows: ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Administrator to carry out this section $35,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.’’.
(b) CONFORMING AMENDMENT.—Section 1201(c) of the Nonindigenous Aquatic Nuisance Prevention and Con- trol Act of 1990 (16 U.S.C.

4721) is amended by inserting ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Pro- gram’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1924 (c) REFERENCES.—Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘‘Lake Champlain Basin Program’’ shall be deemed to be a reference to the Patrick Leahy Lake Champlain Basin Program.

SEC.

405.

CLEAN SCHOOL BUS PROGRAM.

Section 741 of the Energy Policy Act of 2005 (42 U.S.C.
16091) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) by inserting ‘‘, lease, license, or contract for service’’ after ‘‘to sell’’; and (II) by inserting ‘‘, lease, license, or contract for service’’ after ‘‘that own’’; and (ii) in subparagraph (B), by inserting ‘‘, lease, license, or contract for service’’ before the period at the end; and (B) in paragraph (5)(A)— (i) in clause (i)(II), by inserting ‘‘, lease, license, or contract for service’’ after ‘‘purchase’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1925 (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 Sec- ondary Education Act of 1965 (20 U.S.C.
7221i)) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or’’; and (v) in subclause (II) of clause (v) (as so redesignated), by inserting ‘‘, lease, li- cense, or contract for service’’ after ‘‘pur- chase’’; and (2) in subsection (b)(5)(A), by inserting ‘‘, ex- cept that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local edu- cational 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1926 under paragraph (7)’’ before the semicolon at the end.

TITLE V—SAFETY ENHANCEMENTS SEC.

501.

AMENDMENTS TO THE FLIGHT CREW ALERTING REQUIREMENTS.

(a) IN GENERAL.—Chapter 447 of title 49, United States Code, is amended by inserting after section 44743 the following: ‘‘§ 44744.
Flight crew alerting ‘‘(a) IN GENERAL.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless such airplane in- corporates a flight crew alerting system that, at a min- imum— ‘‘(1) displays and differentiates among warn- ings, cautions, and advisories; and ‘‘(2) includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures.
‘‘(b) LIMITATION.—The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Admin- istrator prior to December 27, 2020.

‘‘(c) SAFETY ENHANCEMENTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1927 ‘‘(1) RESTRICTION ON AIRWORTHINESS CER- TIFICATE 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 airworthi- ness 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 in- cludes 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1928 ‘‘(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 ‘safe- ty enhancement’ means any design change to the flight crew alerting system approved by the Adminis- trator for the Boeing 737-10, including— ‘‘(A) a— ‘‘(i) synthetic enhanced angle-of-at- tack system; and ‘‘(ii) means to shut off stall warning and overspeed alerts; or ‘‘(B) any design changes equivalent to sub- paragraph (A) determined appropriate by the Administrator.’’.
(b) REPEAL OF ACSAA SECTION 116(B)(1).—Sec- tion 116 of the Aircraft Certification, Safety, and Ac- countability Act (49 U.S.C.
44704 note) is amended by striking subsection (b) and inserting the following: ‘‘(b) PROHIBITION.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category aircraft unless, in the case of a transport category aircraft other than a transport air- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1929 plane, the type certificate applicant provides a means ac- ceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by cockpit or flight manual proce- dures).’’.

(c) COSTS.—Any costs associated with the safety en- hancements 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 en- hancements, pilot procedures, or training require- ments 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 amend- ed by inserting after the item relating to section 44743 the following: ‘‘44744.

Flight Crew Alerting.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1930 TITLE VI—EXTENSION OF TEM- FOR SUB- ORDER PORARY FENTANYL-RELATED STANCES SEC.

601.
601.

EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED SUBSTANCES.

Effective as if included in the enactment of the Tem- porary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116– 114), section 2 of such Act is amended by striking ‘‘De- cember 31, 2022’’and inserting ‘‘December 31, 2024’’.

TITLE VII—FEDERAL TRADE COMMISSION OVERSIGHT OF INTEGRITY HORSERACING AND SAFETY AUTHORITY SEC.

701.
701.

FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY AND SAFETY AU- THORITY.

Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 (15 U.S.C.
3053(e)) is amended to 21 read as follows: 22 23 24 25 ‘‘(e) AMENDMENT BY COMMISSION OF RULES OF AU- THORITY.—The Commission, by rule in accordance with section 553 of title 5, United States Code, may abrogate, add to, and modify the rules of the Authority promulgated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1931 in accordance with this Act as the Commission finds nec- essary 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 pur- poses of this Act.’’.

TITLE VIII—UNITED STATES PA- ROLE COMMISSION EXTEN- SION SEC.

801.

UNITED STATES PAROLE COMMISSION EXTEN- SION.


(a) SHORT TITLE.—This section may be cited as the ‘‘United States Parole Commission Additional Extension 14 Act of 2022’’.

15 (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’’, 23 respectively.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1932 (c) EFFECTIVE DATE.—Subsection (b) shall take ef- fect as though enacted as part of the Further Continuing Appropriations and Extensions Act, 2023.

(d) SUPERSEDED PROVISION.—Section 103 of divi- sion B of the Further Continuing Appropriations and Ex- tensions 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 ‘‘De- cember 23, 2022’’ and inserting ‘‘March 9, 2023’’.

TITLE X—BUDGETARY EFFECTS SEC.

1001.

BUDGETARY EFFECTS.

(a) STATUTORY PAYGO SCORECARDS.—The budg- etary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard main- tained pursuant to section 4(d) of the Statutory Pay-As- 19 You-Go Act of 2010.
20 21 22 23 (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 Con- 24 gress).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1933 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Re- port 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and each succeeding divi- sion shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Com- mittee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
(d) BALANCES ON THE PAYGO SCORECARDS.— (1) FISCAL YEAR 2023.—For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
934) after adjournment of the second session of the 117th Congress, and for determining whether a se- questration order is necessary under such section, the debit for the budget year on the 5-year score- card, if any, and the 10-year scorecard, if any, shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1934 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 se- questration order is necessary under such section, the debit for the budget year on the 5-year score- card, if any, and the 10-year scorecard, if any, shall be deducted from such scorecards in 2024 and added to such scorecards in 2025.
DIVISION P—ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION IMPROVEMENT SEC.

1.

SHORT TITLE, ETC.

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

20 21 22 23 TITLE I—ELECTORAL COUNT REFORM ACT SEC.

101.

SHORT TITLE.

This title may be cited as the ‘‘Electoral Count Re- 24 form Act of 2022’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1935 SEC.

102.
1935 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: ‘‘(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 neces- sitated by force majeure events that are extraor- dinary and catastrophic, as provided under laws of the State enacted prior to such day, ‘election day’ shall include the modified period of voting.’’.
(c) CONFORMING AMENDMENT.—The table of con- tents for chapter 1 of title 3, United States Code, is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1936 amended by striking the item relating to section 1 and inserting the following: ‘‘1.

Time of appointing electors.’’.

SEC.

103.

CLARIFICATION WITH RESPECT TO VACANCIES IN ELECTORAL COLLEGE.

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

SEC.

104.
SEC.

104.

CERTIFICATE OF ASCERTAINMENT OF APPOINT- MENT 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 ascertainment of appointment of electors, under and in pursuance of the laws of such State providing for such appointment and as- certainment enacted prior to election day.
‘‘(2) FORM OF CERTIFICATE.—Each certificate of ascertainment of appointment of electors shall— ‘‘(A) set forth the names of the electors appointed and the canvass or other determina- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1937 tion under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; ‘‘(B) bear the seal of the State; and ‘‘(C) contain at least one security feature, as determined by the State, for purposes of verifying the authenticity of such certificate.
‘‘(b) TRANSMISSION.—It shall be the duty of the ex- ecutive of each State— ‘‘(1) to transmit to the Archivist of the United States, immediately after the issuance of a certifi- cate of ascertainment of appointment of electors and by the most expeditious method available, such cer- tificate 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 re- quired to meet under section 7, six duplicate-origi- nals of the same certificate.
‘‘(c) TREATMENT OF CERTIFICATE AS CONCLU- SIVE.—For purposes of section 15: ‘‘(1) IN GENERAL.— ‘‘(A) CERTIFICATE ISSUED BY EXECU- TIVE.—Except as provided in subparagraph December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1938 (B), a certificate of ascertainment of appoint- ment of electors issued pursuant to subsection (a)(1) shall be treated as conclusive in Congress with respect to the determination of electors ap- pointed by the State.
‘‘(B) CERTIFICATES ISSUED PURSUANT TO COURT ORDERS.—Any certificate of ascertain- ment of appointment of electors required to be issued or revised by any State or Federal judi- cial relief granted prior to the date of the meet- ing of electors shall replace and supersede any other certificates submitted pursuant to this section.
‘‘(2) DETERMINATION OF FEDERAL QUES- TIONS.—The determination of Federal courts on questions arising under the Constitution or laws of the United States with respect to a certificate of as- certainment of appointment of electors shall be con- clusive in Congress.
‘‘(d) VENUE AND EXPEDITED PROCEDURE.— ‘‘(1) IN GENERAL.—Any action brought by an aggrieved candidate for President or Vice President that arises under the Constitution or laws of the United States with respect to the issuance of the certification required under section (a)(1), or the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1939 transmission of such certification as required under subsection (b), shall be subject to the following rules: ‘‘(A) VENUE.—The venue for such action shall be the Federal district court of the Fed- eral district in which the State capital is lo- cated.
‘‘(B) 3-JUDGE PANEL.—Such action shall be heard by a district court of three judges, convened pursuant to section 2284 of title 28, United States Code, except that— ‘‘(i) the court shall be comprised of two judges of the circuit court of appeals in which the district court lies and one judge of the district court in which the ac- tion 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1940 ‘‘(D) APPEALS.—Notwithstanding section 1253 of title 28, United States Code, the final judgment of the panel convened under subpara- graph (B) may be reviewed directly by the Su- preme Court, by writ of certiorari granted upon petition of any party to the case, on an expe- dited 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 sub- section— ‘‘(A) shall be construed solely to establish venue and expedited procedures in any action brought by an aggrieved candidate for Presi- dent or Vice President as specified in this sub- section that arises under the Constitution or laws of the United States; and ‘‘(B) shall not be construed to preempt or displace any existing State or Federal cause of action.’’.
(b) EXECUTIVE OF A STATE.—Section 21 of title 3, United States Code, as amended by section 102(b), is amended by striking paragraph (3) and inserting the fol- lowing: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1941 ‘‘(3) ‘executive’ means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when the laws or constitution of a State in effect as of election day expressly re- quire a different State executive to perform the du- ties identified under this chapter.’’.
(c) CONFORMING AMENDMENTS.— (1) Section 9 of title 3, United States Code, is amended by striking ‘‘annex to each of the certifi- cates 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 elec- tors’’.

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

SEC.

105.

DUTIES OF THE ARCHIVIST.

(a) IN GENERAL.—Section 6 of title 3, United States Code, is amended to read as follows: ‘‘§ 6.
Duties of Archivist ‘‘The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall— 25 ‘‘(1) be preserved for one year; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1942 ‘‘(2) be a part of the public records of such of- fice; and ‘‘(3) be open to public inspection.’’.
(b) CONFORMING AMENDMENT.—The table of con- tents 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 ‘‘Tues- day’’; 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 strik- ing ‘‘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 21 electors’’.

22 23 24 SEC.

107.

TRANSMISSION OF CERTIFICATES OF VOTES.


(a) IN GENERAL.—Section 11 of title 3, United States Code, is amended to read as follows: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1943 ‘‘§ 11.
1943 ‘‘§ 11.

Transmission of certificates by electors ‘‘The electors shall immediately transmit at the same time and by the most expeditious method available the cer- tificates of votes so made by them, together with the an- nexed certificates of ascertainment of appointment of elec- tors, as follows: ‘‘(1) One set shall be sent to the President of the Senate at the seat of government.
‘‘(2) Two sets shall be sent to the chief election officer of the State, one of which shall be held sub- ject 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 of- fice 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 Presi- dent 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 con- tents for chapter 1 of title 3, United States Code, is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1944 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 elec- tors 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 insert- ing ‘‘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 insert- ing ‘‘by the most expeditious method available’’.
(b) CONTINUED FAILURE.—Section 13 of title 3, United States Code, is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1945 (1) by inserting ‘‘, after the meeting of the elec- tors 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 insert- ing ‘‘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 ELEC- TORAL VOTES.

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

The Senate and House of Representatives shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1946 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 oth- erwise provided in this chapter, the role of the Presi- dent of the Senate while presiding over the joint ses- sion shall be limited to performing solely ministerial duties.
‘‘(2) POWERS EXPLICITLY DENIED.—The Presi- dent of the Senate shall have no power to solely de- termine, accept, reject, or otherwise adjudicate or re- solve disputes over the proper certificate of ascer- tainment of appointment of electors, the validity of electors, or the votes of electors.
‘‘(c) APPOINTMENT OF TELLERS.—At the joint ses- sion of the Senate and House of Representatives described in subsection (a), there shall be present two tellers pre- viously appointed on the part of the Senate and two tellers previously appointed on the part of the House of Rep- resentatives by the presiding officers of the respective chambers.
23 24 25 ‘‘(d) PROCEDURE AT JOINT SESSION GENERALLY.— ‘‘(1) IN GENERAL.—The President of the Sen- ate shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1947 ‘‘(A) open the certificates and papers pur- porting to be certificates of the votes of electors appointed pursuant to a certificate of ascertain- ment of appointment of electors issued pursu- ant 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 pres- ence and hearing of the two Houses.
‘‘(2) ACTION ON CERTIFICATE.— ‘‘(A) IN GENERAL.—Upon the reading of each certificate or paper, the President of the Senate shall call for objections, if any.
‘‘(B) REQUIREMENTS FOR OBJECTIONS OR QUESTIONS.— ‘‘(i) OBJECTIONS.—No objection or other question arising in the matter shall be in order unless the objection or ques- tion— ‘‘(I) is made in writing; ‘‘(II) is signed by at least one- fifth of the Senators duly chosen and sworn and one-fifth of the Members of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1948 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 ap- pointment of electors according to sec- tion 5(a)(1).
‘‘(II) The vote of one or more electors has not been regularly given.

‘‘(C) CONSIDERATION OF OBJECTIONS AND QUESTIONS.— ‘‘(i) IN GENERAL.—When all objec- tions so made to any vote or paper from a State, or other question arising in the mat- ter, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1949 Speaker of the House of Representatives shall, in like manner, submit such objec- tions and questions to the House of Rep- resentatives 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 concur- ring 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 sub- mitted.

No vote or paper from any other State shall be acted upon until the objections pre- viously made to any vote or paper from any State , and other questions arising in the mat- ter, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1950 issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and ‘‘(ii) no vote of an elector described in clause (i) which has been regularly given shall be rejected.
‘‘(B) EXCEPTION.—The vote of an elector who has been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5 shall not be counted if— ‘‘(i) there is an objection which meets the requirements of subsection (d)(2)(B)(i); and ‘‘(ii) each House affirmatively sus- tains the objection as valid.
‘‘(2) DETERMINATION OF MAJORITY.—If the number of electors lawfully appointed by any State pursuant to a certificate of ascertainment of ap- pointment of electors that is issued under section 5 is fewer than the number of electors to which the State is entitled under section 3, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the purpose of determining December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1951 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; DECLARA- TION OF WINNER.—The tellers shall make a list of the votes as they shall appear from the said certifi- cates; and the votes having been ascertained and counted according to the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon an- nounce the state of the vote, which announcement shall be deemed a sufficient declaration of the per- sons, 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 con- tents 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.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1952 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 fol- lows: ‘‘§ 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 objec- tions 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 with- out further debate.’’.
(b) PARLIAMENTARY PROCEDURE.—Section 18 of title 3, United States Code, is amended by inserting 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1953 ‘‘under section 15(d)(2)(C)(i)’’ after ‘‘motion to with- draw’’.

(c) CONFORMING AMENDMENTS.— (1) Sections 16 of title 3, United States Code, is amended by striking ‘‘meeting’’ each place it ap- pears 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 ap- pears 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 re- lating to section 16 and inserting ‘‘session’’; and (B) by striking ‘‘meeting’’ in the item re- lating 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: 23 24 25 ‘‘§ 22.

Severability ‘‘If any provision of this chapter, or the applica- tion of a provision to any person or circumstance, is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1954 held to be unconstitutional, the remainder of this chapter, and the application of the provisions to any person or circumstance, shall not be affected by the holding.’’.

(b) CONFORMING AMENDMENT.—The table of con- tents 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.
201.

SHORT TITLE.

This title may be cited as the ‘‘Presidential Transi- tion Improvement Act’’.

13 SEC.

202.

MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF 1963.

(a) IN GENERAL.—Section 3 of the Presidential Transition Act of 1963 (3 U.S.C.
102 note) is amended by striking subsection (c) and inserting the following: ‘‘(c)(1) APPARENT SUCCESSFUL CANDIDATES.— ‘‘(A) IN GENERAL.—For purposes of this Act, the ‘apparent successful candidate’ for the office of President and Vice President, respectively, shall be determined as follows: ‘‘(i) If all but one eligible candidate for the office of President and one eligible candidate for the office of Vice President, respectively, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1955 concede the election, then the candidate for each such office who has not conceded shall be the apparent successful candidate for each such office.
‘‘(ii) If, on the date that is 5 days after the date of the election, more than one eligible can- didate for the office of President has not con- ceded 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 of- fice of President is treated as the apparent suc- cessful 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 can- didate for the office of President is treated as the apparent successful candidate pursuant to clause (iv).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1956 ‘‘(iv) If a single candidate for the office of President or Vice President is the apparent suc- cessful candidate for such office under subpara- graph (C), that candidate shall solely be treated as the apparent successful candidate for that office.
‘‘(B) INTERIM DISCRETIONARY QUALIFICA- TIONS.—On or after the date that is 5 days after the date of the election, the Administrator may de- termine 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 substan- tially certain the candidate will receive a majority of the pledged votes of electors, based on consideration of the following factors: ‘‘(i) The results of the election for such of- fice in States in which significant legal chal- lenges that could alter the outcome of the elec- tion in the State have been substantially re- solved, such that the outcome is substantially certain.
‘‘(ii) The certified results of the election for such office in States in which the certifi- cation is complete.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 1957 ‘‘(iii) The results of the election for such office in States in which there is substantial certainty of an apparent successful candidate based on the totality of the circumstances.
‘‘(C) MANDATORY QUALIFICATIONS.— ‘‘(i) IN GENERAL.—Notwithstanding sub- paragraph (A) or (B), a candidate shall be the sole apparent successful candidate for the office of President or Vice President pursuant to sub- paragraph (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 re- counts, legal actions, or administrative ac- tions pertaining to the results of the elec- tion for such office; ‘‘(II) in the case where subclause (I) is not met, the candidate receives a major- ity 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 sub- clause (I) or (II) is met, the candidate is declared as the person elected to such of- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1958 fice at the joint session of Congress under section 15 of title 3, United States Code.

‘‘(ii) CLARIFICATION IF STATE UNABLE TO CERTIFY ELECTION RESULTS OR APPOINTS MORE THAN ONE SLATE OF ELECTORS.—For purposes of subclauses (I) and (II) of clause (i), if a State is unable to certify its election results or a State appoints more than one slate of elec- tors, the votes of the electors of such State shall not count towards meeting the qualifica- tions under such subclauses.
‘‘(2) PERIOD OF MULTIPLE POSSIBLE APPARENT SUCCESSFUL CANDIDATES.—During any period in which there is more than one possible apparent successful can- didate 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 de- scribed 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 des- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1959 ignated under subsection (f)(1) to oversee and imple- ment the activities of the agency, component, or sub- component relating to the Presidential transition, shall make efforts to ensure that each such can- didate is provided equal access to agency informa- tion and spaces as requested pursuant to this Act; ‘‘(C) the Administrator shall provide weekly re- ports to Congress containing a brief summary of the status of funds being distributed to such candidates under this Act, the level of access to agency informa- tion and spaces provided to such candidates, 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 appar- ent 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 ef- fective, 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 de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1960 scription 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 ‘eli- gible candidate’ has the meaning given that term in sub- section (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 ‘‘PRESI- DENTS-ELECT AND VICE-PRESIDENTS- ELECT’’ and inserting ‘‘APPARENT SUCCESS- FUL CANDIDATES’’; (B) in subsection (a)— (i) in the matter preceding paragraph (1)— (I) by striking ‘‘each President- elect, each Vice-President-elect’’ and inserting ‘‘each apparent successful candidate for the office of President and Vice President (as determined by subsection (c))’’; and (II) by striking ‘‘the President- elect and Vice-President-elect’’ and in- serting ‘‘each such candidate’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1961 (ii) in paragraph (1)— (I) by striking ‘‘the President- elect, the Vice-President-elect’’ and in- serting ‘‘the apparent successful can- didate’’; and (II) by striking ‘‘the President- elect or Vice-President-elect’’ and in- serting ‘‘the apparent successful can- didate’’; (iii) in paragraphs (2), (3), (4), and (5), by striking ‘‘the President-elect or Vice-President-elect’’ each place it appears and inserting ‘‘the apparent successful candidate’’; (iv) in paragraph (4)(B), by striking ‘‘the President-elect, the Vice-President- elect, or the designee of the President-elect or Vice-President-elect’’ and inserting ‘‘the apparent successful candidate or their des- ignee’’; (v) in paragraph (8), in subparagraph (A)(v) and (B), by striking ‘‘the President- elect’’ and inserting ‘‘the apparent success- ful candidate for the office of President’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1962 (vi) in paragraph (10)— (I) by striking ‘‘any President- elect, Vice-President-elect, or eligible candidate’’ and inserting ‘‘any appar- ent successful candidate or eligible candidate’’; and (II) by striking ‘‘the President- elect and Vice President-elect’’ and in- serting ‘‘the apparent successful can- didates’’; (C) in subsection (b)— (i) in paragraph (1), by striking ‘‘the President-elect or Vice-President-elect, or after the inauguration of the President- elect as President and the inauguration of the Vice-President-elect as Vice President’’ and inserting ‘‘the apparent successful candidates, or after the inauguration of the apparent successful candidate for the office of President as President and the inau- guration of the apparent successful can- didate for the office of Vice President as Vice President’’; and (ii) in paragraph (2), by striking ‘‘the President-elect, Vice-President-elect’’ and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1963 inserting ‘‘the apparent successful can- didate’’; (D) in subsection (d)— (i) in the first sentence, by striking ‘‘Each President-elect’’ and inserting ‘‘Each apparent successful candidate for the office of President’’; and (ii) in the second sentence, by striking ‘‘Each Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate for the office of Vice-President’’; (E) in subsection (e)— (i) in the first sentence, by striking ‘‘Each President-elect and Vice-President- elect’’ and inserting ‘‘Each apparent suc- cessful candidate’’; and (ii) in the second sentence, by striking ‘‘any President-elect or Vice-President- elect may be made upon the basis of a cer- tificate by him or the assistant designated by him’’ and inserting ‘‘any apparent suc- cessful candidate may be made upon the basis of a certificate by the candidate or their designee’’; (F) in subsection (f)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1964 (i) in paragraph (1), by striking ‘‘The President-elect’’ and inserting ‘‘Any appar- ent successful candidate for the office of President’’; and (ii) in paragraph (2), by striking ‘‘in- auguration of the President-elect as Presi- dent and the inauguration of the Vice- President-elect as Vice President’’ and in- serting ‘‘inauguration of the apparent suc- cessful candidate for the office of President as President and the inauguration of the apparent successful candidate for the office of Vice President as Vice President’’; (G) in subsection (g), by striking ‘‘In the case where the President-elect is the incumbent President or in the case where the Vice-Presi- dent-elect is the incumbent Vice President’’ and inserting ‘‘In the case where an apparent suc- cessful candidate for the office of President is the incumbent President or in the case where an apparent successful candidate for the office of Vice President is the incumbent Vice Presi- dent’’; (H) in subsection (h)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1965 (i) in paragraph (2)(B)(iv), by strik- ing ‘‘the President-elect or Vice-President- elect’’ and inserting ‘‘an apparent success- ful candidate’’; and (ii) in paragraph (3)(B)(iii), by strik- ing ‘‘the President-elect or Vice-President- elect’’ and inserting ‘‘an apparent success- ful candidate’’; and (I) in subsection (i)(3)(C)— (i) in clause (i), by striking ‘‘the inau- guration of the President-elect as Presi- dent and the inauguration of the Vice- President-elect as Vice President’’ and in- serting ‘‘the inauguration of the apparent successful candidate for the office of Presi- dent 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 re- quest of the apparent successful can- didate’’; (2) in section 4— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1966 (A) in subsection (e)— (i) in paragraph (1)(B), by striking ‘‘the President-elect and Vice-President- elect’’ and inserting ‘‘the apparent success- ful candidates (as determined by section 3(c))’’; and (ii) in paragraph (4)(B), by striking ‘‘the President-elect is inaugurated’’ and inserting ‘‘the apparent successful can- didate for the office of President is inaugu- rated’’; 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 insert- ing ‘‘the apparent successful candidate for the office of President’’; (3) in section 5, in the first sentence, by strik- ing ‘‘Presidents-elect and Vice-Presidents-elect’’ and inserting ‘‘apparent successful candidates (as deter- mined by section 3(c))’’; (4) in section 6— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1967 (A) in subsection (a)— (i) in paragraph (1)— (I) by striking ‘‘The President- elect and Vice-President-elect’’ and in- serting ‘‘Each apparent successful candidate (as determined by section 3(c))’’; and (II) by striking ‘‘the President- elect or Vice-President-elect’’ and in- serting ‘‘the apparent successful can- didate’’; (ii) in paragraph (2), by striking ‘‘The President-elect and Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate’’; and (iii) in paragraph (3)(A), by striking ‘‘inauguration of the President-elect as President and the Vice-President-elect as Vice President’’ and inserting ‘‘inaugura- tion of the apparent successful candidate for the office of President as President and the apparent successful candidate for the office of Vice-President as Vice President’’; (B) in subsection (b)(1)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1968 (i) in the matter preceding subpara- graph (A), by striking ‘‘The President-elect and Vice-President-elect’’ and inserting ‘‘Each apparent successful candidate’’; and (ii) in subparagraph (A), by striking ‘‘the President-elect or Vice-President- elect’s’’ and inserting ‘‘the apparent suc- cessful 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 Presi- dent-elect and Vice President-elect’’ and inserting ‘‘the apparent successful candidates’’.
DIVISION Q—AVIATION RELATED MATTERS SEC.

101.

ADVANCED AIR MOBILITY INFRASTRUCTURE PILOT PROGRAM.

(a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this section, the Secretary shall establish a pilot program to provide grants that assist an eligible entity to plan for the development and deployment of infrastructure necessary to facilitate AAM operations, locally and regionally, within the United States.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1969 (b) PLANNING GRANTS.— (1) IN GENERAL.—The Secretary shall provide grants to eligible entities to develop comprehensive plans under paragraph (2) related to AAM infra- structure.
(2) COMPREHENSIVE PLAN.— (A) IN GENERAL.—Not later than 1 year after receiving a grant under this subsection, an eligible entity shall submit to the Secretary a comprehensive plan, including the development of potential public use or private-owned vertiport infrastructure, in a format capable of being published on the website of the Depart- ment of Transportation.
(B) PLAN CONTENTS.—The Secretary shall establish content requirements for com- prehensive plans submitted under this sub- section, which shall include as many of the fol- lowing 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1970 (iii) A description of types of planned or potential AAM operations and a fore- cast for proposed vertiport operations, in- cluding estimates for initial operations and future growth.
(iv) The identification of physical and digital infrastructure required to meet any standards for vertiport design and per- formance characteristics established by the Federal Aviation Administration (as in ef- fect on the date on which the Secretary issues a grant to an eligible entity), includ- ing modifications to existing infrastructure and ground sensors, electric charging or other fueling requirements, electric utility requirements, wireless and cybersecurity requirements, fire safety, perimeter secu- rity, and other necessary hardware or soft- ware.
(v) A description of any hazard asso- ciated with planned or potential vertiport infrastructure, such as handling of haz- ardous materials, batteries, or other fuel cells, charging or fueling of aircraft, air- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 1971 craft rescue and firefighting response, and emergency planning.
(vi) A description of potential environ- mental effects of planned or potential con- struction or siting of vertiports, including efforts to reduce potential aviation noise.
(vii) A description of how planned or potential vertiport locations, including new or repurposed infrastructure, fit into State and local transportation systems and net- works, including— (I) connectivity to existing public transportation hubs and intermodal and multimodal facilities for AAM op- erations; (II) opportunities to create new service to rural areas and areas un- derserved by air transportation; or (III) any potential conflict with existing aviation infrastructure that may arise from the planned or poten- tial location of the vertiport.
(viii) A description of how vertiport planning will be incorporated in State or metropolitan planning documents.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1972 (ix) The identification of the process an eligible entity will undertake to ensure an adequate level of engagement with any potentially impacted community for each planned or potential vertiport location and planned or potential AAM operations, such as engagement with communities in rural areas, underserved communities, Tribal communities, individuals with disabilities, or racial and ethnic minorities to address equity of access.
(x) The identification of State, local, or private sources of funding an eligible entity may use to assist with the construc- tion or operation of a vertiport.

(xi) The identification of existing Fed- eral aeronautical and airspace require- ments that must be met for the eligible en- tity’s planned or potential vertiport loca- tion.
(xii) The identification of the actions necessary for an eligible entity to under- take the construction of a vertiport, such as planning studies to assess existing in- frastructure, environmental studies, studies December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1973 of projected economic benefit to the com- munity, lease or acquisition of an easement or land for new infrastructure, and activi- ties related to other capital costs.
(3) APPLICATION.—To apply for a grant under this subsection, an eligible entity shall provide to the Secretary an application in such form, at such time, and containing such information as the Secretary may require.

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

(ii) Diversity of the proposed models of infrastructure financing and manage- ment.

(iii) Diversity of proposed or planned AAM operations.
(iv) The need for comprehensive plans that— (I) ensure the safe and efficient integration of AAM operations into the National Airspace System; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1974 (II) improve transportation safe- ty, connectivity, access, and equity in both rural and urban regions in the United States; (III) leverage existing public transportation systems and intermodal and multimodal facilities; (IV) reduce surface congestion and the environmental impacts of transportation; (V) grow the economy and create jobs in the United States; and (VI) encourage community en- gagement when planning for AAM-re- lated infrastructure.
(B) PRIORITY.—The Secretary shall prioritize awarding grants under this subsection to eligible entities that collaborate with com- mercial AAM entities, institutions of higher education, research institutions, or other rel- evant stakeholders to develop and prepare a comprehensive plan.

(C) MINIMUM ALLOCATION TO RURAL AREAS.—The Secretary shall ensure that not less than 20 percent of the amounts made avail- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1975 able under subsection (c) are used to award grants to eligible entities that submit a com- prehensive plan under paragraph (2) that is re- lated to infrastructure located in a rural area.

(5) GRANT AMOUNT.—Each grant made under this subsection shall be made in an amount that is not more than $1,000,000.
(6) BRIEFING.— (A) IN GENERAL.—Not later than 180 days after the first comprehensive plan is sub- mitted under paragraph (2), and every 180 days thereafter through September 30, 2025, the Secretary shall provide a briefing to the ap- propriate committees of Congress on the com- prehensive plans submitted to the Secretary under such paragraph.
(B) CONTENTS.—The briefing required under subparagraph (A) shall include— (i) an evaluation of all planned or po- tential 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1976 (ii) a description of lessons or best practices learned through the review of comprehensive plans and how the Sec- retary will incorporate any such lessons or best practices into Federal standards or guidance for the design and operation of AAM infrastructure and facilities.

(c) AUTHORIZATION OF APPROPRIATIONS.— (1) AUTHORIZATION.—There are authorized to be appropriated to the Secretary to carry out this section $12,500,000 for each of fiscal years 2023 and 2024, to remain available until expended.
(2) ADMINISTRATIVE EXPENSES.—Of the amounts made available under paragraph (1), the Secretary may retain up to 1 percent for personnel, contracting, and other costs to establish and admin- ister the pilot program under this section.

(d) TERMINATION.— (1) IN GENERAL.—No grant may be awarded under this section after September 30, 2024.
(2) CONTINUED FUNDING.—Funds authorized to be appropriated pursuant to subsection (c) may be expended after September 30, 2024— (A) for grants awarded prior to September 30, 2024; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1977 (B) for administrative expenses.


(e) DEFINITIONS.—In this section: (1) ADVANCED AIR MOBILITY; AAM.—The terms ‘‘advanced air mobility’’ and ‘‘AAM’’ have the mean- ing given such terms in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C.

40101 note).
40101 note).

(2) APPROPRIATE COMMITTEES OF CON- GRESS.—The term ‘‘appropriate committees of Con- gress’’ means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Trans- portation of the Senate.
(3) COMMERCIAL AAM ENTITIES.—The term ‘‘commercial AAM entities’’ means— (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems related to AAM; (B) intended commercial operators of AAM aircraft and systems; and (C) intended commercial operators and de- velopers of vertiports.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- ty’’ means— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1978 (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 ORGANIZA- TION.—The term ‘‘metropolitan planning organiza- tion’’ 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 statis- tical area (as designated by the Office of Manage- ment and Budget).

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

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1979 (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 AIR- CRAFT.—The term ‘‘vertical take-off and landing aircraft’’ has the meaning given such term in section 2(i) of the Advanced Air Mobility Coordination and Leadership Act (49 U.S.C.

40101 note).
40101 note).

(f) RULE OF CONSTRUCTION.—Nothing in this sec- tion may be construed as conferring upon any person, State, local, or Tribal government the authority to deter- mine the safety of any AAM operation or the feasibility of simultaneous operations by AAM and conventional air- craft within any given area of the national airspace sys- tem.

18 19 20 21 SEC.

102.

SAMYA ROSE STUMO NATIONAL AIR GRANT FEL- LOWSHIP PROGRAM.
(a) SHORT TITLE.—This section may be cited as the ‘‘Samya Rose Stumo National Air Grant Fellowship Pro- 22 gram Act of 2022’’.

23 (b) DESIGNATION.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1980 (1) IN GENERAL.—Section 131 of division V of the Consolidated Appropriations Act of 2021 (49 U.S.C.
40101 note) is amended— (A) in the section heading, by inserting ‘‘SAMYA ROSE STUMO’’ before ‘‘NATIONAL AIR GRANT FELLOWSHIP PROGRAM’’; (B) in the paragraph heading of subsection (a)(4), by inserting ‘‘SAMYA ROSE STUMO’’ be- fore ‘‘NATIONAL AIR GRANT FELLOWSHIP PRO- GRAM’’; and (C) by inserting ‘‘Samya Rose Stumo’’ be- fore ‘‘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 enact- ment of this section, any reference in a law, regulation, document, paper, or other record of the United States to the ‘‘National Air Grant Fellowship Program’’ shall be deemed to be a reference to the ‘‘Samya Rose Stumo Na- tional Air Grant Fellowship Program’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1981 (d) SENSE OF CONGRESS.—It is the sense of Con- gress 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, includ- ing, but not limited to, Captain Bhavye Suneja, First Officer Harvino, Permadi Anggrimulja, Liu Chandra, Chairul Aswan, Resti Amelia, Reni Ariyanti, Daniel Suhardja Wijaya, Mardiman, Dadang, Diah Damayanti, Dolar, Dony, Dwinanto, Eryant, Cici Ariska, Fendi Christanto, Dr. Ibnu Fajariyadi Hantoro, Inayah Fatwa Kurnia Dewi, Hendra, Hesti Nuraini, Henry Heuw, Khotijah, Jannatun Cintya Dewi, Ammad Mughni, Sudibyo Onggowardoyo, Shintia Melina, Citra Novita Anggelia Putri, Alviani Hidayatul Solikha, Damayanti Simarmata, Mery Yulyanda, Putri Yuniarsi, Putty Fatikah Rani, Tan Toni, Tami Ju- lian, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1982 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 Ethio- pian Airlines Flight 302 crash on March 10, 2019, are commemorated and recognized, including, but not limited to, Abdishakur Shahad, Abdullahi Mo- hammed, Adam Kornaski, Adam Mbicha, Professor Agnes W. Gathumbi, Ahmednur Mohammed Omar, Alexandra Wachtmeister, Ama Tesfamariam, Am- bassador Abiodun Oluremi Bashua, Ameen Ismail Noormohamed, Amina Ibrahim Odawaa, Amos Namanya, Angela Rehhorn, Ann Wangui Karanja, Anne Mogoi Birundu, Anne (last name unknown), Anne-Katrin Feigl, Anushka Dixit, Ashka Dixit, Kosha Vaidya, Prerit Dixit, Bennett Riffel, Benson Maina Gathu, Bernard Musembi Mutua, Captain Yared Getachew, Carolyne Karanja, Ryan Njuguna, Kerri Pauls, Rubi Pauls, Cedric Asiavugwa, Chunming Jack Wang, Cosmas Kipngetich Rogony, CP Christine Alalo, Danielle Moore, Darcy Belanger, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1983 Dawn Tanner, Djordje Vdovic, Doaa Atef Abdel Salam, Dr. Ben Ahmed Chihab, Dr. Manisha Nukavarapu, Ekta Adhikari, Elsabet Menwyelet, Fa- ther George Mukua, First Officer Ahmednur Mo- hammed, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1984 Lacroix, Stella Mbicha Konarska, Tamirat Mulu Demessie, Anthony Wanjohi Ngare, United States Army Captain Antoine Lewis, Vaibhav Lahoti, Vic- tor Tsang, Virginia Chimenit, WangHeo, Xavier Fricaudet, Yekaterina Polyakova, Alexander Polyako, Zhen Zhen Huang, ZhouYuan, Pannagesh Vaidya, Hansini Vaidya, Joseph Waithaka, Blanka Hrnko, Martin Hrnko, Michala Hrnko, Sergei Vyalikov, Suzan Mohamed Abu-Farag, Nasser Fatehy Al-Azab Douban, Asraf Mohamed Abdel Halim Al-Turkim, Abdel-Hamid Farrag Mohamed Magly, Essmat Abdel-Sattar Taha Aransa, Jin Yetao, Derick Lwugi, Reverend Sister Florence Wangari Yongi, Melvin Riffel, Mwazo Mercy Ngami, Reverend Norman Tendis, and Pius Adesanmi; (3) the life of Indonesian diver Syachrul Anto, who died during search and rescue recovery oper- ations in the aftermath of the Lion Air Flight 610 crash, is commemorated and recognized; and (4) the Senate and the House of Representa- tives 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1985 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 in- surance 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.
26 ‘‘(b) RESTRICTIONS.—A policy for insurance or rein- surance 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 rein- surance provided under this section shall be calculated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1986 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 reinsur- ance 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 Sec- retary, 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 strik- ing ‘‘section 44302’’ and inserting ‘‘sections 44302 and 44302a’’.

(2) ENDING EFFECTIVE DATE.—Section 44310(a) of title 49, United States Code, is amend- ed by striking ‘‘section 44305’’ and inserting ‘‘sec- tions 44302a and 44305’’.
(c) CLERICAL AMENDMENT.—The analysis for chap- ter 443 of title 49, United States Code, is amended by inserting after the item relating to section 44302 the fol- lowing: ‘‘44302a.

Temporary insurance.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

104.
SEC.

104.

REMOVAL OF RESTRICTION ON VETERANS CON- 1987 CURRENTLY SERVING IN THE OFFICES OF ADMINISTRATOR AND DEPUTY ADMINIS- TRATOR OF THE FEDERAL AVIATION ADMIN- ISTRATION.

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 Trans- portation, in coordination with the Secretary of Health and Human Services, the Secretary of Homeland Security, and the heads of such other Federal departments or agen- cies as the Secretary of Transportation considers appro- priate, shall develop a national aviation preparedness plan for communicable disease outbreaks.
(b) CONTENTS OF PLAN.—The plan developed under subsection (a) shall, at a minimum— (1) provide airports and air carriers with an adaptable and scalable framework with which to align the individual plans, including the emergency response plans, of such airports and air carriers and provide guidance as to each individual plan; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1988 (2) improve coordination among airports, air carriers, the Transportation Security Administra- tion, U.S. Customs and Border Protection, the Cen- ters for Disease Control and Prevention, other ap- propriate Federal entities, and State and local gov- ernments and health agencies with respect to pre- paring for and responding to communicable disease outbreaks; (3) to the extent practicable, improve coordina- tion among relevant international entities; (4) create a process to identify appropriate per- sonal protective equipment, if any, for covered em- ployees to reduce the likelihood of exposure to a cov- ered communicable disease, and thereafter issue rec- ommendations 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 pas- sengers for communicable diseases, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1989 through the use of temperature checks if appro- priate, for domestic and international passengers, crew members, and other individuals passing through airport security checkpoints; (7) identify and assign Federal agency roles in the deployment of emerging and existing tech- nologies and solutions to reduce covered commu- nicable diseases in the aviation ecosystem; (8) clearly delineate the responsibilities of the sponsors and operators of airports, air carriers, and Federal agencies in responding to a covered commu- nicable disease; (9) incorporate, as appropriate, the rec- ommendations made by the Comptroller General of the United States to the Secretary of Transportation contained in the report titled ‘‘Air Travel and Com- municable 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 re- spect to air transportation; and (11) consider funding constraints.
(c) CONSULTATION.—When developing the plan under subsection (a), the Secretary of Transportation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1990 shall consult with aviation industry and labor stake- holders, 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 com- mercial service airports; (3) labor organizations that represent airline pi- lots, flight attendants, air carrier airport customer service representatives, and air carrier maintenance, repair, and overhaul workers; (4) the labor organization certified under sec- tion 7111 of title 5, United States Code, as the ex- clusive bargaining representative of air traffic con- trollers of the Federal Aviation Administration; (5) the labor organization certified under such section as the exclusive bargaining representative of airway transportation systems specialists and avia- tion safety inspectors of the Federal Aviation Ad- ministration; (6) trade associations representing air carriers and airports; (7) aircraft manufacturing companies; (8) general aviation; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1991 (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 sub- mit to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes such plan.
(e) REVIEW OF PLAN.—Not later than 1 year after the date on which a report is submitted under subsection (d), and again not later than 5 years thereafter, the Sec- retary shall review the plan included in such report and, after consultation with aviation industry and labor stake- holders, 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 Transpor- tation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transpor- tation of the Senate a study assessing the national avia- tion preparedness plan developed under subsection (a), in- 23 cluding— 24 (1) whether such plan— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1992 (A) is responsive to any previous rec- ommendations relating to aviation preparedness with respect to an outbreak of a covered com- municable 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 avia- tion system is prepared to respond to an outbreak of a covered communicable disease.
(g) DEFINITIONS.—In this section: (1) COVERED EMPLOYEE.—The term ‘‘covered employee’’ means— (A) an individual whose job duties require interaction with air carrier passengers on a reg- ular and continuing basis and who is an em- ployee 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 Admin- istration.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1993 (2) COVERED COMMUNICABLE DISEASE.—The term ‘‘covered communicable disease’’ means a com- municable disease that has the potential to cause a future epidemic or pandemic of infectious disease that would constitute a public health emergency of international concern as declared, after the date of enactment of this section, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C.

247d).
247d).

(3) TEMPERATURE CHECK.—The term ‘‘tem- perature check’’ means the screening of an indi- vidual 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 Trans- portation shall establish the Aerospace Supply Chain Re- siliency 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 aero- space industry; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1994 (B) the infrastructure of the National Air- space System; and (2) identify best practices and make rec- ommendations to mitigate risks identified under paragraph (1) and support a robust United States aerospace supply chain.

(b) MEMBERSHIP.— (1) IN GENERAL.—The Secretary shall appoint not more than 21 individuals to the Task Force.
(2) COMPOSITION.—In appointing individuals to the Task Force, the Secretary shall appoint: (A) At least 1 individual representing each of the following: (i) Manufacturers of aircraft.

(ii) Manufacturers of avionics.

(iii) Manufacturers of aircraft propul- sion systems.

(iv) Manufacturers of aircraft struc- tures.

(v) Manufacturers of communications, navigation, and surveillance equipment used for the provision of air traffic serv- ices.
(vi) Manufacturers of commercial space transportation launch vehicles.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1995 (vii) Commercial air carriers.

(viii) General aviation operators.

(ix) Rotorcraft operators.

(x) Unmanned aircraft system opera- tors.

(xi) Aircraft maintenance providers.

(xii) Aviation safety organizations.


(B) At least 1 individual representing cer- tified labor representatives of each of the fol- lowing: (i) Aircraft mechanics.

(ii) Aircraft engineers.

(iii) Aircraft manufacturers.

(iv) Airway transportation system spe- cialists employed by the Federal Aviation Administration.

(C) Individuals with expertise in logistics, economics, supply chain management, or an- other 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— 24 25 (1) engage with the aerospace industry to docu- ment trends in changes to production throughput December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1996 and lead times of major end items produced by the aerospace industry; (2) determine the extent to which United States aerospace supply chains are potentially exposed to significant disturbances, including the existence of and potential for supply chain issues such as chokepoints, bottlenecks, or shortages that could prevent or inhibit the production or flow of major end items and services; (3) explore new solutions to resolve such supply chain issues identified under paragraph (2), includ- ing through the use of— (A) existing aerospace infrastructure; and (B) aerospace infrastructure, manufac- turing capabilities, and production capacities in small or rural communities; (4) evaluate the potential for the introduction and integration of advanced technology to— (A) relieve such supply chain issues; and (B) fill such gaps; (5) utilize, to the maximum extent practicable, existing supply chain studies, reports, and materials in carrying out the activities described in this sub- section; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1997 (6) provide recommendations to address, man- age, and relieve such supply chain issues.

(d) MEETINGS.— (1) IN GENERAL.—Except as provided in para- graph (2), the Task Force shall convene at such times and places, and by such means, as the Sec- retary determines to be appropriate, which may in- clude the use of remote conference technology.
(2) TIMING.—The Task Force shall convene for an initial meeting not later than 120 days after the date of enactment of this section and at least every 90 days thereafter.

(e) REPORTS TO CONGRESS.— (1) REPORT OF TASK FORCE.— (A) IN GENERAL.—Not later than 1 year after the date of the initial meeting of the Task Force, the Task Force shall submit to the ap- propriate committees of Congress a report on the activities of the Task Force.
(B) CONTENTS.—The report required under subparagraph (A) shall include— (i) best practices and recommenda- tions identified pursuant to subsection (a)(2); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
1998 (ii) a detailed description of the find- ings of the Task Force pursuant to the ac- tivities required by subsection (c); and (iii) recommendations of the Task Force, if any, for regulatory, policy, or leg- islative action to improve Government ef- forts to reduce barriers, mitigate risk, and bolster the resiliency of United States aerospace supply chains.
(2) REPORT OF SECRETARY.—Not later than 180 days after the submission of the report required under paragraph (1), the Secretary shall submit a report to the appropriate committees of Congress on the status or implementation of recommendations of the Task Force included in the report required under paragraph (1).

(f) APPLICABLE LAW.—The Federal Advisory Com- mittee Act (5 U.S.C.

App.)

shall not apply to the Task Force.
(g) SUNSET.—The Task Force shall terminate upon the submission of the report required by subsection (e)(1).

(h) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES OF CON- GRESS.—The term ‘‘appropriate committees of Con- gress’’ means— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1999 (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Commerce, Science, and Transportation of the Senate.
(2) MAJOR END ITEM.—The term ‘‘major end item’’ means— (A) an aircraft; (B) an aircraft engine or propulsion sys- tem; (C) communications, navigation, or surveil- lance equipment used in the provision of air traffic services; and (D) any other end item the manufacture and operation of which has a significant effect on air commerce, as determined by the Sec- retary.

SEC.

107.

COVERED OPERATIONS ELECTIVE STANDARDS.


(a) IN GENERAL.—Section 44729(a) of title 49, United States Code, is amended by striking ‘‘covered oper- ations 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- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2000 tion to prohibit employed pilots from serving in such cov- ered operations after attaining 70 years of age by deliv- ering written notice to the Administrator of the Federal Aviation Administration.
Such election— ‘‘(1) shall take effect 1 year after the date of delivery of written notice of the election; and ‘‘(2) may not be terminated after the date on which such election takes effect by the air carrier.’’.
(b) COVERED OPERATIONS.—Section 44729(b) of title 49, United States Code, is amended by striking ‘‘means operations under part 121 of title 14, Code of Federal Regulations.’’ and inserting the following: 13 ‘‘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 Fed- eral 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2001 ‘‘(C) performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year.’’.
(c) PROTECTION FOR COMPLIANCE.—An action or election taken in conformance with the amendments made by this section, or taken in conformance with a regulation issued to carry out the amendments made by this section, may not serve as a basis for liability or relief in a pro- ceeding brought under any employment law or regulation before any court or agency of the United States or of any 11 State or locality.

12 13 14 15 DIVISION R—NO TIKTOK ON GOVERNMENT DEVICES SEC.

101.

SHORT TITLE.
101.

SHORT TITLE.

This division may be cited as the ‘‘No TikTok on 16 Government Devices Act’’.

17 SEC.

102.

PROHIBITION ON THE USE OF TIKTOK.

(a) DEFINITIONS.—In this section— (1) the term ‘‘covered application’’ means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2002 (2) the term ‘‘executive agency’’ has the mean- ing 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 con- sultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intel- ligence, and the Secretary of Defense, and consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code, shall develop standards and guidelines for executive agencies requiring the removal of any covered application from information technology.
(2) NATIONAL SECURITY AND RESEARCH EX- CEPTIONS.—The standards and guidelines developed under paragraph (1) shall include— (A) exceptions for law enforcement activi- ties, national security interests and activities, and security researchers; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2003 (B) for any authorized use of a covered ap- plication under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use.

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

101.

SHORT TITLE.

This title may be cited as the ‘‘Driftnet Moderniza- tion and Bycatch Reduction Act’’.

SEC.

102.

DEFINITION.

Section 3(25) of the Magnuson-Stevens Fishery Con- servation 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’’.

17 SEC.

103.

FINDINGS AND POLICY.

(a) FINDINGS.—Section 206(b) of the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C.
1826(b)) is amended— (1) in paragraph (6), by striking ‘‘and’’ at the end; (2) in paragraph (7), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2004 ‘‘(8) within the exclusive economic zone, large- scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mor- tality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.’’.

(b) POLICY.—Section 206(c) of the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C.
1826(c)) is amended— (1) in paragraph (2), by striking ‘‘and’’ at the end; (2) in paragraph (3), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the in- cidental catch of living marine resources.’’.

SEC.

104.

TRANSITION PROGRAM.


Section 206 of the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C.

1826) is amended by adding at the end the following— ‘‘(i) FISHING GEAR TRANSITION PROGRAM.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2005 ‘‘(1) IN GENERAL.—During the 5-year period beginning on the date of enactment of the Driftnet Modernization and Bycatch Reduction Act, the Sec- retary shall conduct a transition program to facili- tate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that mini- mize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program.
‘‘(2) PERMISSIBLE USES.—Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering— ‘‘(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit; ‘‘(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or ‘‘(C) the purchase of alternative gear with minimal incidental catch of living marine re- sources, if the fishery participant is authorized to continue fishing using such alternative gears.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2006 ‘‘(3) CERTIFICATION.—The Secretary shall cer- tify that, with respect to each participant in the pro- gram under this subsection, any permit authorizing participation in a large-scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.’’.

SEC.

105.

EXCEPTION.


Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857(1)(M)) is amended by inserting before the semicolon the following: ‘‘, unless such large-scale driftnet fishing— ‘‘(i) deploys, within the exclusive eco- nomic 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 Mod- ernization and Bycatch Reduction Act’’.

SEC.

106.

FEES.
SEC.

106.

FEES.

(a) IN GENERAL.—The North Pacific Fishery Man- agement Council may recommend, and the Secretary of Commerce may approve, regulations necessary for the col- lection of fees from charter vessel operators who guide rec- reational anglers who harvest Pacific halibut in Inter- national Pacific Halibut Commission regulatory areas 2C December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2007 and 3A as those terms are defined in part 300 of title 50, Code of Federal Regulations (or any successor regula- tions).
(b) USE OF FEES.—Any fees collected under this sec- tion shall be available for the purposes of— (1) financing administrative costs of the Rec- reational Quota Entity program; (2) the purchase of halibut quota shares in International Pacific Halibut Commission regulatory areas 2C and 3A by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any successor regulations); (3) halibut conservation and research; and (4) promotion of the halibut resource by the recreational quota entity authorized in part 679 of title 50, Code of Federal Regulations (or any suc- cessor regulations).
(c) LIMITATION ON COLLECTION AND AVAIL- ABILITY.—Fees shall be collected and available pursuant to this section only to the extent and in such amounts as provided in advance in appropriations Acts, subject to subsection (d).
23 24 25 (d) FEE COLLECTED DURING START-UP PERIOD.— Notwithstanding subsection (c), fees may be collected through the date of enactment of an Act making appro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2008 priations 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.
201.

SHORT TITLE.

This title may be cited as the ‘‘Fishery Resource Dis- asters 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)) 12 is amended to read as follows: ‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) ALLOWABLE CAUSE.—The term ‘al- lowable cause’ means a natural cause, discrete anthropogenic cause, or undetermined cause, in- cluding 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2009 ‘‘(i) that could not have been ad- dressed or prevented by fishery manage- ment measures; and ‘‘(ii) that is otherwise beyond the con- trol of fishery managers to mitigate through conservation and management measures, including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals, plants, or habitats.
‘‘(C) FISHERY RESOURCE DISASTER.—The term ‘fishery resource disaster’ means a dis- aster that is determined by the Secretary in ac- cordance with this subsection and— ‘‘(i) is an unexpected large decrease in fish stock biomass or other change that re- sults in significant loss of access to the fishery resource, which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or negative subsistence impact due to an allowable cause; and ‘‘(ii) does not include— ‘‘(I) reasonably predictable, fore- seeable, and recurrent fishery cyclical December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2010 variations in species distribution or stock abundance; or ‘‘(II) reductions in fishing oppor- tunities resulting from conservation and management measures taken pur- suant to this Act.

‘‘(D) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given such term in sec- tion 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, haz- ard, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2011 ‘‘(IX) disease; and ‘‘(ii) does not mean a normal or cycli- cal variation in a species distribution or stock abundance.
‘‘(F) 12-MONTH REVENUE LOSS.—The term ‘12-month revenue loss’ means the per- centage reduction, as applicable, in commercial, charter, headboat, or processor revenue for the affected fishery for the 12 months during which the fishery resource disaster occurred, when compared to average annual revenue in the most recent 5 years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories.
‘‘(G) UNDETERMINED CAUSE.—The term ‘undetermined cause’ means a cause in which the current state of knowledge does not allow the Secretary to identify the exact cause, and there is no current conclusive evidence 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 fish- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2012 ery 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 author- ized to make sums available, from funds appro- priated for such purposes, to be used by the af- fected State, Indian Tribe, or interstate marine fisheries commission, or by the Secretary in co- operation 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 DIS- ASTER REVIEW.— ‘‘(A) ELIGIBLE REQUESTERS.— ‘‘(i) IN GENERAL.—If the Secretary has not independently determined that a fishery resource disaster has occurred, a request for a fishery resource disaster de- termination may be submitted to the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2013 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 politically appointed rep- resentative as determined by the Sec- retary.
‘‘(ii) APPLICABLE DATE.—The appli- cable 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 deter- mination is made; or ‘‘(III) in the case of a complete fishery closure, 1 year after the date December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2014 on which that closure is determined by the Secretary.
‘‘(B) REQUIRED INFORMATION.—A com- plete request for a fishery resource disaster de- termination under subparagraph (A) shall in- clude— ‘‘(i) identification of all presumed af- fected 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, in- cluding— ‘‘(I) information demonstrating the occurrence of an unexpected large decrease in fish stock biomass or other change that results in signifi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2015 cant loss of access to the fishery re- source, which could include the loss of fishing vessels and gear, for a sub- stantial period of time; ‘‘(II) significant— ‘‘(aa) 12-month revenue loss for the affected fishery; or ‘‘(bb) negative subsistence impact for the affected fishery, or if a fishery resource disaster has occurred at any time in the pre- vious 5-year period, the most re- cent 5 years when no fishery re- source disaster occurred; ‘‘(III) if applicable, information on lost resource tax revenues assessed by local communities, such as a raw fish tax and local sourcing require- ments; and ‘‘(IV) if applicable and available, information on affected fishery 12- month revenue loss for charter, headboat, or processors related to the information provided under subclause (I), subject to section 402(b).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2016 ‘‘(C) ASSISTANCE.—The Secretary may provide data and analysis assistance to an eligi- ble requester described in paragraph (1), if— ‘‘(i) the assistance is so requested; ‘‘(ii) the Secretary is in possession of the required information described in sub- paragraph (B); and ‘‘(iii) the data is not available to the requester, in carrying out the complete re- quest under subparagraph (B).
‘‘(D) INITIATION OF REVIEW.—The Sec- retary shall have the discretion to initiate a fishery resource disaster review without a re- quest.
‘‘(4) REVIEW PROCESS.— ‘‘(A) INTERIM RESPONSE.—Not later than 20 days after receipt of a request under para- graph (3), the Secretary shall provide an in- terim response to the individual that— ‘‘(i) acknowledges receipt of the re- quest; ‘‘(ii) provides a regional contact with- in the National Oceanographic and Atmos- pheric Administration; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2017 ‘‘(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 incom- plete.
‘‘(B) EVALUATION OF REQUESTS.— ‘‘(i) IN GENERAL.—The Secretary shall complete a review, within the time frame described in clause (ii), using the best scientific information available, in consultation with the affected fishing com- munities, States, or Indian Tribes, of— ‘‘(I) the information provided by the requester and any additional in- formation relevant to the fishery, which may include— ‘‘(aa) fishery characteristics; ‘‘(bb) stock assessments; ‘‘(cc) the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by Federal, State, or Tribal officials; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2018 ‘‘(dd) estimates of mortality; and ‘‘(ee) overall effects; and ‘‘(II) the available economic in- formation, which may include an anal- ysis of— ‘‘(aa) landings data; ‘‘(bb) revenue; ‘‘(cc) the number of partici- pants involved; ‘‘(dd) the number and type of jobs and persons impacted, which may include— ‘‘(AA) fishers; ‘‘(BB) charter fishing operators; ‘‘(CC) subsistence users; ‘‘(DD) United States fish processors; and ‘‘(EE) an owner of a related fishery infrastructure or business affected by the disaster, such as a marina operator, recreational fishing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2019 equipment retailer, or char- ter, headboat, or tender ves- sel 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 re- source, has been restricted; ‘‘(hh) status of recovery from previous fishery resource disasters; ‘‘(ii) lost resource tax reve- nues assessed by local commu- nities, such as a raw fish tax; and ‘‘(jj) other appropriate indi- cators to an affected fishery, as determined by the National Ma- rine Fisheries Service.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2020 ‘‘(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 com- plete request for a fishery resource disaster determination; ‘‘(II) has not concluded, not later than 120 days after the conclusion of the fishing season; or ‘‘(III) is expected to be closed for the entire fishing season, not later than 120 days after the Secretary re- ceives a complete request for a fishery resource disaster determination.
‘‘(C) FISHERY RESOURCE DISASTER DE- TERMINATION.—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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2021 this paragraph, the Secretary shall notify the requester and the Governor of the affected State or Indian Tribe representative of the de- termination of the Secretary.
‘‘(5) CRITERIA FOR DETERMINATIONS.— ‘‘(A) IN GENERAL.—The Secretary shall make a determination about whether a fishery resource disaster has occurred, based on the revenue loss thresholds under subparagraph (B), and, if a fishery resource disaster has oc- curred, whether the fishery resource disaster was due to— ‘‘(i) a natural cause; ‘‘(ii) an anthropogenic cause; ‘‘(iii) a combination of a natural cause and an anthropogenic cause; or ‘‘(iv) an undetermined cause.
‘‘(B) REVENUE LOSS THRESHOLDS.— ‘‘(i) IN GENERAL.—Based on the in- formation provided or analyzed under paragraph (4)(B), the Secretary shall apply the following 12-month revenue loss thresholds in determining whether a fish- ery resource disaster has occurred: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2022 ‘‘(I) Losses greater than 80 per- cent may result in a positive deter- mination that a fishery resource dis- aster has occurred, based on the infor- mation 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 per- cent shall not be eligible for a deter- mination that a fishery resource dis- aster has occurred.

‘‘(ii) CHARTER FISHING.—In making a determination of whether a fishery re- source disaster has occurred, the Secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses.
‘‘(iii) NEGATIVE SUBSISTENCE IM- PACTS.—In considering negative subsist- ence impacts, the Secretary shall evaluate the severity of negative impacts to the fish- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2023 ing community instead of applying the rev- enue loss thresholds described in clause (i).
‘‘(C) INELIGIBLE FISHERIES.—A fishery subject to overfishing in any of the 3 years pre- ceding 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 re- source disaster.
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a dis- aster declaration under another statutory au- thority, such as in the case of a natural disaster or from the direct consequences of a Federal action taken to prevent, or in response to, a natural disaster for purposes of protecting life and safety, the Secretary may determine a fish- ery resource disaster has occurred without a re- quest, notwithstanding the requirements under subparagraph (B) and paragraph (3).
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2024 ‘‘(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 appro- priated funds for 1 or more fishery re- source disasters, the Secretary shall no- tify— ‘‘(I) the public; and ‘‘(II) representatives of affected fishing communities with a positive disaster determination that is un- funded; 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2025 source disaster, the Secretary shall consider commercial, charter, headboat, or seafood proc- essing 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 alloca- tion from funds available under paragraph (9), a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the Secretary, not more than 120 days after receiving notification that funds are avail- able, that shall include the following informa- tion, if applicable: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2026 ‘‘(i) Objectives and outcomes, with an emphasis on addressing the factors con- tributing to the fishery resource disaster and minimizing future uninsured losses, if applicable.

‘‘(ii) Statement of work.

‘‘(iii) Budget details.

‘‘(E) REGIONAL CONTACT.—If so re- quested, the Secretary shall provide a regional contact within the National Oceanic and Atmos- pheric 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 re- ceives 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 allo- cated for fishery resources disasters December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2027 under this subsection shall restore the fishery affected by such a disaster, prevent a similar disaster in the fu- ture, or assist the affected fishing community, and shall prioritize the following uses, which are not in order of priority: ‘‘(aa) Habitat conservation and restoration and other activi- ties, including scientific research, that reduce adverse impacts to the fishery or improve under- standing of the affected species or its ecosystem.
‘‘(bb) The collection of fish- ery information and other activi- ties that improve management of the affected fishery.

‘‘(cc) In a commercial fish- ery, capacity reduction and other activities that improve manage- ment of fishing effort, including funds to offset budgetary costs to refinance a Federal fishing ca- pacity reduction loan or to repay December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2028 the principal of a Federal fishing capacity reduction loan.

‘‘(dd) Developing, repairing, or improving fishery-related pub- lic infrastructure.
‘‘(ee) Direct assistance to a person, fishing community (in- cluding assistance for lost fish- eries resource levies), or a busi- ness to alleviate economic loss in- curred as a direct result of a fishery resource disaster, particu- larly when affected by a cir- cumstance described in para- graph (5)(D) or by negative im- pacts to subsistence 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 EM- PLOYEES.—Where appropriate, indi- viduals carrying out the activities de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2029 scribed in items (aa) through (dd) of subclause (I) shall be individuals who are, or were, employed in a commer- cial, charter, or Indian Tribe fishery for which the Secretary has deter- mined that a fishery resource disaster has occurred.
‘‘(7) LIMITATIONS.— ‘‘(A) FEDERAL SHARE.— ‘‘(i) IN GENERAL.—Except as pro- vided in clauses (ii) and (iii), the Federal share of the cost of any activity carried out under the authority of this subsection shall not exceed 75 percent of the cost of that activity.
‘‘(ii) WAIVER.—The Secretary may waive the non-Federal share requirements of this subsection, if the Secretary deter- mines that— ‘‘(I) no reasonable means are available through which the recipient of the Federal share can meet the non-Federal share requirement; and ‘‘(II) the probable benefit of 100 percent Federal financing outweighs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2030 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 de- scribed in paragraph (6)(F)(iii)(I)(ee); or ‘‘(II) assistance to subsistence or Tribal fisheries.
‘‘(B) LIMITATIONS ON ADMINISTRATIVE EXPENSES.— ‘‘(i) FEDERAL.—Not more than 3 per- cent of the funds available under this sub- section may be used for administrative ex- penses by the National Oceanographic and Atmospheric Administration.

‘‘(ii) STATE GOVERNMENTS OR INDIAN TRIBES.—Of the funds remaining after the use described in clause (i), not more than 5 percent may be used by States, Indian Tribes, or interstate marine fisheries com- missions for administrative expenses.
‘‘(C) FISHING CAPACITY REDUCTION PRO- GRAM.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2031 ‘‘(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 pro- gram, 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 Sec- retary determines that adequate December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2032 measures are in place to ensure that the vessel cannot reenter any fishery anywhere in the world.

‘‘(D) NO FISHERY ENDORSEMENT.— ‘‘(i) IN GENERAL.—A vessel that is prohibited from fishing under subpara- graph (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 en- dorsement 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 COLLEC- TION.—The Secretary shall make available and up- date as appropriate, information on data collection and submittal best practices for the information de- scribed 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.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2033 SEC.

203.

MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

(a) REPEAL.—Section 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1864) is repealed.

(b) REPORT.—Section 113(b)(2) of the Magnuson- Stevens Fishery Conservation and Management Reauthor- ization Act of 2006 (16 U.S.C.
460ss note) is amended— (1) in the paragraph heading, by striking ‘‘AN- NUAL 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 Im- provement Ac, and biennially thereafter’’; and (3) in subparagraph (D), by striking ‘‘the cal- endar 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 strik- ing ‘‘(as determined by the Secretary of Commerce under section 308(b) of the Interjurisdictional Fisheries Act of 1986)’’ and inserting ‘‘(as determined by the Secretary of 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2034 Commerce under the Fishery Resource Disasters Improve- ment Act)’’.

SEC.

205.

BUDGET REQUESTS; REPORTS.


(a) BUDGET REQUEST.—In the budget justification materials submitted to Congress in support of the budget of the Department of Commerce for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the Secretary of Commerce shall include a separate statement of the amount for each outstanding unfunded fishery resource 11 disasters.
(b) DRIFTNET ACT AMENDMENTS OF 1990 REPORT AND BYCATCH REDUCTION AGREEMENTS.— (1) IN GENERAL.—The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.

1801 et seq.)

is amended— (A) in section 202(h), by striking para- graph (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), respec- tively.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2035 (2) BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.—Section 607 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826h) is amended— (A) by inserting ‘‘(a) IN GENERAL.—’’ be- fore ‘‘The Secretary’’ and indenting appro- priately; and (B) by adding at the end the following: ‘‘(b) ADDITIONAL INFORMATION.—In addition to the information described in paragraphs (1) through (5) of subsection (a), the report shall include— ‘‘(1) a description of the actions taken to carry out the provisions of section 206 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C.
1826), including— ‘‘(A) an evaluation of the progress of those efforts, the impacts on living marine resources, including available observer data, and specific plans for further action; ‘‘(B) a list and description of any new fish- eries developed by nations that conduct, or au- thorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2036 ‘‘(C) a list of the nations that conduct, or authorize their nationals to conduct, large-scale driftnet fishing beyond the exclusive economic zone of any nation in a manner that diminishes the effectiveness of or is inconsistent with any international agreement governing large-scale driftnet fishing to which the United States is a party or otherwise subscribes; and ‘‘(2) a description of the actions taken to carry out the provisions of section 202(h) of the Magnu- son-Stevens Fishery Conservation and Management Act (16 U.S.C.
1822(h)).

‘‘(c) CERTIFICATION.—If, at any time, the Secretary, in consultation with the Secretary of State and the Sec- retary of the department in which the Coast Guard is op- erating, 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 Fish- ermen’s Protective Act of 1967 (22 U.S.C.

1978(a)).’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2037 TITLE III—ALASKA SALMON RESEARCH TASK FORCE SEC.

301.

SHORT TITLE.

This title may be cited as the ‘‘Alaska Salmon Re- search Task Force Act’’.

SEC.

302.

PURPOSES.
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 Pa- cific salmon in Alaska; (3) to address the increased variability or de- cline 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 rec- reational 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2038 search 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 peo- ple of Indigenous heritage and the salmon they rely on for subsistence and traditional and cultural prac- tices.

SEC.

304.

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

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2039 (2) APPOINTMENT BY SECRETARY.—The Sec- retary of Commerce shall appoint members to the Research Task Force as follows: (A) One representative from each of the following: (i) The National Oceanic and Atmos- pheric Administration who is knowledge- able about salmon and salmon research ef- forts in Alaska.

(ii) The North Pacific Fishery Man- agement 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 cat- egories, at least 2 of whom shall represent Alas- ka Natives who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska, to be appointed with due regard to differences in regional perspectives and expe- rience: (i) Residents of Alaska who possess personal knowledge of, and direct experi- ence with, subsistence uses in rural Alaska.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2040 (ii) Alaska fishing industry represent- atives throughout the salmon supply chain, including from— (I) directed commercial fishing; (II) recreational fishing; (III) charter fishing; (IV) seafood processors; (V) salmon prohibited species catch (bycatch) users; or (VI) hatcheries.
(C) 5 representatives who are academic ex- perts in salmon biology, salmon ecology (marine and freshwater), salmon habitat restoration and conservation, or comprehensive marine research planning in the North Pacific.

(3) APPOINTMENT BY THE GOVERNOR OF ALAS- KA.—The Governor of Alaska shall appoint to the Research Task Force one representative from the State of Alaska who is knowledgeable about the State of Alaska’s salmon research efforts.
(c) DUTIES.— (1) REVIEW.—The Research Task Force shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2041 (A) conduct a review of Pacific salmon science relevant to understanding salmon re- turns in Alaska, including an examination of— (i) traditional ecological knowledge of salmon populations and their ecosystems; (ii) marine carrying capacity and den- sity dependent constraints, including an examination of interactions with other salmon species, and with forage base in marine ecosystems; (iii) life-cycle and stage-specific mor- tality; (iv) genetic sampling and categoriza- tion of population structure within salmon species in Alaska; (v) methods for predicting run-timing and stock sizes; (vi) oceanographic models that provide insight into stock distribution, growth, and survival; (vii) freshwater, estuarine, and marine processes that affect survival of smolts; (viii) climate effects on freshwater and marine habitats; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2042 (ix) predator/prey interactions be- tween salmon and marine mammals or other predators; and (x) salmon productivity trends in other regions, both domestic and inter- national, that put Alaska salmon popu- lations in a broader geographic context; and (B) identify scientific research gaps in un- derstanding the Pacific salmon life cycle in Alaska.
(2) REPORT.—Not later than 1 year after the date the Research Task Force is convened, the Re- search 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 Appropria- tions of the Senate, the Committee on Natural Re- sources of the House of Representatives, the Sub- committee on Commerce, Justice, Science, and Re- lated Agencies of the Committee on Appropriations of the House of Representatives, and the Alaska December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2043 State Legislature, and make publicly available, a re- port— (A) describing the review conducted under paragraph (1); and (B) that includes— (i) recommendations on filling knowl- edge gaps that warrant further scientific inquiry; and (ii) findings from the reports of work groups submitted under subsection (d)(2)(C).

(d) ADMINISTRATIVE MATTERS.— (1) CHAIRPERSON AND VICE CHAIRPERSON.— The Research Task Force shall select a Chair and Vice Chair by vote from among the members of the Research Task Force.
(2) WORK GROUPS.— (A) IN GENERAL.—The Research Task Force— (i) not later than 30 days after the date of the establishment of the Research Task Force, shall establish a work group focused specifically on the research needs associated with salmon returns in the AYK December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2044 (Arctic-Yukon-Kuskokwim) regions of Western Alaska; and (ii) may establish additional regionally or stock focused work groups within the Research Task Force, as members deter- mine appropriate.
(B) COMPOSITION.—Each work group es- tablished under this subsection shall— (i) consist of not less than 5 individ- uals 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 stake- holder representation, including commer- cial, recreational, and subsistence fisheries, as well as experts in statistical, biological, economic, social, or other scientific infor- mation as relevant to the work group’s focus.
(C) REPORTS.—Not later than 9 months after the date the Research Task Force is con- vened, each work group established under this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2045 subsection shall submit a report with the work group’s findings to the Research Task Force.

(3) COMPENSATION.—Each member of the Re- search Task Force shall serve without compensation.
(4) ADMINISTRATIVE SUPPORT.—The Secretary of Commerce shall provide such administrative sup- port 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 partici- pation 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 Protec- tion Act (16 U.S.C.

1826d et seq.)
1826d et seq.)

is amended— (1) in section 609— (A) by striking subsection (e); and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2046 (2) in section 610— (A) in subsection (b)— (i) in paragraph (2), by inserting ‘‘and’’ after the semicolon; (ii) by striking paragraph (3); and (iii) by redesignating paragraph (4) as paragraph (3); and (B) in subsection (c)(4)— (i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon; (ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and (iii) by striking subparagraph (C).

DIVISION T—SECURE 2.0 ACT OF 2022 SEC.

1.

SHORT TITLE; ETC.


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

19 (b) AMENDMENT OF 1986 CODE.—Except as other- wise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amend- ment to, or repeal of, a section or other provision, the ref- erence shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2047 TITLE I—EXPANDING COVERAGE INCREASING RETIRE- AND MENT SAVINGS SEC.

101.

EXPANDING AUTOMATIC ENROLLMENT IN RE- TIREMENT 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 EN- ROLLMENT.
‘‘(a) IN GENERAL.—Except as otherwise provided in 12 this section— ‘‘(1) an arrangement shall not be treated as a qualified cash or deferred arrangement described in section 401(k) unless such arrangement meets the automatic enrollment requirements of subsection (b), and ‘‘(2) an annuity contract otherwise described in section 403(b) which is purchased under a salary re- duction 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 agree- ment meets the requirements of this subsection if December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2048 such arrangement or agreement is an eligible auto- matic contribution arrangement (as defined in sec- tion 414(w)(3)) which meets the requirements of paragraphs (2) through (4).
‘‘(2) ALLOWANCE OF PERMISSIBLE WITH- DRAWALS.—An eligible automatic contribution ar- rangement meets the requirements of this paragraph if such arrangement allows employees to make per- missible withdrawals (as defined in section 414(w)(2)).
‘‘(3) MINIMUM CONTRIBUTION PERCENTAGE.— ‘‘(A) IN GENERAL.—An eligible automatic contribution arrangement meets the require- ments of this paragraph if— ‘‘(i) the uniform percentage of com- pensation contributed by the participant under such arrangement during the first year of participation is not less than 3 per- cent and not more than 10 percent (unless the participant specifically elects not to have such contributions made or to have such contributions made at a different per- centage), and ‘‘(ii) effective for the first day of each plan year starting after each completed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2049 year of participation under such arrange- ment such uniform percentage is increased by 1 percentage point (to at least 10 per- cent, 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 per- centage.
‘‘(B) INITIAL REDUCED CEILING FOR CER- TAIN PLANS.—In the case of any eligible auto- matic contribution arrangement (other than an arrangement that meets the requirements of paragraph (12) or (13) of section 401(k)), for plan years ending before January 1, 2025, sub- paragraph (A)(ii) shall be applied by sub- stituting ‘10 percent’ for ‘15 percent’.
‘‘(4) INVESTMENT REQUIREMENTS.—An eligible automatic contribution arrangement meets the re- quirements of this paragraph if amounts contributed pursuant to such arrangement, and for which no in- vestment 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2050 ‘‘(1) SIMPLE PLANS.—Subsection (a) shall not apply to any simple plan (within the meaning of sec- tion 401(k)(11)).
‘‘(2) EXCEPTION FOR PLANS OR ARRANGE- MENTS ESTABLISHED BEFORE ENACTMENT OF SEC- TION.— ‘‘(A) IN GENERAL.—Subsection (a) shall not apply to— ‘‘(i) any qualified cash or deferred ar- rangement established before the date of the enactment of this section, or ‘‘(ii) any annuity contract purchased under a plan established before the date of the enactment of this section.
‘‘(B) POST-ENACTMENT ADOPTION OF MULTIPLE EMPLOYER PLAN.—Subparagraph (A) shall not apply in the case of an employer adopting after such date of enactment a plan maintained by more than one employer, and subsection (a) shall apply with respect to such employer as if such plan were a single plan.
‘‘(3) EXCEPTION FOR GOVERNMENTAL AND CHURCH PLANS.—Subsection (a) shall not apply to any governmental plan (within the meaning of sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2051 tion 414(d)) or any church plan (within the meaning of section 414(e)).
‘‘(4) EXCEPTION FOR NEW AND SMALL BUSI- NESSES.— ‘‘(A) NEW BUSINESS.—Subsection (a) shall not apply to any qualified cash or deferred arrangement, or any annuity contract pur- chased under a plan, while the employer main- taining such plan (and any predecessor em- ployer) 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 pur- chased under a plan, earlier than the date that is 1 year after the close of the first taxable year with respect to which the employer maintaining the plan normally employed more than 10 em- ployees.
‘‘(C) TREATMENT OF MULTIPLE EM- PLOYER PLANS.—In the case of a plan main- tained by more than 1 employer, subparagraphs (A) and (B) shall be applied separately with re- spect to each such employer, and all such em- ployers to which subsection (a) applies (after December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2052 the application of this paragraph) shall be treated as maintaining a separate plan for pur- poses 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 De- cember 31, 2024.

11 SEC.

102.

MODIFICATION OF CREDIT FOR SMALL EM- PLOYER PENSION PLAN STARTUP COSTS.
(a) INCREASE IN CREDIT PERCENTAGE FOR SMALL- ER EMPLOYERS.—Section 45E(e) of is amended by adding at the end the following new paragraph: ‘‘(4) INCREASED CREDIT FOR CERTAIN SMALL EMPLOYERS.—In the case of an employer which would be an eligible employer under subsection (c) if section 408(p)(2)(C)(i) was applied by substituting ‘50 employees’ for ‘100 employees’, subsection (a) shall be applied by substituting ‘100 percent’ for ‘50 percent’.’’.
(b) ADDITIONAL CREDIT FOR EMPLOYER CONTRIBU- TIONS BY CERTAIN SMALL EMPLOYERS.—Section 45E, as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2053 amended by subsection (a), is amended by adding at the end the following new subsection: ‘‘(f) ADDITIONAL CREDIT FOR EMPLOYER CON- TRIBUTIONS BY CERTAIN ELIGIBLE EMPLOYERS.— ‘‘(1) IN GENERAL.—In the case of an eligible employer, the credit allowed for the taxable year under subsection (a) (determined without regard to this subsection) shall be increased by an amount equal to the applicable percentage of employer con- tributions (other than any elective deferrals (as de- fined in section 402(g)(3)) by the employer to an eli- gible 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 ap- plication of subparagraph (B)) with respect to any employee of the employer shall not exceed $1,000.
‘‘(B) CREDIT PHASE-IN.—In the case of any eligible employer which had for the pre- ceding taxable year more than 50 employees, the amount determined under paragraph (1) (without regard to this subparagraph) shall be December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2054 reduced by an amount equal to the product of— ‘‘(i) the amount otherwise so deter- mined under paragraph (1), multiplied by ‘‘(ii) a percentage equal to 2 percent- age points for each employee of the em- ployer for the preceding taxable year in ex- cess of 50 employees.
‘‘(C) WAGE LIMITATION.— ‘‘(i) IN GENERAL.—No contributions with respect to any employee who receives wages from the employer for the taxable year in excess of $100,000 may be taken into account for such taxable year under subparagraph (A).

‘‘(ii) WAGES.—For purposes of the preceding sentence, the term ‘wages’ has the meaning given such term by section 3121(a).
‘‘(iii) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2023, the $100,000 amount under clause (i) shall be increased by an amount equal to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2055 ‘‘(I) such dollar amount, multi- plied by ‘‘(II) the cost-of-living adjust- ment determined under section 1(f)(3) for the calendar year in which the tax- able year begins, determined by sub- stituting ‘calendar year 2007’ for ‘cal- endar 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 tax- able 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 taxable year beginning after the taxable year during which plan is es- tablished with respect to the eligible employer: 1st ................................................................................................ 2nd ............................................................................................... 3rd ............................................................................................... 4th ................................................................................................ Any taxable year thereafter ......................................................... 100% 75% 50% 25% 0% December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2056 ‘‘(4) DETERMINATION OF ELIGIBLE EMPLOYER; NUMBER OF EMPLOYEES.—For purposes of this sub- section, whether an employer is an eligible employer and the number of employees of an employer shall be determined under the rules of subsection (c), ex- cept 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 de- duction shall be allowed— ‘‘(A) for that portion of the qualified start- up 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 con- tributions 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.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2057 (d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

SEC.

103.

SAVER’S MATCH.

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

6433.

SAVER’S MATCH.


‘‘(a) IN GENERAL.— ‘‘(1) ALLOWANCE OF MATCH.—Any eligible in- dividual who makes qualified retirement savings con- tributions 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 contribu- tions made by such eligible individual for the taxable year as does not exceed $2,000.
‘‘(2) PAYMENT OF MATCH.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the matching contribution under this section shall be allowed as a credit which shall be payable by the Secretary as a contribution (as soon as practicable after the el- igible individual has filed a tax return making a claim for such matching contribution for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2058 taxable year) to the applicable retirement sav- ings vehicle of the eligible individual.

‘‘(B) EXCEPTION.—In the case of an eligi- ble individual who elects the application of this subparagraph and with respect to whom the matching contribution determined under para- graph (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 para- graph (2), the applicable percentage is 50 percent.
‘‘(2) PHASEOUT.—The percentage under para- graph (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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2059 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 subpara- graph (A) (as adjusted under subsection (h)), and ‘‘(ii) any taxpayer who is not filing a joint return, who is not a head of a house- hold (as so defined), and who is not a sur- viving spouse (as defined in section 2(a)), the applicable dollar amount and the phaseout range shall be 1⁄2 of the amounts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2060 applicable under subparagraph (A) (as so adjusted).

‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘eligible indi- vidual’ 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 an- other 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 indi- vidual is treated for such taxable year as a resident of the United States for purposes of chapter 1 by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2061 reason of an election under subsection (g) or (h) of section 6013.
‘‘(d) QUALIFIED RETIREMENT SAVINGS CONTRIBU- TIONS.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified retire- ment savings contributions’ means, with respect to any taxable year, the sum of— ‘‘(A) the amount of the qualified retire- ment contributions (as defined in section 219(e)) made by the eligible individual, ‘‘(B) the amount of— ‘‘(i) any elective deferrals (as defined in section 402(g)(3)) of such individual, and ‘‘(ii) any elective deferral of com- pensation by such individual under an eli- gible deferred compensation plan (as de- fined in section 457(b)) of an eligible em- ployer 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).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2062 ‘‘(2) REDUCTION FOR CERTAIN DISTRIBU- TIONS.— ‘‘(A) IN GENERAL.—The qualified retire- ment savings contributions determined under paragraph (1) for a taxable year shall be re- duced (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 re- spect to a taxable year, is the period which in- cludes— and ‘‘(i) such taxable year, ‘‘(ii) the 2 preceding taxable years, ‘‘(iii) the period after such taxable year and before the due date (including ex- tensions) for filing the return of tax for such taxable year.
‘‘(C) EXCEPTED DISTRIBUTIONS.—There shall not be taken into account under subpara- graph (A)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2063 ‘‘(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 RE- CEIVED BY SPOUSE OF INDIVIDUAL.—For pur- poses of determining distributions received by an individual under subparagraph (A) for any taxable year, any distribution received by the spouse of such individual shall be treated as re- ceived 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 VEHI- CLE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2064 ‘‘(1) IN GENERAL.—The term ‘applicable retire- ment savings vehicle’ means an account or plan elected by the eligible individual under paragraph (2).
‘‘(2) ELECTION.—Any such election to have contributed the amount determined under subsection (a) shall be to an account or plan which— ‘‘(A) is— ‘‘(i) the portion of a plan which— ‘‘(I) is described in clause (v) of section 402(c)(8)(B), is a qualified cash or deferred arrangement (within the meaning of section 401(k)), or is an annuity contract described in sec- tion 403(b) which is purchased under a salary reduction agreement, and ‘‘(II) does not consist of a quali- fied Roth contribution program (as defined in section 402A(b)), or ‘‘(ii) an individual retirement plan which is not a Roth IRA, ‘‘(B) is for the benefit of the eligible indi- vidual, ‘‘(C) accepts contributions made under this section, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2065 ‘‘(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 ad- justed gross income’ means adjusted gross income— ‘‘(A) determined without regard to sections 911, 931, and 933, and ‘‘(B) determined without regard to any ex- clusion or deduction allowed for any qualified retirement savings contribution made during the taxable year.
‘‘(2) TREATMENT OF CONTRIBUTIONS.—In the case of any contribution under subsection (a)(2)— ‘‘(A) except as otherwise provided in this section or by the Secretary under regulations, such contribution shall be treated as— ‘‘(i) an elective deferral made by the individual, if contributed to an applicable retirement savings vehicle described in sub- section (e)(2)(A)(i), or ‘‘(ii) as an individual retirement plan contribution made by such individual, if contributed to such a plan, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2066 ‘‘(B) such contribution shall not be taken into account with respect to any applicable limi- tation under sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B), 408A(c)(2), 414(v)(2), 415(c), or 457(b)(2), and shall be disregarded for purposes of sections 401(a)(4), 401(k)(3), 401(k)(11)(B)(i)(III), and 416, and ‘‘(C) such contribution shall not be treated as an amount that may be paid, made available, or distributable to the participant under section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 457(d)(1)(A)(iii).
‘‘(3) TREATMENT OF QUALIFIED PLANS, ETC.— A plan or arrangement to which a contribution is made under this section shall not be treated as vio- lating any requirement under section 401, 403, 408, or 457 solely by reason of accepting such contribu- tion.
‘‘(4) ERRONEOUS MATCHING CONTRIBU- TIONS.— ‘‘(A) IN GENERAL.—If any contribution is erroneously paid under subsection (a)(2), in- cluding a payment that is not made to an appli- cable retirement savings vehicle, the amount of such erroneous payment shall be treated as an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2067 underpayment of tax (other than for purposes of part II of subchapter A of chapter 68) for the taxable year in which the Secretary deter- mines the payment is erroneous.
‘‘(B) DISTRIBUTION OF ERRONEOUS MATCHING CONTRIBUTIONS.—In the case of a contribution to which subparagraph (A) ap- plies— ‘‘(i) section 402(a), 403(a)(1), 403(b)(1), 408(d)(1), or 457(a)(1), which- ever is applicable, shall not apply to any distribution of such contribution, and sec- tion 72(t) shall not apply to the distribu- tion of such contribution or any income at- tributable thereto, if such distribution is received not later than the day prescribed by law (including extensions of time) for filing the individual’s return for such tax- able 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 mak- ing such distribution.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2068 ‘‘(5) EXCEPTION FROM REDUCTION OR OFF- SET.—Any payment made to any individual under this section shall not be— ‘‘(A) subject to reduction or offset pursu- ant to subsection (c), (d), (e), or (f) of section 6402 or any similar authority permitting offset, or ‘‘(B) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection.
‘‘(6) SAVER’S MATCH RECOVERY PAYMENTS.— ‘‘(A) IN GENERAL.—In the case of an ap- plicable retirement savings vehicle to which con- tributions have been made under subsection (a)(2), and from which a specified early dis- tribution has been made during the taxable year, if the aggregate amount of such contribu- tions exceeds the account balance of such sav- ings 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 chap- ter was increased under section 72(t)(1) with respect to such distribution).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2069 ‘‘(B) SPECIFIED EARLY DISTRIBUTION.— For purposes of this paragraph, the term ‘spec- ified early distribution’ means any portion of a distribution— ‘‘(i) which is from such applicable re- tirement savings vehicle to which a con- tribution has been made under subsection (a)(2), ‘‘(ii) which is includible in gross in- come, and ‘‘(iii) to which 72(t)(1) applies.
‘‘(C) EXCESS MAY BE REPAID.— ‘‘(i) IN GENERAL.—The increase in tax for any taxable year under subpara- graph (A) shall be reduced (but not below zero) by so much of such specified early distribution as the individual elects to con- tribute 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2070 more contributions in an aggregate amount not to exceed the amount of the specified early distribution to which the election re- lates 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 VE- HICLE OTHER THAN IRAS.—The aggregate amount of contributions made by an indi- vidual under clause (ii) to any applicable savings retirement vehicle which is not an individual retirement plan shall not exceed the aggregate amount of specified early re- tirement distributions which are made from such savings retirement vehicle to such individual.
Clause (ii) shall not apply to contributions to any applicable retire- ment savings vehicle which is not an indi- vidual retirement plan unless the individual is eligible to make contributions (other than those described in clause (ii)) to such retirement savings vehicle.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2071 ‘‘(iv) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM APPLICABLE ELI- GIBLE RETIREMENT PLANS OTHER THAN IRAS.—If a contribution is made under clause (ii) with respect to a specified early distribution from an applicable savings re- tirement vehicle other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribu- tion, be treated as having received such distribution in an eligible rollover distribu- tion (as defined in section 402(c)(4)) and as having transferred the amount to the savings retirement vehicle in a direct trust- ee to trustee transfer within 60 days of the distribution.
‘‘(v) TREATMENT OF REPAYMENTS FOR DISTRIBUTIONS FROM IRAS.—If a con- tribution is made under clause (ii) with re- spect 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 dis- tribution described in section 408(d)(3) and as having been transferred to the ap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2072 plicable retirement savings vehicle in a di- rect trustee to trustee transfer within 60 days of the distribution.

‘‘(D) RULES TO ACCOUNT FOR INVEST- MENT LOSS.—The Secretary shall prescribe such rules as may be appropriate to reduce any increase in tax otherwise made under subpara- graph (A) to properly account for the extent to which any portion of the excess described in such subparagraph is allocable to investment loss in the retirement savings vehicle.
‘‘(g) PROVISION BY SECRETARY OF INFORMATION RELATING TO CONTRIBUTIONS.—In the case of an amount elected by an eligible individual to be contributed to an account or plan under subsection (e)(2), the Sec- retary shall provide general guidance applicable to the cus- todian 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2073 $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 deter- mined under section 1(f)(3) for the calendar year in which the taxable year begins, deter- mined by substituting ‘calendar year 2026’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof.

‘‘(2) ROUNDING.—Any increase determined under paragraph (1) shall be rounded to the nearest multiple of $1,000.’’.
(b) TREATMENT OF CERTAIN POSSESSIONS.— (1) PAYMENTS TO POSSESSIONS WITH MIRROR CODE TAX SYSTEMS.—The Secretary of the Treas- ury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section.

Such amounts shall be determined by the Secretary of the Treasury based on information provided by the gov- ernment of the respective possession.
(2) PAYMENTS TO OTHER POSSESSIONS.—The Secretary of the Treasury shall pay to each posses- sion of the United States which does not have a mir- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2074 ror code tax system amounts estimated by the Sec- retary of the Treasury as being equal to the aggre- gate benefits (if any) that would have been provided to eligible residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such posses- sion.
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 sub- stantially similar to a plan, or is a plan, described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) of the Internal Revenue Code of 1986 or an individual retirement plan, and the restrictions on distributions from such retirement savings vehicle are substantially similar to the provisions of section 6433(d)(2) of such Code (as added by this section).
(3) COORDINATION WITH UNITED STATES SAVER’S MATCH.—No matching contribution shall be allowed under section 6433 of the Internal Revenue Code of 1986 (as added by this section) to any per- son— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2075 (A) to whom a matching contribution is paid by the possession by reason of the amend- ments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2).
(4) MIRROR CODE TAX SYSTEM.—For purposes of this subsection, the term ‘‘mirror code tax sys- tem’’ means, with respect to any possession of the United States, the income tax system of such posses- sion if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
(5) TREATMENT OF PAYMENTS.—For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit pro- vision referred to in subsection (b)(2) of such sec- tion.

(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 Treas- ury shall amend the forms relating to reports re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2076 quired under section 6058 of the Internal Revenue Code of 1986 to require— (A) separate reporting of the aggregate amount of contributions received by the plan during the year under section 6433 of the In- ternal Revenue Code of 1986 (as added by this section), and (B) similar reporting with respect to indi- vidual retirement accounts (as defined in sec- tion 408 of such Code) and individual retire- ment annuities (as defined in section 408(b) of such Code).
(d) PAYMENT AUTHORITY.—Section 1324(b)(2) of title 31, United States Code, is amended by striking ‘‘or 7527A’’ and inserting ‘‘7527A, or 6433’’.

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

6433.

Saver’s Match.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2077 (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 nec- essary and appropriate to increase public awareness of the matching contribution provided under section 6433 of the Internal Revenue Code of 1986.

(b) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than July 1, 2026, the Secretary shall provide a report to Congress to summarize the anticipated promotion efforts of the Treasury under subsection (a).
(2) CONTENTS.—Such report shall include— (A) a description of plans for— (i) the development and distribution of digital and print materials, including the distribution of such materials to States for participants in State facilitated retirement savings programs, (ii) the translation of such materials into the 10 most commonly spoken lan- guages in the United States after English (as determined by reference to the most re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2078 cent American Community Survey of the Bureau of the Census), and (iii) communicating the adverse con- sequences of early withdrawal from an ap- plicable retirement savings vehicle to which a matching contribution has been paid under section 6333(a)(2) of the Internal Revenue Code of 1986, including the oper- ation of the Saver’s Match Recovery Pay- ment rules under section 6433(f)(6) of such Code and associated early withdrawal penalties, and (B) such other information as the Sec- retary determines is necessary.
SEC.

105.

POOLED EMPLOYER PLANS MODIFICATION.

(a) IN GENERAL.—Section 3(43)(B)(ii) of the Em- ployee Retirement Income Security Act of 1974 (29 U.S.C.

1002(43)(B)(ii)) is amended to read as follows: ‘‘(ii) designate a named fiduciary (other than an employer in the plan) to be responsible for collecting contributions to the plan and require such fiduciary to im- plement written contribution collection pro- cedures that are reasonable, diligent, and systematic;’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2079 (b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- cember 31, 2022.

SEC.

106.

MULTIPLE EMPLOYER 403(b) PLANS.


(a) IN GENERAL.—Section 403(b) is amended by adding at the end the following new paragraph: ‘‘(15) MULTIPLE EMPLOYER PLANS.— ‘‘(A) IN GENERAL.—Except in the case of a church plan, this subsection shall not be treated as failing to apply to an annuity con- tract 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 fail- ing to apply to an annuity contract held under such plan merely because of one or more employers failing to meet the require- ments of this subsection if such plan satis- fies rules similar to the rules of section 413(e)(2) with respect to any such em- ployer failure.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2080 ‘‘(ii) ADDITIONAL REQUIREMENTS IN CASE OF NON-GOVERNMENTAL PLANS.—A plan shall not be treated as meeting the re- quirements 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 subdivi- sion of a State, or an agency or instrumen- tality of any one or more of the fore- going.’’.
(b) ANNUAL REGISTRATION FOR 403(b) MULTIPLE EMPLOYER PLAN.—Section 6057 is amended by redesig- nating 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 pur- chased meeting the requirements of paragraph (15) there- of, such plan shall be treated as a single plan for purposes of this section.’’.
24 25 (c) ANNUAL INFORMATION RETURNS FOR 403(b) MULTIPLE EMPLOYER PLAN.—Section 6058 is amended December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2081 by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) 403(b) MULTIPLE EMPLOYER PLANS TREATED AS ONE PLAN.—In the case of annuity contracts to which this section applies and to which section 403(b) applies by reason of the plan under which such contracts are pur- chased meeting the requirements of paragraph (15) there- of, such plan shall be treated as a single plan for purposes of this section.’’.
(d) AMENDMENTS TO EMPLOYEE RETIREMENT IN- COME SECURITY ACT OF 1974.— (1) IN GENERAL.—Section 3(43)(A) of the Em- ployee Retirement Income Security Act of 1974 is amended— (A) in clause (ii), by striking ‘‘section 501(a) of such Code or’’ and inserting ‘‘section 501(a) of such Code, a plan that consists of an- nuity 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 insert- ing ‘‘the plan, but such term shall include any plan (other than a plan excepted from the ap- plication of this title by section 4(b)(2)) main- tained for the benefit of the employees of more December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2082 than 1 employer that consists of annuity con- tracts described in section 403(b) of such Code and that meets the requirements of subpara- graph (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 FAIL- URE TO MEET MULTIPLE EMPLOYER PLAN REQUIRE- MENTS.—The Secretary of the Treasury (or the Sec- retary’s delegate) shall prescribe such regulations as may be necessary to clarify, in the case of plans to which sec- tion 403(b)(15) of the Internal Revenue Code of 1986 ap- plies, the treatment of an employer departing such plan in connection with such employer’s failure to meet mul- tiple employer plan requirements.
(f) MODIFICATION OF MODEL PLAN LANGUAGE, ETC.— 23 24 25 (1) PLAN NOTIFICATIONS.—The Secretary of the Treasury (or the Secretary’s delegate), in con- sultation with the Secretary of Labor, shall modify December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2083 the model plan language published under section 413(e)(5) of the Internal Revenue Code of 1986 to include language that requires participating employ- ers be notified that the plan is subject to the Em- ployee 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 employ- ees by a State, a political subdivision of a State, or an agency or instrumentality of any one or more of the foregoing), the Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Sec- retary of Labor, shall publish model plan language similar to model plan language published under sec- tion 413(e)(5) of such Code.
(3) EDUCATIONAL OUTREACH TO EMPLOYERS EXEMPT FROM TAX.—The Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Secretary of Labor, shall provide education and outreach to increase awareness to employers de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2084 scribed 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 In- come Security Act of 1974 and that such employer is a plan sponsor with respect to its employees par- ticipating 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 em- ployer, or to any application of rules similar to section 413(e) of such Code to such a plan, no inference shall be made from section 403(b)(15)(A) of such Code (as added by this Act) not applying to such plans.
(h) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section shall apply to plan years beginning after December 31, 2022.

(2) RULE OF CONSTRUCTION.—Nothing in the amendments made by subsection (a) shall be con- strued as limiting the authority of the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2085 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 re- quirement applicable under the Internal Revenue Code of 1986 with respect to one employer (and its employees) in the case of a plan to which section 403(b)(15) of the Internal Revenue Code of 1986 applies.

SEC.

107.

INCREASE IN AGE FOR REQUIRED BEGINNING DATE FOR MANDATORY DISTRIBUTIONS.
(a) IN GENERAL.—Section 401(a)(9)(C)(i)(I) is amended by striking ‘‘age 72’’ and inserting ‘‘the applica- ble age’’.

14 (b) SPOUSE BENEFICIARIES; SPECIAL RULE FOR OWNERS.—Subparagraphs (B)(iv)(I) and (C)(ii)(I) of sec- tion 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2086 ‘‘(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 tax- able 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 LIMITA- TION.—In the case of any taxable year be- ginning 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, multi- plied by ‘‘(II) the cost-of-living adjust- ment determined under section 1(f)(3) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2087 for the calendar year in which the tax- able year begins, determined by sub- stituting ‘calendar year 2022’ for ‘cal- endar year 2016’ in subparagraph (A)(ii) thereof.

If any amount after adjustment under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lower multiple of $100.’’.

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

109.

HIGHER CATCH-UP LIMIT TO APPLY AT AGE 60, 61, 62, AND 63.

(a) IN GENERAL.— (1) PLANS OTHER THAN SIMPLE PLANS.—Sec- tion 414(v)(2)(B)(i) is amended by inserting the fol- lowing 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 be- fore the close of the taxable year)’’.
(2) SIMPLE PLANS.—Section 414(v)(2)(B)(ii) is amended by inserting the following before the pe- riod: ‘‘(the adjusted dollar amount, in the case of an eligible participant who would attain age 60 but December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2088 would not attain age 64 before the close of the tax- able year)’’.
(b) ADJUSTED DOLLAR AMOUNT.—Section 414(v)(2) is amended by adding at the end the following new sub- paragraph: ‘‘(E) ADJUSTED DOLLAR AMOUNT.—For purposes of subparagraph (B), the adjusted dol- lar amount is— ‘‘(i) in the case of clause (i) of sub- paragraph (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 sub- paragraph (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 partici- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2089 pants not described in the parenthet- ical 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 De- cember 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.’’.
13 14 (d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after 15 December 31, 2024.

16 SEC.

110.

TREATMENT OF STUDENT LOAN PAYMENTS AS ELECTIVE DEFERRALS FOR PURPOSES OF MATCHING CONTRIBUTIONS.
(a) IN GENERAL.—Subparagraph (A) of section 401(m)(4) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the fol- 23 lowing new clause: 24 25 ‘‘(iii) subject to the requirements of paragraph (14), any employer contribution December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2090 made to a defined contribution plan on be- half of an employee on account of a quali- fied student loan payment.’’.
(b) QUALIFIED STUDENT LOAN PAYMENT.—Para- graph (4) of section 401(m) is amended by adding at the end the following new subparagraph: ‘‘(D) QUALIFIED STUDENT LOAN PAY- MENT.—The term ‘qualified student loan pay- ment’ 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 ex- penses, 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 con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2091 tribution 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 para- graph: ‘‘(13) MATCHING CONTRIBUTIONS FOR QUALI- FIED STUDENT LOAN PAYMENTS.— ‘‘(A) IN GENERAL.—For purposes of para- graph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if— ‘‘(i) the plan provides matching con- tributions on account of elective deferrals December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2092 at the same rate as contributions on ac- count of qualified student loan payments, ‘‘(ii) the plan provides matching con- tributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching con- tributions on account of elective deferrals, ‘‘(iii) under the plan, all employees el- igible 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 stu- dent loan payments vest in the same man- ner as matching contributions on account of elective deferrals.
‘‘(B) TREATMENT FOR PURPOSES OF NON- DISCRIMINATION RULES, ETC.— ‘‘(i) NONDISCRIMINATION RULES.— For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in para- graph (4)(A)(iii) shall not fail to be treated as available to an employee solely because December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2093 such employee does not have debt incurred under a qualified education loan (as de- fined in section 221(d)(1)).

‘‘(ii) STUDENT LOAN PAYMENTS NOT TREATED AS PLAN CONTRIBUTION.—Ex- cept 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 para- graph (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 PERCENT- AGE TESTING.—In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2094 scribed in paragraph (4)(A)(iii) for the plan year.
‘‘(C) EMPLOYER MAY RELY ON EMPLOYEE CERTIFICATION.—The employer may rely on an employee certification of payment under para- graph (4)(D)(ii).’’.
(d) SIMPLE RETIREMENT ACCOUNTS.—Paragraph (2) of section 408(p) is amended by adding at the end the following new subparagraph: ‘‘(F) MATCHING CONTRIBUTIONS FOR QUALIFIED STUDENT LOAN PAYMENTS.— ‘‘(i) IN GENERAL.—Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the re- quirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed— ‘‘(I) the applicable dollar amount under subparagraph (E) (after appli- cation of section 414(v)) for the year (or, if lesser, the employee’s com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2095 pensation (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 PAY- MENT.—For purposes of this subpara- graph— ‘‘(I) IN GENERAL.—The term ‘qualified student loan payment’ means a payment made by an em- ployee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education ex- penses, but only if the employee cer- tifies to the employer making the matching contribution that such pay- ment has been made on such a loan.
‘‘(II) QUALIFIED HIGHER EDU- CATION EXPENSES.—The term ‘quali- fied higher education expenses’ has the same meaning as when used in section 401(m)(4)(D).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2096 ‘‘(iii) APPLICABLE RULES.—Clause (i) shall apply to an arrangement only if, under the arrangement— ‘‘(I) matching contributions on account of qualified student loan pay- ments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and ‘‘(II) all employees otherwise eli- gible to participate in the arrange- ment are eligible to receive matching contributions on account of qualified student loan payments.’’.
(e) 403(b) PLANS.—Subparagraph (A) of section 403(b)(12) is amended by adding at the end the following: ‘‘The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the re- quirements of clause (ii) (and any regulation there- under).’’.
23 24 25 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2097 is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection sole- ly because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).’’.
(g) REGULATORY AUTHORITY.—The Secretary of the Treasury (or such Secretary’s delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations— (1) permitting a plan to make matching con- tributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annu- ally; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, in- cluding an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2098 (3) promulgating model amendments which plans may adopt to implement matching contribu- tions 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 EMPLOY- ERS WHICH JOIN AN EXISTING PLAN.
(a) IN GENERAL.—Section 45E(d)(3)(A) is amended by striking ‘‘effective’’ and inserting ‘‘effective with re- spect to the eligible employer’’.

(b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in the enact- ment of section 104 of the Setting Every Community Up for Retirement Enhancement Act of 2019.

SEC.

112.

MILITARY SPOUSE RETIREMENT PLAN ELIGI- BILITY CREDIT FOR SMALL EMPLOYERS.
(a) IN GENERAL.—Subpart D of part IV of sub- chapter A of chapter 1 is amended by adding at the end the following new section: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2099 ‘‘SEC.

45AA.

MILITARY SPOUSE RETIREMENT PLAN ELIGI- BILITY 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 par- ticipates in an eligible defined contribution plan of such employer at any time during such taxable year, plus ‘‘(2) so much of the contributions made by such employer (other than an elective deferral (as defined in section 402(g)(3)) to all such plans with respect to such employee during such taxable year as do not exceed $300.
‘‘(b) LIMITATION.—An individual shall only be taken into account as a military spouse under subsection (a) for the taxable year which includes the date on which such individual began participating in the eligible defined con- tribution plan of the employer and the 2 succeeding tax- able years.
24 25 26 ‘‘(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).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2100 ‘‘(d) MILITARY SPOUSE.—For purposes of this sec- tion— ‘‘(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 employ- ee’s spouse is a member of the uniformed services if such certification provides the name, rank, and serv- ice branch of such spouse.

‘‘(2) EXCLUSION OF HIGHLY COMPENSATED EMPLOYEES.—With respect to any employer, the term ‘military spouse’ shall not include any indi- vidual if such individual is a highly compensated em- ployee of such employer (within the meaning of sec- tion 414(q)).
‘‘(e) ELIGIBLE DEFINED CONTRIBUTION PLAN.— For purposes of this section, the term ‘eligible defined con- tribution plan’ means, with respect to any eligible small employer, any defined contribution plan (as defined in sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2101 tion 414(i)) of such employer if, under the terms of such plan— ‘‘(1) military spouses employed by such em- ployer 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 partici- pate in such plan— ‘‘(A) are immediately eligible to receive an amount of employer contributions under such plan which is not less the amount of such con- tributions that a similarly situated participant who is not a military spouse would be eligible to receive under such plan after 2 years of serv- ice, and ‘‘(B) immediately have a nonforfeitable right to the employee’s accrued benefit derived from employer contributions under such plan.
‘‘(f) AGGREGATION RULE.—All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one employer for purposes of this section.’’.

24 25 (b) CREDIT ALLOWED AS PART OF GENERAL BUSI- NESS CREDIT.—Section 38(b) is amended by striking December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2102 ‘‘plus’’ at the end of paragraph (39), by striking the period at the end of paragraph (40) and inserting ‘‘, plus’’, and by adding at the end the following new paragraph: ‘‘(41) in the case of an eligible small employer (as defined in section 45AA(c)), the military spouse retirement plan eligibility credit determined under section 45AA(a).’’.
(c) SPECIFIED CREDIT FOR PURPOSES OF CER- TIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.— Section 3511(d)(2) is amended by redesignating subpara- graphs (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 retire- ment 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 employ- ers.’’.

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

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2103 SEC.

113.

SMALL IMMEDIATE FINANCIAL INCENTIVES FOR CONTRIBUTING TO A PLAN.

(a) IN GENERAL.—Subparagraph (A) of section 401(k)(4) is amended by inserting ‘‘(other than a de mini- mis financial incentive (not paid for with plan assets) pro- vided 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 provi- sions 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 incen- tive (not derived from plan assets) to employees to elect to have the employer make contributions pursuant to a 16 salary reduction agreement.’’.
(c) EXEMPTION FROM PROHIBITED TRANSACTION RULES.—Subsection (d) of section 4975 is amended by striking ‘‘or’’ at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ‘‘, or’’, and by adding at the end the following new para- 22 graph: 23 24 25 26 ‘‘(24) the provision of a de minimis financial in- centive described in section 401(k)(4)(A).’’.
(d) AMENDMENT OF EMPLOYEE RETIREMENT IN- COME SECURITY ACT OF 1974.—Subsection (b) of section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2104 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1108(b)) is amended by adding at the end the following new paragraph: ‘‘(21) The provision of a de minimis financial incentive described in section 401(k)(4)(A) or sec- tion 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 begin- ning after the date of enactment of this Act.

SEC.

114.

DEFERRAL OF TAX FOR CERTAIN SALES OF EM- PLOYER STOCK TO EMPLOYEE STOCK OWN- ERSHIP PLAN SPONSORED BY S CORPORA- TION.

(a) IN GENERAL.—Section 1042(c)(1)(A) is amended by striking ‘‘domestic C corporation’’ and inserting ‘‘do- mestic corporation’’.
18 19 20 (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 21 subsection: 22 23 24 25 ‘‘(h) APPLICATION OF SECTION TO SALE OF STOCK IN S CORPORATION.—In the case of the sale of qualified securities of an S corporation, the election under sub- section (a) may be made with respect to not more than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2105 10 percent of the amount realized on such sale for pur- poses 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 sen- tence.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to sales after December 31, 2027.

SEC.

115.

WITHDRAWALS FOR CERTAIN EMERGENCY EX- PENSES.

(a) IN GENERAL.—Paragraph (2) of section 72(t) is amended by adding at the end the following new subpara- graph: ‘‘(I) DISTRIBUTIONS FOR CERTAIN EMER- GENCY EXPENSES.— ‘‘(i) IN GENERAL.—Any emergency personal expense distribution.
‘‘(ii) ANNUAL LIMITATION.—Not more than 1 distribution per calendar year may be treated as an emergency personal ex- pense distribution by any individual.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2106 ‘‘(iii) DOLLAR LIMITATION.—The amount which may be treated as an emer- gency personal expense distribution by any individual in any calendar year shall not exceed the lesser of $1,000 or an amount equal to the excess of— ‘‘(I) the individual’s total non- forfeitable accrued benefit under the plan (the individual’s total interest in the plan in the case of an individual retirement plan), determined as of the date of each such distribution, over ‘‘(II) $1,000.
‘‘(iv) EMERGENCY PERSONAL EX- PENSE DISTRIBUTION.—For purposes of this subparagraph, the term ‘emergency personal expense distribution’ means any distribution from an applicable eligible re- tirement plan (as defined in subparagraph (H)(vi)(I)) to an individual for purposes of meeting unforeseeable or immediate finan- cial needs relating to necessary personal or family emergency expenses.
The adminis- trator of an applicable eligible retirement plan may rely on an employee’s written December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2107 certification that the employee satisfies the conditions of the preceding sentence in de- termining whether any distribution is an emergency personal expense distribution.
The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan adminis- trator has actual knowledge to the con- trary of the employee’s certification, and for procedures for addressing cases of em- ployee misrepresentation.
‘‘(v) TREATMENT OF PLAN DISTRIBU- TIONS.—If a distribution to an individual would (without regard to clause (ii) or (iii)) be an emergency personal expense distribution, a plan shall not be treated as failing to meet any requirement of this title merely because the plan treats the dis- tribution as an emergency personal ex- pense distribution, unless the number or the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer, determined as provided in subparagraph (H)(iv)(II)) to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2108 such individual exceeds the limitation de- termined under clause (ii) or (iii).

‘‘(vi) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules similar to the rules of sub- paragraph (H)(v) shall apply with respect to an individual who receives a distribution to which clause (i) applies.
‘‘(vii) LIMITATION ON SUBSEQUENT DISTRIBUTIONS.—If a distribution is treat- ed as an emergency personal expense dis- tribution in any calendar year with respect to a plan of the employee, no amount may be treated as such a distribution during the immediately following 3 calendar years with respect to such plan unless— ‘‘(I) such previous distribution is fully repaid to such plan pursuant to clause (vi), or ‘‘(II) the aggregate of the elective deferrals and employee contributions to the plan (the total amounts con- tributed 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 pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2109 vious distribution which has not been so repaid.

‘‘(viii) SPECIAL RULES.—Rules simi- lar to the rules of subclauses (II) and (IV) of subparagraph (H)(vi) shall apply to any emergency personal expense distribution.’’.

(b) CROSS-REFERENCE.—See section 311 of this Act for amendment to section 72(t)(2)(H)(v)(I) of the Internal Revenue Code of 1986 limiting repayment of distribution to 3 years.
11 12 (c) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after Decem- 13 ber 31, 2023.

14 SEC.

116.

ALLOW ADDITIONAL NONELECTIVE CONTRIBU- TIONS TO SIMPLE PLANS.
(a) IN GENERAL.— (1) MODIFICATION TO DEFINITION.—Subpara- graph (A) of section 408(p)(2) is amended by strik- ing ‘‘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 nonelec- tive contributions of a uniform percentage (up to 10 percent) of compensation for each employee who is eligible to participate December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2110 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 fol- lowing: ‘‘The compensation taken into account under clause (iv) for any year shall not exceed the limita- tion in effect for such year under section 401(a)(17).’’.
(3) OVERALL DOLLAR LIMIT ON CONTRIBU- TIONS.—Paragraph (8) of section 408(p) is amended to read as follows: ‘‘(8) COORDINATION WITH MAXIMUM LIMITA- TION.—In the case of any simple retirement ac- count— ‘‘(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 ef- fect under subsection (p)(2)(A)(ii), the em- ployer contribution required under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is appli- cable, and a contribution which meets the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2111 quirement of subsection (p)(2)(A)(iv) with re- spect to the employee’, and ‘‘(B) subsection (b)(2)(B) shall be applied by substituting for ‘the dollar amount in effect under section 219(b)(1)(A)’ the following: ‘the sum of the dollar amount in effect under sub- section (p)(2)(A)(ii), the employer contribution required under subsection (p)(2)(A)(iii) or (p)(2)(B)(i), whichever is applicable, and a con- tribution which meets the requirement of sub- section (p)(2)(A)(iv) with respect to the em- ployee’.’’.
(4) ADJUSTMENT FOR INFLATION.—Paragraph (2) of section 408(p), as amended by this Act, is further amended by adding at the end the following new subparagraph: ‘‘(G) ADJUSTMENT FOR INFLATION.—In the case of taxable years beginning after De- cember 31, 2024, the $5,000 amount in sub- paragraph (A)(iv)(II) shall be increased by an amount equal to— ‘‘(i) such amount, multiplied by ‘‘(ii) the cost-of-living adjustment de- termined under section 1(f)(3) for the cal- endar year in which the taxable year be- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2112 gins, determined by substituting ‘2023’ for ‘2016’ in subparagraph (A)(ii) thereof.

If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.’’.

(b) CONFORMING AMENDMENTS.— (1) Section 408(p)(2)(A)(v), as redesignated by subsection (a), is amended by striking ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’.
(2) Section 401(k)(11)(B)(i) is amended by striking ‘‘and’’ at the end of subclause (II), by re- designating subclause (III) as subclause (IV), and by inserting after subclause (II) the following new subclause: ‘‘(III) the employer may make nonelective contributions of a uniform percentage (up to 10 percent) of com- pensation, 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’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2113 (3) Section 401(k)(11)(B)(i)(IV), as redesig- nated by paragraph (2), is amended by striking ‘‘or (II)’’ and inserting ‘‘, (II), or (III)’’.

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

SEC.

117.

CONTRIBUTION LIMIT FOR SIMPLE PLANS.
(a) IN GENERAL.—Subparagraph (E) of section 408(p)(2) is amended— (1) by striking ‘‘amount is’’ and all that follows in clause (i) and inserting the following: ‘‘dollar amount is— ‘‘(I) the adjusted dollar amount in the case of an eligible employer de- scribed 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 de- scribed in clause (iii) which is not de- scribed in subclause (I) and which elects, at such time and in such man- ner as prescribed by the Secretary, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2114 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 ‘‘AD- JUSTMENT.— ‘‘(I) CERTAIN LARGE EMPLOY- ERS.—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 De- cember 31, 2024, the Secretary shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2115 adjust annually the adjusted dollar amount under clause (ii) in the man- ner provided under subclause (I) of this clause, except that the base pe- riod 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 ‘‘ex- cept as provided in clause (iii), the applicable’’; and (B) by adding at the end the following new clause: ‘‘(iii) In the case of an applicable em- ployer plan— ‘‘(I) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(I), or ‘‘(II) to which an election under section 408(p)(2)(E)(i)(II) applies for the year (including a plan described in section 401(k)(11) which is main- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2116 tained by an eligible employer de- scribed in section 408(p)(2)(E)(i)(II) and to which such election applies by reason of subparagraphs (B)(i)(I) and (E) of section 401(k)(11)), the applicable dollar amount is an amount equal to 110 percent of the dollar amount in effect under clause (ii) for calendar year 2024.’’, and (2) in subparagraph (C), as amended by this Act— (A) by striking ‘‘ADJUSTMENT.—In the case of’’ and inserting the following: ‘‘ADJUST- MENT.— ‘‘(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 annu- ally the dollar amount described in sub- paragraph (B)(iii) in the manner provided under clause (i) of this subparagraph, ex- cept that the base period taken into ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2117 count shall be the calendar quarter begin- ning 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 sub- clause: ‘‘(IV) SPECIAL RULE FOR ELECT- ING 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 sub- paragraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting ‘4 percent’ for ‘3 percent’.’’, and (3) by striking ‘‘3 percent’’ each place it ap- pears in subclauses (II) and (III) and inserting ‘‘the applicable percentage’’.
(d) INCREASE IN NONELECTIVE EMPLOYER CON- TRIBUTION FOR ELECTING LARGER EMPLOYERS.—Sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2118 paragraph (B) of section 408(p)(2) is amended by adding at the end the following new clause: ‘‘(iii) SPECIAL RULE FOR ELECTING LARGER EMPLOYERS.—In the case of an employer which had more than 25 employ- ees who received at least $5,000 of com- pensation from the employer for the pre- ceding year, and which makes the election under subparagraph (E)(i)(II) for any year, clause (i) shall be applied for such year by substituting ‘3 percent’ for ‘2 per- cent’.’’.
(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 employ- ees who received at least $5,000 of compensa- tion 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 em- ployees for the 2 years following the last year the employer had not more than 25 such em- ployees, and not as having made the election December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2119 under subparagraph (E)(i)(II) for such 2 years.

Rules similar to the second sentence of sub- paragraph (C)(i)(II) shall apply for purposes of this subparagraph.’’.
(f) AMENDMENTS APPLY ONLY IF EMPLOYER HAS NOT HAD ANOTHER PLAN WITHIN 3 YEARS.—Subpara- graph (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 AN- OTHER PLAN WITHIN 3 YEARS.—An eligi- ble employer is described in this clause only if, during the 3-taxable-year period immediately preceding the 1st year the em- ployer maintains the qualified salary re- duction arrangement under this paragraph, neither the employer nor any member of any controlled group including the em- ployer (or any predecessor of either) estab- lished or maintained any plan described in clause (i), (ii), or (iv) of section 219(g)(5)(A) with respect to which con- tributions were made, or benefits were ac- crued, for substantially the same employees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2120 as are eligible to participate in such quali- fied salary reduction arrangement.’’.

(g) CONFORMING AMENDMENTS RELATING TO SIM- PLE 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 amend- ed by adding at the end the following new subpara- graph: ‘‘(E) EMPLOYERS ELECTING INCREASED CONTRIBUTIONS.—In the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the con- tribution requirements of this paragraph under subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (G) of section 408(p)(2) shall apply for pur- poses 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.

25 (i) REPORTS BY SECRETARY.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2121 (1) IN GENERAL.—The Secretary of the Treas- ury shall, not later than December 31, 2024, and annually thereafter, report to the Committees on Fi- nance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the data described in paragraph (2), together with any recommendations the Sec- retary deems appropriate.
(2) DATA DESCRIBED.—For purposes of the re- port required under paragraph (1), the Secretary of the Treasury shall collect data and information on— (A) the number of plans described in sec- tion 408(p) or 401(k)(11) of the Internal Rev- enue Code of 1986 that are maintained or es- tablished 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2122 Such data and information shall be collected sepa- rately for each type of plan.
For purposes of col- lecting such data, the Secretary of the Treasury may use such data as is otherwise available to the Sec- retary for publication and may use such approaches as are appropriate under the circumstances, includ- ing 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 pen- sion (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 amend- ments 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 nondeduct- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2123 ible contributions to which the amendments made by this section do not apply.

SEC.

119.

APPLICATION OF SECTION 415 LIMIT FOR CER- TAIN EMPLOYEES OF RURAL ELECTRIC CO- OPERATIVES.
(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, ex- cept in the case of a participant who was a highly compensated employee (as defined in sec- tion 414(q)) of an employer maintaining such plan for the earlier of— ‘‘(i) the plan year in which the partici- pant terminated employment with such employer, or ‘‘(ii) the plan year in which distribu- tions commence under the plan with re- spect to the participant, or for any of the 5 plan years immediately pre- ceding such earlier plan year.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2124 ‘‘(B) ELIGIBLE RURAL ELECTRIC COOPER- ATIVE PLAN.—For purposes of this para- graph— ‘‘(i) IN GENERAL.—The term ‘eligible rural electric cooperative plan’ means a plan maintained by more than 1 employer, with respect to which at least 85 percent of the employers maintaining the plan are rural cooperatives described in clause (i) or (ii) of section 401(k)(7)(B) or are a na- tional association of such a rural coopera- tive.
‘‘(ii) ELECTION.—An employer main- taining 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 sub- paragraph (A) such that it does not result in increased benefits for highly compensated em- ployees.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to limitation years ending after the date of the enactment of this Act.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2125 SEC.

120.

EXEMPTION FOR CERTAIN AUTOMATIC PORT- ABILITY TRANSACTIONS.
(a) IN GENERAL.—Section 4975(d), as amended by the preceding provisions of this Act, is further amended by striking ‘‘or’’ at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ‘‘, or’’, and by adding at the end the following new para- graph: ‘‘(25) the receipt of fees and compensation by the automatic portability provider for services pro- vided in connection with an automatic portability transaction.’’.
(b) OTHER DEFINITIONS AND SPECIAL RULES.— Section 4975(f) is amended by adding at the end the fol- lowing new paragraph: ‘‘(12) RULES RELATING TO AUTOMATIC PORT- ABILITY TRANSACTIONS.— ‘‘(A) IN GENERAL.—For purposes of sub- section (d)(25)— ‘‘(i) AUTOMATIC PORTABILITY TRANS- ACTION.—An automatic portability trans- action is a transfer of assets made— ‘‘(I) from an individual retire- ment plan which is established on be- half of an individual and to which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2126 amounts were transferred under sec- tion 401(a)(31)(B)(i), ‘‘(II) to an employer-sponsored retirement plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B) (other than a defined benefit plan) in which such individual is an active participant, and ‘‘(III) after such individual has been given advance notice of the transfer and has not affirmatively opted out of such transfer.
‘‘(ii) AUTOMATIC PORTABILITY PRO- VIDER.—An automatic portability provider is a person, other than an individual, who executes transfers described in clause (i).
‘‘(B) CONDITIONS FOR AUTOMATIC PORT- ABILITY TRANSACTIONS.—Subsection (d)(25) shall not apply to an automatic portability transaction unless the following requirements are satisfied: ‘‘(i) ACKNOWLEDGMENT OF FIDU- CIARY STATUS.—An automatic portability provider shall acknowledge in writing, at such time and format as specified by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2127 Secretary of Labor, that the provider is a fiduciary with respect to the individual re- tirement plan described in subparagraph (A)(i)(I).
‘‘(ii) FEES.—The fees and compensa- tion received, directly or indirectly, by the automatic portability provider for services provided in connection with the automatic portability transaction (including any in- crease in such fees or compensation and any fees or compensation 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 con- nection with an automatic portability transaction involving a plan which is spon- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2128 sored or maintained by the automatic port- ability provider.
‘‘(iii) DATA USAGE.—The automatic portability provider shall not market or sell data relating to the individual retirement plan described in subparagraph (A)(i)(I) or to the participants of the plan described in subparagraph (A)(i)(II).

‘‘(iv) OPEN PARTICIPATION.—The automatic portability provider shall offer automatic portability transactions on the same terms to any plan described in sub- paragraph (A)(i)(II).
‘‘(v) PRE-TRANSACTION NOTICE.—At least 60 days in advance of an automatic portability transaction, the automatic port- ability provider shall provide notice to the individual on whose behalf the individual retirement plan described in subparagraph (A)(i)(I) is established which includes— ‘‘(I) a description of the auto- matic portability transaction and a complete and accurate statement of all fees which will be charged and all December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2129 compensation which will be received in connection with the transaction, ‘‘(II) a clear and prominent de- scription of the individual’s right to affirmatively elect not to participate in the transaction as well as the other available distribution options, the deadline by which the individual must make an election, the procedures for such an election, and a telephone number for the automatic portability provider that the individual may call to make such election, ‘‘(III) a description of the indi- vidual’s right to designate a bene- ficiary and the procedures to do so, and ‘‘(IV) such other disclosures as the Secretary of Labor may require by regulation.
‘‘(vi) POST-TRANSACTION NOTICE.— Not later than 3 business days after an automatic portability transaction, the auto- matic portability provider shall provide no- tice to the individual on whose behalf the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2130 individual retirement plan described in subparagraph (A)(i)(I) is established of— ‘‘(I) the actions taken by the automatic portability provider with re- spect to the individual’s account, ‘‘(II) all relevant information re- garding 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 trans- fer, ‘‘(IV) a telephone number at which the individual can contact the automatic portability provider, and ‘‘(V) such other disclosures as the Secretary of Labor may require by regulation.
‘‘(vii) NOTICE REQUIREMENTS.—The notices required under clauses (v) and (vi) shall be written in a manner calculated to be understood by the average person and shall not include inaccurate or misleading statements.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2131 ‘‘(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 de- scribed in subparagraph (A)(i)(II).
‘‘(ix) TIMELINESS OF EXECUTION.— After liquidating the assets of an indi- vidual retirement plan described in sub- paragraph (A)(i)(I) to cash, an automatic portability provider shall transfer the ac- count balance of such plan as soon as practicable to the plan described in sub- paragraph (A)(i)(II).
‘‘(x) LIMITATION ON EXERCISE OF DISCRETION.—The automatic portability provider shall neither have nor exercise dis- cretion to affect the timing or amount of the transfer pursuant to an automatic portability transaction other than to de- duct the appropriate fees as described in clause (ii).

‘‘(xi) RECORD RETENTION AND AU- DITS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2132 ‘‘(I) IN GENERAL.—An automatic portability provider shall, for not less than 6 years after the automatic port- ability transaction has occurred, main- tain the records sufficient to dem- onstrate the terms of this subpara- graph have been met.

The automatic portability provider shall make such records available to any authorized employee of the Department of the Treasury or the Department of Labor within 30 calendar days of the date of a written request for such records.
‘‘(II) AUDITS.—An automatic portability provider shall conduct an annual audit, in accordance with regu- lations promulgated by the Secretary of Labor, of automatic portability transactions occurring during the cal- endar year to demonstrate compliance with this paragraph and any regula- tions thereunder and identify any in- stances of noncompliance therewith, and shall submit such audit annually to the Secretary of Labor, in such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2133 form and manner as specified by such Secretary.

‘‘(xii) WEBSITE.—The automatic portability provider shall maintain a website which contains— ‘‘(I) a list of recordkeepers for each plan described in subparagraph (A)(i)(II) with respect to which the provider carries out automatic 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 regulations or other guid- ance which— (1) require an automatic portability provider to provide a notice to individuals on whose behalf the individual retirement plan described in paragraph (12)(A)(i)(I) of section 4975(f) of the Internal Rev- enue Code of 1986, as added by this section, is es- tablished in advance of the notices specified in para- graph (12)(B)(v) of such section, as so added, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2134 (2) require an automatic portability provider to disclose to plans described in paragraph (12)(A)(i)(II) of section 4975(f) of the Internal Rev- enue Code of 1986, as added by this section, infor- mation required to be provided by a covered service provider pursuant to section 2550.408b–2(c) of title 29, Code of Federal Regulations, (3) require a plan described in such paragraph (12)(A)(i)(II), as so added, to fully disclose fees re- lated to an automatic portability transaction in its summary plan description or summary of material modifications, as relevant, (4) require a plan described in such paragraph, as so added, to invest amounts received on behalf of a participant pursuant to an automatic portability transaction in the participant’s current investment election under the plan or, if no election is made or permitted, in the plan’s qualified default investment alternative (within the meaning of section 2550.404c–5 of title 29, Code of Federal Regula- tions) 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 im- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2135 posed on an individual retirement plan owner) by an automatic portability provider in connection with an automatic portability transaction, (6) prohibit exculpatory provisions in an auto- matic portability provider’s contracts or communica- tions with individuals disclaiming or limiting its li- ability in the event that an automatic portability transaction results in an improper transfer, (7) require an automatic portability provider to take actions necessary to reasonably ensure that participant and beneficiary data is current and accu- rate, (8) limit the use of data related to automatic portability transactions for any purpose other than the execution of such transactions or locating miss- ing participants, except as permitted by the Sec- retary of Labor, (9) provide for corrections procedures in the event an auditor determines the automatic port- ability provider was not in compliance with this pro- vision and related regulations as specified in para- graph (12)(B)(ix)(II) of section 4975(f) of such Code, as so added, including deadlines, supplemental audits, and corrective actions which may include a temporary prohibition from relying on the exemption December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2136 provided by paragraph (25) of section 4975(d) of such Code, as added by this section, (10) ensure that the appropriate participants and beneficiaries, in fact, receive all the required no- tices and disclosures, and (11) make clear that the exemption provided by paragraph (25) of section 4975(d) of such Code, as added by this section, applies solely to the automatic portability transactions described therein, and, to the extent the Secretary deems necessary or advis- able, specify how the application of the exemption relates to or coordinates with the application of other statutory provisions, regulations, administra- tive guidance, or exemptions.
Any term used in this subsection which is used in para- graph (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 Sec- retary of Labor from any automatic portability pro- vider, and every 3 years thereafter, the Secretary of Labor shall report to the Committees on Health, Education, Labor and Pensions and Finance of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2137 Senate and the Committees on Education and Labor and Ways and Means of the House of Representa- tives on— (A) the effectiveness of automatic port- ability transactions under the exemption pro- vided by paragraph (25) of section 4975(d) of the Internal Revenue Code of 1986, as added by this section, detailing— (i) the number of automatic cash outs from qualified plans to individual retire- ment plans described in section 4975(f)(12)(A)(i)(I) of such Code, (ii) the number of completed auto- matic portability transactions to employer- sponsored retirement plans described in section 4975(f)(12)(A)(i)(II) of such Code, (iii) the number of individual retire- ment 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 retire- ment plans described in section 4975(f)(12)(A)(i)(I) of such Code for which the automatic portability provider is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2138 searching for next of kin due to a deceased account holder without a designated bene- ficiary, and (v) the number of accounts that were reduced to a zero balance while in the automatic portability provider’s custody; (B) a summary of any consumer com- plaints submitted to the Employee Benefits Se- curity Administration regarding automatic port- ability 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 port- ability 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 trans- actions, including repeal of this provision in the event of a pattern of noncompliance; and (F) any other information the Secretary of Labor deems important.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2139 The report required by this subsection shall be made publicly available.
(2) REPORT ON NOTICES RELATING TO AUTO- MATIC TRANSFERS.—Not later than 2 years after the date of the enactment of this Act, the Secretary of Treasury shall report to the Committee on Fi- nance 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.

15 SEC.

121.

STARTER 401(k) PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.
(a) IN GENERAL.—Section 401(k) is amended by adding at the end the following new paragraph: ‘‘(16) STARTER 401(k) DEFERRAL-ONLY PLANS FOR EMPLOYERS WITH NO RETIREMENT PLAN.— ‘‘(A) IN GENERAL.—A starter 401(k) de- ferral-only arrangement maintained by an eligi- ble employer shall be treated as meeting the re- quirements of paragraph (3)(A)(ii).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2140 ‘‘(B) STARTER 401(k) DEFERRAL-ONLY ARRANGEMENT.—For purposes of this para- graph, the term ‘starter 401(k) deferral-only arrangement’ means any cash or deferred ar- rangement which meets— ‘‘(i) the automatic deferral require- ments of subparagraph (C), ‘‘(ii) the contribution limitations of subparagraph (D), and ‘‘(iii) the requirements of subpara- graph (E) of paragraph (13).
‘‘(C) AUTOMATIC DEFERRAL.— ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the arrangement, each eligible employee is treated as having elected to have the em- ployer 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 af- firmative election— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2141 ‘‘(I) to not have such contribu- tions made, or ‘‘(II) to make elective contribu- tions at a level specified in such af- firmative 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 per- centage 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 contribu- tions of employees described in sub- paragraph (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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2142 ‘‘(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 sub- stituted for ‘2005’.
‘‘(iii) CATCH-UP CONTRIBUTIONS FOR INDIVIDUALS AGE 50 OR OVER.—In the case of an individual who has attained the age of 50 before the close of the taxable year, the limitation under clause (i)(II) shall be increased by the applicable amount determined under section 219(b)(5)(B)(ii) (after the application of section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘eligible employer’ means any employer if the em- ployer 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2143 employees described in subparagraph (A) of section 410(b)(3) are eligible to partici- pate in such arrangement, then the pre- ceding sentence shall be applied without regard to any qualified plan in which only employees described in such subparagraph are eligible to participate.

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

‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘eligible employee’ means any employee of the em- ployer who meets the minimum age and service conditions described in section 410(a)(1).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2144 ‘‘(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 defer- ral-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 require- ments of subparagraph (C), ‘‘(ii) the contribution limitations of subparagraph (D), and ‘‘(iii) the requirements of subpara- graph (E) of section 401(k)(13).

‘‘(C) AUTOMATIC DEFERRAL.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2145 ‘‘(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 contribu- tions made, or ‘‘(II) to make elective contribu- tions at a level specified in such af- firmative 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2146 ‘‘(i) IN GENERAL.—The requirements of this subparagraph are met if, under the plan— ‘‘(I) the only contributions which may be made are elective contribu- tions of eligible employees, and ‘‘(II) the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed $6,000.
‘‘(ii) COST-OF-LIVING ADJUSTMENT.— In the case of any calendar year beginning after December 31, 2024, the $6,000 amount under clause (i) shall be adjusted in the same manner as under section 402(g)(4), except that ‘2023’ shall be sub- stituted 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) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2147 (after the application of section 219(b)(5)(C)(iii)).
‘‘(E) ELIGIBLE EMPLOYER.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘eligible employer’ means any employer if the em- ployer 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 partici- pate in such arrangement, then the pre- ceding sentence shall be applied without regard to any qualified plan in which only employees described in such subparagraph are eligible to participate.

‘‘(ii) RELIEF FOR ACQUISITIONS, ETC.—Rules similar to the rules of section 408(p)(10) shall apply for purposes of clause (i).
‘‘(iii) QUALIFIED PLAN.—The term ‘qualified plan’ means a plan, contract, pension, account, or trust described in sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2148 paragraph (A) or (B) of paragraph (5) of section 219(g) (determined without regard to the last sentence of such paragraph (5)).
‘‘(F) ELIGIBLE EMPLOYEE.—For purposes of this paragraph, the term ‘eligible employee’ means any employee of the employer other than an employee who is permitted to be excluded under paragraph (12)(A).’’.
(c) STARTER AND SAFE HARBOR PLANS NOT TREATED AS TOP-HEAVY PLANS.—Subparagraph (H) of section 416(g)(4) is amended— (1) by striking ‘‘ARRANGEMENTS’’ in the head- ing and inserting ‘‘ARRANGEMENTS OR PLANS’’, (2) by striking ‘‘, and’’ at the end of clause (i) and inserting ‘‘and matching contributions with re- spect to which the requirements of paragraph (11), (12), or (13) of section 401(m) are met, or’’, and (3) by striking clause (ii) and inserting after clause (i) the following new clause: ‘‘(ii) a starter 401(k) deferral-only ar- rangement described in section 401(k)(16)(B) or a safe harbor deferral- only plan described in section 403(b)(16).’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2149 (d) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- cember 31, 2023.

SEC.

122.

ASSIST STATES IN LOCATING OWNERS OF APPLI- CABLE SAVINGS BONDS.
(a) IN GENERAL.—Section 3105 of title 31, United States Code, is amended by adding at the end the fol- lowing: ‘‘(f)(1)(A) The Secretary shall provide each State, in digital or other electronic form, with information describ- ing any applicable savings bond which has an applicable address that is within such State, including— ‘‘(i) the name and applicable address of the reg- istered 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 sav- ings bond.

20 21 ‘‘(C)(i) For purposes of this paragraph, the term ‘ap- plicable address’ means, with respect to any applicable 22 savings bond— 23 24 25 ‘‘(I) the registered address for the registered owner, co-owner, or beneficiary (as applicable) of such bond; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2150 ‘‘(II) if such information is available to the Sec- retary, the last known address for the registered owner, co-owner, or beneficiary (as applicable) of such bond.

‘‘(ii) For purposes of clause (i), if the information described in subclause (II) of clause (i) with respect to any individual is available to the Secretary, subclause (I) of such clause shall not apply.
‘‘(2)(A) Not later than 12 months after the date of enactment of this subsection, the Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this subsection, including rules to— ‘‘(i) protect the privacy of the owners of appli- cable 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2151 from obtaining all information described in paragraph (1)(A).
‘‘(3) Not later than 12 months after the date of en- actment of this subsection, and annually thereafter for each year during the 5-year period beginning after the date of enactment of this subsection, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report assessing all efforts to satisfy the requirement under paragraph (1)(A).
13 14 15 16 ‘‘(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 17 as are applicable under— ‘‘(A) the abandoned property rules and regula- tions 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).

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2152 ‘‘(6) For purposes of this subsection, the term ‘appli- cable 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 rout- ing information is incorrect; and ‘‘(C) has not been redeemed.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall take effect on the date of enactment of this Act.

16 SEC.

123.

CERTAIN SECURITIES TREATED AS PUBLICLY TRADED IN CASE OF EMPLOYEE STOCK OWN- ERSHIP PLANS.
(a) IN GENERAL.—Section 401(a)(35) is amended by adding at the end the following new subparagraph: ‘‘(I) ESOP RULES RELATING TO PUBLICLY TRADED SECURITIES.—In the case of an appli- cable defined contribution plan which is an em- ployee stock ownership plan, an employer secu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2153 rity 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 Se- curities 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 cor- poration 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 pro- ceedings, ‘‘(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2154 $1,000,000 and constitutes at least 10 per- cent of the total shares issued and out- standing.
‘‘(v) in the case of a security issued by a domestic corporation, the issuer pub- lishes, not less frequently than annually, fi- nancial statements audited by an inde- pendent auditor registered with the Public Company Accounting Oversight Board es- tablished under the Sarbanes-Oxley Act of 2002, and ‘‘(vi) in the case of a security issued by a foreign corporation, the security is represented by a depositary share (as de- fined under section 240.12b-2 of title 17, Code of Federal Regulations), or is issued by a foreign corporation incorporated in Canada and readily tradeable on an estab- lished securities market in Canada, and the issuer— ‘‘(I) is subject to, and in compli- ance with, the reporting requirements of section 13 or 15(d) of the Securi- ties Exchange Act of 1934 (15 U.S.C.
78m or 78o(d)), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2155 ‘‘(II) is subject to, and in compli- ance with, the reporting requirements of section 230.257 of title 17, Code of Federal Regulations, or ‘‘(III) is exempt from such re- quirements under section 240.12g3– 2(b) of title 17, Code of Federal Reg- ulations.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- 11 cember 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 19 December 31, 2025.

20 SEC.

125.

IMPROVING COVERAGE FOR PART-TIME WORK- ERS.


(a) IN GENERAL.— (1) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.—Section 202 of the Employee Retire- ment Income Security Act of 1974 (29 U.S.C.

1052) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2156 is amended by adding at the end the following new subsection: ‘‘(c) SPECIAL RULE FOR CERTAIN PART-TIME EM- PLOYEES.— ‘‘(1) IN GENERAL.—A pension plan that in- cludes either a qualified cash or deferred arrange- ment (as defined in section 401(k) of the Internal Revenue Code of 1986) or a salary reduction agree- ment (as described in section 403(b) of such Code) shall not require, as a condition of participation in the arrangement or agreement, that an employee complete a period of service with the employer (or employers) maintaining the plan extending beyond the close of the earlier of— ‘‘(A) the period permitted under subsection (a)(1) (determined without regard to subpara- graph (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 em- ployee has met the requirement of sub- section (a)(1)(A)(i).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2157 ‘‘(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 PARTICIPA- TION RULES.—In the case of employees who are eli- gible 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 sub- section (a)(3)(A), except that 12-month periods be- ginning before January 1, 2023, shall not be taken into account.’’.
(2) INTERNAL REVENUE CODE OF 1986.— (A) IN GENERAL.—Section 403(b)(12) is amended by adding at the end the following new subparagraph: ‘‘(D) RULES RELATING TO CERTAIN PART- TIME EMPLOYEES.— ‘‘(i) IN GENERAL.—In the case of em- ployees who are eligible to participate in the agreement solely by reason of section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2158 202(c)(1)(B) of the Employee Retirement Income Security Act of 1974— ‘‘(I) notwithstanding section 401(a)(4), an employer shall not be required to make nonelective or matching contributions on behalf of such employees even if such contribu- tions are made on behalf of other em- ployees eligible to participate in the plan, and ‘‘(II) the employer may elect to exclude such employees from the ap- plication 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) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2159 of the Employee Retirement Income Secu- rity Act of 1974’’ after ‘‘paragraph (2)(D)(ii)’’.

(b) VESTING.—Section 203(b) of the Employee Re- tirement 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 eligi- ble to participate in a qualified cash or deferred ar- rangement 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 em- ployee 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 subpara- graph (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2160 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 ARRANGE- MENTS.—Section 401(k)(2)(D)(ii) is amended by striking ‘‘3’’ and inserting ‘‘2’’.

(d) PRE-2021 SERVICE.—Section 112(b) of the Set- ting 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 be- fore ‘‘If, but’’ the following: ‘‘Such term shall not include a plan solely because such plan does not provide nonelec- tive or matching contributions to employees described in 18 section 401(k)(15)(B)(i).’’.
(f) EFFECTIVE DATES.— (1) IN GENERAL.—Except as provided in para- graph (2), the amendments made by this section shall apply to plan years beginning after December 31, 2024.

(2) SUBSECTION (d) AND (e).—The amend- ments made by subsections (d) and (e) shall take ef- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2161 fect as if included in the enactment of section 112 of the Setting Every Community Up for Retirement Enhancement Act of 2019.

SEC.

126.
SEC.

126.

SPECIAL RULES FOR CERTAIN DISTRIBUTIONS FROM LONG-TERM QUALIFIED TUITION PRO- GRAMS TO ROTH IRAS.
(a) IN GENERAL.—Paragraph (3) of section 529(c) is amended by adding at the end the following new sub- paragraph: ‘‘(E) SPECIAL ROLLOVER TO ROTH IRAS FROM LONG-TERM QUALIFIED TUITION PRO- GRAMS.— ‘‘(i) IN GENERAL.—In the case of a distribution from a qualified tuition pro- gram of a designated beneficiary which has been maintained for the 15-year period ending on the date of such distribution, subparagraph (A) shall not apply to so much the portion of such distribution which— ‘‘(I) does not exceed the aggre- gate amount contributed to the pro- gram (and earnings attributable thereto) before the 5-year period end- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2162 ing 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 des- ignated beneficiary under section 408A(c)(2) for the taxable year (re- duced by the amount of aggregate contributions made during the taxable year to all individual retirement plans maintained for the benefit of the des- ignated beneficiary).
‘‘(II) AGGREGATE LIMITATION.— This subparagraph shall not apply to any distribution described in clause (i) to the extent that the aggregate amount of such distributions with re- spect to the designated beneficiary for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2163 such taxable year and all prior taxable years exceeds $35,000.’’.
(b) TREATMENT UNDER ROTH IRA RULES.— (1) IN GENERAL.—Paragraph (1) of section 408A(e) is amended— (A) by striking the period at the end of subparagraph (B) and inserting ‘‘, and’’, (B) by inserting after subparagraph (B) the following new subparagraph: ‘‘(C) from a qualified tuition program to the extent provided in section 529(c)(3)(E).’’, and (C) by adding at the end the following new sentence: ‘‘The earnings and contributions of any qualified tuition program from which a qualified rollover contribution is made under subparagraph (C) shall be treated in the same manner as the earnings and contributions of a Roth IRA from which a qualified rollover con- tribution is made under subparagraph (A).’’.
(2) APPLICATION OF CONTRIBUTION LIMITA- TIONS.— (A) IN GENERAL.—Section 408A(c)(5)(B) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2164 (i) by striking ‘‘A qualified rollover contribution’’ and inserting the following: ‘‘(i) IN GENERAL.—A qualified roll- over contribution’’, and (ii) by adding at the end the fol- lowing: ‘‘(ii) EXCEPTION FOR ROLLOVERS FROM QUALIFIED TUITION PROGRAMS.— Clause (i) shall not apply to any qualified rollover contribution described in sub- section (e)(1)(C).’’.
(B) WAIVER OF ROTH IRA INCOME LIMITA- TION.—Section 408A(c)(3) is amended by add- ing at the end the following new subparagraph: ‘‘(E) SPECIAL RULE FOR CERTAIN TRANS- FERS FROM QUALIFIED TUITION PROGRAMS.— The amount determined under subparagraph (A) shall be increased by the lesser of— ‘‘(i) the amount of contributions de- scribed in section 529(c)(3)(E) for the tax- able year, or ‘‘(ii) the amount of the reduction de- termined under such subparagraph (deter- mined without regard to this subpara- graph).’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2165 (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 insert- ing ‘‘by this paragraph’’, and (3) by adding at the end the following new paragraph: ‘‘(2) ROLLOVER DISTRIBUTIONS.—In the case of any distribution described in subsection (c)(3)(E), the officer or employee having control of the quali- fied tuition program (or their designee) shall provide a report to the trustee of the Roth IRA to which the distribution is made.
Such report shall be filed at such time and in such manner as the Secretary may require and shall include information with respect to the contributions, distributions, and earnings of the qualified tuition program as of the date of the dis- tribution described in subsection (c)(3)(A), together with such other matters as the Secretary may re- quire.’’.
(d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to distributions after December 31, 2023.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2166 SEC.

127.

EMERGENCY SAVINGS ACCOUNTS LINKED TO IN- DIVIDUAL 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 sav- ings account’ means a short-term savings account established and maintained as part of an individual account plan, in accordance with section 801, on be- half of an eligible participant (as such term is de- fined 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 partic- ipant contributions, as described in section 801(d)(1)(A), which are designated Roth con- tributions 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 AC- COUNTS.— 25 26 (1) IN GENERAL.—Subtitle B of title I of the Employee Retirement Income Security Act of 1974 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2167 (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 AC- COUNTS.
‘‘(a) IN GENERAL.—A plan sponsor of an individual account plan may— ‘‘(1) include in such individual account plan a pension-linked emergency savings account meeting the requirements of subsection (c); and ‘‘(2)(A) offer to enroll an eligible participant in such pension-linked emergency savings account; or ‘‘(B) automatically enroll an eligible participant in such account pursuant to an automatic contribu- tion arrangement described in paragraph (2) of sub- section (c).
‘‘(b) ELIGIBLE PARTICIPANT.— ‘‘(1) IN GENERAL.—For purposes of this part, the term ‘eligible participant’, with regard to an in- dividual account plan, means an individual who— ‘‘(A) meets any age, service, and other eli- gibility requirements of the plan; and ‘‘(B) is not a highly compensated em- ployee.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2168 ‘‘(2) ELIGIBLE PARTICIPANT WHO BECOMES A HIGHLY COMPENSATED EMPLOYEE.—Notwith- standing paragraph (1)(B), an individual who is en- rolled in a pension-linked emergency savings account and thereafter becomes a highly compensated em- ployee may not make further contributions to such account, but retains the right to withdraw any ac- count balance of such account in accordance with subsection (c)(1)(A)(ii).
‘‘(3) DEFINITION.—For purposes of this sub- section, 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 emer- gency savings account— ‘‘(A) shall— ‘‘(i) not have a minimum contribution or account balance requirement; ‘‘(ii) allow for withdrawal by the par- ticipant of the account balance, in whole or in part at the discretion of the participant, at least once per calendar month and for distribution of such withdrawal to the par- ticipant as soon as practicable from the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2169 date on which the participant elects to make such withdrawal; and ‘‘(iii) be, as selected by the plan spon- sor, held as cash, in an interest-bearing de- posit account, or in an investment prod- uct— ‘‘(I) designed to— ‘‘(aa) maintain over the term of the investment, the dollar value that is equal to the amount invested in the product; and ‘‘(bb) preserve principal and provide a reasonable rate of re- turn, whether or not such return is guaranteed, consistent with the need for liquidity; and ‘‘(II) offered by a State- or feder- ally-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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2170 ‘‘(ii) may, for any subsequent withdrawal in a plan year, be subject to reasonable fees or charges in connection with such a withdrawal, including reasonable reimbursement fees im- posed 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 fea- ture shall be included in the plan document of the individual account plan.
Such individual ac- count plan shall— ‘‘(i) separately account for contribu- tions to the pension-linked emergency sav- ings account of the individual account plan and any earnings properly allocable to the contributions; ‘‘(ii) maintain separate recordkeeping with respect to each such pension-linked emergency savings account; and ‘‘(iii) allow withdrawals from such ac- count in accordance with section 402A(e)(7) of the Internal Revenue Code of 1986.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2171 ‘‘(B) TERMINATION OF ACCOUNT.—A plan sponsor may terminate the pension-linked emer- gency savings account feature of an individual account plan at any time.
‘‘(d) ACCOUNT CONTRIBUTIONS.— ‘‘(1) LIMITATION.— ‘‘(A) IN GENERAL.—Subject to subpara- graph (B), no contribution shall be accepted to a pension-linked emergency savings account to the extent such contribution would cause the portion of the account balance attributable to participant contributions to exceed the lesser of— ‘‘(i) $2,500; or ‘‘(ii) an amount determined by the plan sponsor of the pension-linked emer- gency savings account.
In the case of contributions made in taxable years beginning after December 31, 2024, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made by the Secretary of the Treasury under section 415(d) of the Internal Revenue Code of 1986, except that the base pe- riod shall be the calendar quarter beginning December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2172 July 1, 2023.

Any increase under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.
‘‘(B) EXCESS CONTRIBUTIONS.—To the extent any contribution to the pension-linked emergency savings account of a participant for a taxable year would exceed the limitation of subparagraph (A)— ‘‘(i) in the case of a participant with another designated Roth account under the individual account plan, such plan may provide that— ‘‘(I) the participant may elect to increase the participant’s contribution to such other account; and ‘‘(II) in the absence of such a participant election, the participant is deemed to have elected to increase the participant’s contributions to such other account at the rate at which contributions were being made to the pension-linked emergency savings ac- count; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2173 ‘‘(ii) in any other case, such plan shall provide that such excess contributions will not be accepted.
‘‘(2) AUTOMATIC CONTRIBUTION ARRANGE- MENT.—For purposes of this section— ‘‘(A) IN GENERAL.—An automatic con- tribution arrangement described in this para- graph is an arrangement under which an eligi- ble participant is treated as having elected to have the plan sponsor make elective contribu- tions to a pension-linked emergency savings ac- count at a participant contribution rate that is not more than 3 percent of the compensation of the eligible participant, unless the eligible par- ticipant, at any time (subject to such reasonable advance notice as is required by the plan ad- ministrator), 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 contribu- tion arrangement described in subparagraph (A), the plan sponsor— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2174 ‘‘(i) shall select a participant contribu- tion rate under such automatic contribu- tion arrangement that meets the require- ments 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 annu- ally.
‘‘(3) DISCLOSURE BY PLAN ADMINISTRATOR OF CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—With respect to an in- dividual account plan with a pension-linked emergency savings account feature, the admin- istrator 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 contribu- tion under an automatic contribution arrange- ment described in subsection (d)(2), or the date of any adjustment to the participant contribu- tion 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2175 ‘‘(ii) the limits on, and tax treatment of, contributions to the pension-linked emergency savings account of the partici- pant; ‘‘(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 pen- sion-linked emergency savings account, for changing participant contribution rates for such pension-linked emergency savings ac- count, and for making participant with- drawals from such pension-linked emer- gency savings account, including any limits on frequency; ‘‘(v) as applicable, the amount of the intended contribution to such pension- linked emergency savings account or the change in the percentage of the compensa- tion of the participant of such contribu- tion; ‘‘(vi) the amount in the emergency savings account and the amount or per- centage of compensation that a participant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2176 has contributed to the pension-linked emer- gency savings account; ‘‘(vii) the designated investment op- tion under subsection (c)(1)(A)(iii) for amounts contributed to the pension-linked emergency savings account; ‘‘(viii) the options under subsection (e) for the account balance of the pension- linked emergency savings account after ter- mination of the employment of the partici- pant or termination by the plan sponsor of the pension-linked emergency savings ac- count; 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 para- graph (2) of such subsection, withdraw any account balance from a pension-linked emergency savings account and the restric- tion on the ability of such a participant to make further contributions to the pension- linked emergency savings account.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2177 ‘‘(B) NOTICE REQUIREMENTS.—A notice furnished to a participant under subparagraph (A) shall be— ‘‘(i) sufficiently accurate and com- prehensive to apprise the participant of the rights and obligations of the participant with regard to the pension-linked emer- gency savings account of the participant; and ‘‘(ii) written in a manner calculated to be understood by the average participant.
‘‘(C) CONSOLIDATED NOTICES.—The re- quired notices under subparagraph (A) may be included with any other notice under this Act, including under section 404(c)(5)(B) or 514(e)(3), or under section 401(k)(13)(E) or 414(w)(4) of the Internal Revenue Code of 1986, if such other notice is provided to the participant at the time required for such notice.
‘‘(4) EMPLOYER MATCHING CONTRIBUTIONS TO AN INDIVIDUAL ACCOUNT PLAN FOR EMPLOYEE CONTRIBUTIONS TO A PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.— ‘‘(A) IN GENERAL.—If an employer makes any matching contributions to an individual ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2178 count plan of which a pension-linked emergency savings account is part, subject to the limita- tions of paragraph (1)(A), the employer shall make matching contributions on behalf of a participant on account of the contributions by the participant to the pension-linked emergency savings account at the same rate as any other matching contribution on account of an elective contribution by such participant.
The matching contributions shall be made to the participant’s account under the individual account plan that is not the pension-linked emergency savings ac- count.

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 con- tributions, any matching contributions made under the plan shall be treated first as attrib- utable to the elective deferrals of the partici- pant other than contributions to a pension- linked emergency savings account.

‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of subparagraph (A), the term ‘match- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2179 ing contribution’ has the meaning given such term in section 401(m)(4) of the Internal Rev- enue Code of 1986.
‘‘(e) ACCOUNT BALANCE AFTER TERMINATION.— Upon termination of employment of the participant, or termination by the plan sponsor of the pension-linked emergency savings account, the pension-linked emergency savings account of such participant in an individual ac- count 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 des- ignated Roth account of the participant under the individual account plan; and ‘‘(2) for any amounts in such account not transferred under paragraph (1), make such amounts available within a reasonable time to the participant.
‘‘(f) ANTI-ABUSE RULES.— ‘‘(1) IN GENERAL.—A plan of which a pension- linked emergency savings account is part— ‘‘(A) may employ reasonable procedures to limit the frequency or amount of matching con- tributions with respect to contributions to such account, solely to the extent necessary to pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2180 vent manipulation of the rules of the plan to cause matching contributions to exceed the in- tended amounts or frequency; and ‘‘(B) shall not be required to suspend matching contributions following any partici- pant withdrawal of contributions, including elective deferrals and employee contributions, whether or not matched and whether or not made pursuant to an automatic contribution ar- rangement described in section 402A(e)(4) of the Internal Revenue Code of 1986.
‘‘(2) REGULATIONS OR OTHER GUIDANCE.— The Secretary of the Treasury, in consultation with the Secretary of Labor, shall issue regulations or other guidance not later than 12 months after the date of the enactment of the SECURE 2.0 Act of 2022 with respect to the anti-abuse rules described in paragraph (1).

‘‘SEC.

802.

PREEMPTION OF STATE ANTI-GARNISHMENT LAWS.


‘‘Notwithstanding any other provision of law, this part shall supersede any law of a State which would di- rectly or indirectly prohibit or restrict the use of an auto- matic contribution arrangement, described in section 801(d)(2), for a pension-linked emergency savings ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2181 count.
2181 count.

The Secretary may promulgate regulations to es- tablish 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 nec- essary to address reporting and disclosure require- ments for pension-linked emergency savings ac- counts; and ‘‘(2) seek to prevent unnecessary reporting and disclosure for such accounts under this Act, includ- ing for purposes of any reporting or disclosure re- lated 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, in- cluding emergency savings from a pension-linked emergency savings account regarding— ‘‘(A) whether the amount of the dollar lim- itation under section 801(d)(1)(A) is sufficient; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2182 ‘‘(B) whether the limitation on the con- tribution rate under section 801(d)(2)(A) is ap- propriate; 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 par- ticipation by low- and moderate-income house- holds; and ‘‘(2) not later than 7 years after the date of en- actment 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 con- tents in section 1 of the Employee Retirement In- come Security Act of 1974 (29 U.S.C.

1001 note) is amended by inserting after the item relating to sec- tion 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.’’.
21 (c) REPORTING FOR A PENSION-LINKED EMERGENCY 22 SAVINGS ACCOUNT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2183 (1) ALTERNATIVE METHODS OF COMPLI- ANCE.—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 PEN- SION-LINKED EMERGENCY SAVINGS ACCOUNTS.— Section 101 of such Act (29 U.S.C.
1021) is amend- ed— (A) by redesignating subsection (n) as sub- section (o); and (B) by inserting after subsection (m) the following: ‘‘(n) PENSION-LINKED EMERGENCY SAVINGS AC- COUNTS.—Nothing in this section shall preclude the Sec- retary from providing, by regulations or otherwise, sim- plified reporting procedures or requirements regarding such a pension-linked emergency savings account.’’.

(d) FIDUCIARY DUTY.—Section 404(c) of the Em- ployee Retirement Income Security Act of 1974 (29 U.S.C.
1104(c)) is amended by adding at the end the fol- lowing: 24 25 ‘‘(6) DEFAULT INVESTMENT ARRANGEMENTS FOR A PENSION-LINKED EMERGENCY SAVINGS AC- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2184 COUNT.—For purposes of paragraph (1), a partici- pant 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 con- tributions and earnings which are invested in accord- ance with section 801(c)(1)(A)(iii).’’.
(e) TAX TREATMENT OF PENSION-LINKED EMER- GENCY 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 sub- section: ‘‘(e) PENSION-LINKED EMERGENCY SAVINGS AC- COUNTS.— ‘‘(1) IN GENERAL.—An applicable retirement plan— ‘‘(A) may— ‘‘(i) include a pension-linked emer- gency savings account established pursuant to section 801 of the Employee Retirement Income Security Act of 1974, which, ex- cept as otherwise provided in this sub- section, shall be treated for purposes of this title as a designated Roth account, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2185 ‘‘(ii) either— ‘‘(I) offer to enroll an eligible participant in such pension-linked emergency savings account, or ‘‘(II) automatically enroll an eli- gible participant in such account pur- suant to an automatic contribution ar- rangement described in paragraph (4), and ‘‘(B) shall— ‘‘(i) separately account for contribu- tions to such account and any earnings properly allocable to the contributions, ‘‘(ii) maintain separate recordkeeping with respect to each such account, and ‘‘(iii) allow withdrawals from such ac- count in accordance with paragraph (7).
‘‘(2) ELIGIBLE PARTICIPANT.— ‘‘(A) IN GENERAL.—For purposes of this subsection, the term ‘eligible participant’, with regard to a defined contribution plan, means an individual, without regard to whether the indi- vidual is otherwise a participant in such plan, who— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2186 ‘‘(i) meets any age, service, and other eligibility requirements of the plan, and ‘‘(ii) is not a highly compensated em- ployee (as defined in section 414(q)).
‘‘(B) ELIGIBLE PARTICIPANT WHO BE- COMES A HIGHLY COMPENSATED EMPLOYEE.— Notwithstanding subparagraph (A)(ii), an indi- vidual on whose behalf a pension-linked emer- gency savings account is established who there- after becomes a highly compensated employee (as so defined) may not make further contribu- tions 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 subpara- graph (B), no contribution shall be accepted to a pension-linked emergency savings account to the extent such contribution would cause the portion of the account balance attributable to participant contributions to exceed the lesser of— ‘‘(i) $2,500; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2187 ‘‘(ii) an amount determined by the plan sponsor of the pension-linked emer- gency savings account.

In the case of contributions made in taxable years beginning after December 31, 2024, the Secretary shall adjust the amount under clause (i) at the same time and in the same manner as the adjustment made under section 415(d), except that the base period shall be the cal- endar quarter beginning July 1, 2023.
Any in- crease under the preceding sentence which is not a multiple of $100 shall be rounded to the next lowest multiple of $100.
‘‘(B) EXCESS CONTRIBUTIONS.—To the extent any contribution to the pension-linked emergency savings account of a participant for a taxable year would exceed the limitation of subparagraph (A)— ‘‘(i) in the case of an eligible partici- pant 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2188 ‘‘(II) in the absence of such a participant election, the participant is deemed to have elected to increase the participant’s contributions to such ac- count at the rate at which contribu- tions 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 ARRANGE- MENT.—For purposes of this section— ‘‘(A) IN GENERAL.—An automatic con- tribution arrangement described in this para- graph is an arrangement under which an eligi- ble participant is treated as having elected to have the plan sponsor make elective contribu- tions to a pension-linked emergency savings ac- count at a participant contribution rate that is not more than 3 percent of the compensation of the eligible participant, unless the eligible par- ticipant, at any time (subject to such reasonable advance notice as is required by the plan ad- ministrator), affirmatively elects to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2189 ‘‘(i) make contributions at a different rate, or ‘‘(ii) opt out of such contributions.
‘‘(B) PARTICIPANT CONTRIBUTION RATE.—For purposes of an automatic contribu- tion arrangement described in subparagraph (A), the plan sponsor— ‘‘(i) shall select a participant contribu- tion rate under such automatic contribu- tion arrangement which meets the require- ments 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 an- nually.
‘‘(5) DISCLOSURE BY PLAN SPONSOR.— ‘‘(A) IN GENERAL.—With respect to a de- fined contribution plan which includes a pen- sion-linked emergency savings account, the ad- ministrator 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 contribu- tion arrangement described in section 801(d)(2) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2190 of the Employee Retirement Income Security Act of 1974, or the date of any adjustment to the participant contribution rate under section 801(d)(2)(B)(ii) of such Act, and not less than annually thereafter, shall furnish to the partici- pant a notice describing— ‘‘(i) the purpose of the account, which is for short-term, emergency savings; ‘‘(ii) the limits on, and tax treatment of, contributions to the pension-linked emergency savings account of the partici- pant; ‘‘(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, chang- ing participant contribution rates for such account, and making participant with- drawals from such pension-linked emer- gency savings account, including any limits on frequency; ‘‘(v) the amount of the intended con- tribution or the change in the percentage December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2191 of the compensation of the participant of such contribution, if applicable; ‘‘(vi) the amount in the pension-linked emergency savings account and the amount or percentage of compensation that a par- ticipant has contributed to such account; ‘‘(vii) the designated investment op- tion under section 801(c)(1)(A)(iii) of the Employee Retirement Income Security Act of 1974 for amounts contributed to the pension-linked emergency savings account; ‘‘(viii) the options under section 801(e) of such Act for the account balance of the pension-linked emergency savings account after termination of the 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 con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2192 tributions 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 com- prehensive to apprise the participant of the rights and obligations of the participant with regard to the pension-linked emer- gency savings account of the participant; and ‘‘(ii) written in a manner calculated to be understood by the average participant.
‘‘(C) CONSOLIDATED NOTICES.—The re- quired notices under subparagraph (A) may be included with any other notice under the Em- ployee 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 no- tice is provided to the participant at the time required for such notice.
‘‘(6) EMPLOYER MATCHING CONTRIBUTIONS TO A DEFINED CONTRIBUTION PLAN FOR EMPLOYEE December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2193 CONTRIBUTIONS TO A PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.— ‘‘(A) IN GENERAL.—If an employer makes any matching contributions to a defined con- tribution plan of which a pension-linked emer- gency savings account is part, subject to the limitations of paragraph (3), the employer shall make matching contributions on behalf of an el- igible participant on account of the partici- pant’s contributions to the pension-linked emer- gency 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 con- tribution plan which is not the pension-linked emergency savings account.

Such matching con- tributions 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 con- tributions, any matching contributions made under the plan shall be treated first as attrib- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2194 utable to the elective deferrals of the partici- pant other than contributions to a pension- linked emergency savings account.

‘‘(C) MATCHING CONTRIBUTIONS.—For purposes of subparagraph (A), the term ‘match- ing 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 with- drawal 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 partici- pant as soon as practicable after the date on which the participant elects to make such with- drawal.
‘‘(B) TREATMENT OF DISTRIBUTIONS.— Any distribution from a pension-linked emer- gency savings account in accordance with sub- paragraph (A)— ‘‘(i) shall be treated as a qualified dis- tribution for purposes of subsection (d), and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2195 ‘‘(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 TERMI- NATION.— ‘‘(A) IN GENERAL.—Upon termination of employment of the participant, or termination by the plan sponsor of the pension-linked emer- gency savings account, the pension-linked emer- gency savings account of such participant in a defined contribution plan shall— ‘‘(i) allow, at the election of the par- ticipant, for transfer by the participant of the account balance of such account, in whole or in part, into another designated Roth account of the participant under the defined contribution plan; and ‘‘(ii) for any amounts in such account not transferred under paragraph (1), make such amounts available within a reasonable time to the participant.
‘‘(B) PROHIBITION OF CERTAIN TRANS- FERS.—No amounts shall be transferred by the participant from another account of the partici- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2196 pant under any plan of the employer into the pension-linked emergency savings account of the participant.
‘‘(C) COORDINATION WITH SECTION 72.— Subparagraph (F) of section 408A(d)(3) shall not apply (including by reason of subsection (c)(4)(D) of this section) to any rollover con- tribution of amounts in a pension-linked emer- gency savings account under subparagraph (A).
‘‘(9) COORDINATION WITH DISTRIBUTION OF EXCESS DEFERRALS.—If any excess deferrals are distributed under section 402(g)(2)(A) to a partici- pant, 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 pen- sion-linked emergency savings account shall not be treated as an eligible rollover distribution for purposes of sections 401(a)(31), 402(f), and 3405.

‘‘(B) TERMINATION.—In the case of termi- nation of employment of the participant, or ter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2197 mination by the plan sponsor of the pension- linked emergency savings account, except for purposes of 401(a)(31)(B), a distribution from a pension-linked emergency savings account which is contributed as provided in paragraph (8)(A)(i) shall be treated as an eligible rollover distribution.

‘‘(11) EXCEPTION TO PLAN AMENDMENT RULES.—Notwithstanding section 411(d)(6), a plan which includes a pension-linked emergency savings account may cease to offer such accounts at any time.
‘‘(12) ANTI-ABUSE RULES.—A plan of which a pension-linked emergency savings account is part— ‘‘(A) may employ reasonable procedures to limit the frequency or amount of matching con- tributions with respect to contributions to such account, solely to the extent necessary to pre- vent manipulation of the rules of the plan to cause matching contributions to exceed the in- tended amounts or frequency, and ‘‘(B) shall not be required to suspend matching contributions following any partici- pant withdrawal of contributions, including elective deferrals and employee contributions, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2198 whether or not matched and whether or not made pursuant to an automatic contribution ar- rangement 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 enact- ment 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 ADDI- TIONAL 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.—Dis- tributions from a pension-linked emergency sav- ings account pursuant to section 402A(e).’’.
(3) BASIS RECOVERY.—Section 72(d) is amend- ed by adding at the end the following new para- graph: ‘‘(3) TREATMENT OF CONTRIBUTIONS TO A PENSION-LINKED EMERGENCY SAVINGS ACCOUNT.— For purposes of this section, contributions to a pen- sion-linked emergency savings account to which sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2199 tion 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 reg- ulations 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 Secu- rity Act of 1974 and section 402A(e)(3) of the In- ternal Revenue Code of 1986, as added by this Act, to account for inflation; (2) expansion of corrections programs, if nec- essary; (3) model plan language and notices relating to pension-linked emergency savings accounts; and (4) with regard to interactions with section 401(k)(13) of the Internal Revenue Code of 1986.
(g) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- cember 31, 2023.

23 24 25 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2200 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 Rev- enue Service Revenue Ruling 81–100 (or any successor guidance)’’.

(b) CONFORMING AMENDMENT.—The heading of paragraph (7) of section 403(b) is amended by striking ‘‘FOR REGULATED INVESTMENT COMPANY STOCK’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts invested after the date of the enactment of this Act.

14 TITLE II—PRESERVATION OF INCOME SEC.

201.

REMOVE REQUIRED MINIMUM DISTRIBUTION BARRIERS FOR LIFE ANNUITIES.
(a) IN GENERAL.—Section 401(a)(9) is amended by adding at the end the following new subparagraph: ‘‘(J) CERTAIN INCREASES IN PAYMENTS UNDER A COMMERCIAL ANNUITY.—Nothing in this section shall prohibit a commercial annuity (within the meaning of section 3405(e)(6)) that is issued in connection with any eligible retire- ment plan (within the meaning of section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2201 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 start- ing 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 an- nuity or a full or partial commutation of the future annuity payments, pro- vided that such lump sum is deter- mined using reasonable actuarial methods and assumptions, as deter- mined in good faith by the issuer of the contract, or ‘‘(II) accelerates the receipt of annuity payments that are scheduled to be received within the ensuing 12 months, regardless of whether such acceleration shortens the payment pe- riod with respect to the annuity, re- duces the dollar amount of benefits to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2202 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 na- ture of a dividend or similar distribution, provided that the issuer of the contract de- termines such amount using reasonable ac- tuarial methods and assumptions, as deter- mined in good faith by the issuer of the contract, when calculating the initial annu- ity payments and the issuer’s experience with respect to those factors, or ‘‘(iv) a final payment upon death that does not exceed the excess of the total amount of the consideration paid for the annuity payments, less the aggregate amount of prior distributions or payments from or under the contract.’’.
(b) EFFECTIVE DATE.—This section shall apply to calendar years ending after the date of the enactment of this Act.

22 23 24 25 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) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2203 shall amend the regulation issued by the Department of the Treasury relating to ‘‘Longevity Annuity Contracts’’ (79 Fed.

Reg.

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

Reg.

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

Reg.
Reg.

section 1.408–8 to eliminate the requirement that premiums for qualifying lon- gevity 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 dele- gate) 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.
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 cor- responding changes to the regulations and re- lated forms as are necessary to reflect this in- crease in the dollar limitation.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2204 (B) ADJUSTMENTS FOR INFLATION.—The Secretary (or delegate) shall amend Q&A– 17(d)(2)(i) of Treas.

Reg.
section 1.401(a)(9)– 6 to provide that, in the case of calendar years beginning on or after January 1 of the second year following the year of enactment of this Act, the $200,000 dollar limitation (as in- creased 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 limita- tion which is not a multiple of $10,000 will be rounded to the next lowest multiple of $10,000.
(3) FACILITATE JOINT AND SURVIVOR BENE- FITS.—The Secretary (or delegate) shall amend Q&A–17(c) of Treas.

Reg.
Reg.

section 1.401(a)(9)–6, and make such corresponding changes to the regula- tions and related forms as are necessary, to provide that, in the case of a qualifying longevity annuity contract which was purchased with joint and sur- vivor annuity benefits for the individual and the in- dividual’s spouse which were permissible under the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2205 regulations at the time the contract was originally purchased, a divorce occurring after the original purchase and before the annuity payments com- mence under the contract will not affect the permis- sibility of the joint and survivor annuity benefits or other benefits under the contract, or require any ad- justment to the amount or duration of benefits pay- able under the contract, provided that any qualified domestic relations order (within the meaning of sec- tion 414(p) of the Internal Revenue Code of 1986) or, in the case of an arrangement not subject to sec- tion 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 en- titled to the survivor benefits under the con- tract; (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 con- tract who is entitled to the survivor benefits; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2206 (D) does not modify the treatment of the former spouse as the measuring life for the sur- vivor 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 includ- ing a provision under which an employee may re- scind the purchase of the contract within a period not exceeding 90 days from the date of purchase.
(b) DIVORCE OR SEPARATION INSTRUMENT.—For purposes of subsection (a)(3), the term ‘‘divorce or separa- tion 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 sup- port or maintenance of the other spouse.
(c) EFFECTIVE DATES, ENFORCEMENT, AND INTER- 21 PRETATIONS.— 22 23 24 (1) EFFECTIVE DATES.— (A) Paragraphs (1) and (2) of subsection (a) shall be effective with respect to contracts December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2207 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 sub- section (a)— (A) the Secretary (or delegate) shall ad- minister and enforce the law in accordance with subsection (a) and the effective dates in para- graph (1) of this subsection; and (B) taxpayers may rely upon their reason- able good faith interpretations of subsection (a).
(d) REGULATORY SUCCESSOR PROVISION.—Any ref- erence to a regulation under this section shall be treated as including a reference to any successor regulation there- to.

21 22 23 24 25 SEC.

203.

INSURANCE-DEDICATED EXCHANGE-TRADED FUNDS.


(a) IN GENERAL.—Not later than the date which is 7 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2208 shall amend the regulation issued by the Department of the Treasury relating to ‘‘Income Tax; Diversification Re- quirements for Variable Annuity, Endowment, and Life Insurance Contracts’’, 54 Fed.

Reg.
Reg.

8728 (March 2, 1989), and make any necessary corresponding amend- ments 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 PARTICI- PANTS AND MARKET MAKERS AS ELIGIBLE INVESTORS.— The Secretary of the Treasury (or the Secretary’s dele- gate) shall amend Treas.
Reg.

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

Reg.

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

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

Reg.
Reg.

section 1.817–5(f)(3) in accordance with subsection (b), the Secretary of the Treasury (or the Secretary’s dele- gate) shall provide definitions consistent with the fol- 24 lowing: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2209 (1) EXCHANGE-TRADED FUND.—The term ‘‘ex- change-traded fund’’ means a regulated investment company, partnership, or trust— (A) that is registered with the Securities and Exchange Commission as an open-end in- vestment 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 ex- change at market prices that may or may not be the same as the net asset value of the shares.
(2) AUTHORIZED PARTICIPANT.—The term ‘‘authorized participant’’ means a financial institu- tion that is a member or participant of a clearing agency registered under section 17A(b) of the Secu- rities Exchange Act of 1934 that enters into a con- tractual relationship with an exchange-traded fund pursuant to which the financial institution is per- mitted to purchase and redeem shares directly from the fund and to sell such shares to third parties, but only if the contractual arrangement or applicable law precludes the financial institution from— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2210 (A) purchasing the shares for its own in- vestment purposes rather than for the exclusive purpose of creating and redeeming such shares on behalf of third parties; and (B) selling the shares to third parties who are not market makers or otherwise described in Treas.

Reg.

section 1.817–5(f) (1) and (3).
(3) MARKET MAKER.—The term ‘‘market maker’’ means a financial institution that is a reg- istered broker or dealer under section 15(b) of the Securities Exchange Act of 1934 that maintains li- quidity for an exchange-traded fund on a national stock exchange by being always ready to buy and sell shares of such fund on the market, but only if the financial institution is contractually or legally pre- cluded from selling or buying such shares to or from persons who are not authorized participants or oth- erwise 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2211 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 annu- 13 ity 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 annu- ity contracts which were purchased with a portion of the account and from which payments are made in accordance with Treas.

Reg.

section 1.401(a)(9)–6.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2212 (2) ANNUITY AMOUNT.—The term ‘‘annuity amount’’, with respect to a year, is the total amount distributed in the year from all annuity contracts de- scribed in paragraph (1).
(c) CONFORMING REGULATORY AMENDMENTS.—The Secretary of the Treasury (or the Secretary’s delegate) shall amend the regulations under sections 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Rev- enue Code of 1986 to conform to the amendments de- scribed 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 bene- ficiary of the same decedent, as one such plan for purposes of the amendments described in subsection (a).
Such con- forming amendments shall also treat all contracts de- scribed in section 403(b) of such Code which an individual holds as an employee, or which an individual holds as a beneficiary of the same decedent, as one such contract for 20 such purposes.
21 22 23 24 (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 enact- ment of this Act, and as of such date— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2213 (1) all applicable laws shall be applied in all re- spects as though the actions which the Secretary of the Treasury (or the Secretary’s delegate) is re- quired to take under such subsections had been taken, and (2) until such time as such actions are taken, taxpayers may rely upon their reasonable good faith interpretations of this section.

TITLE III—SIMPLIFICATION AND CLARIFICATION OF RETIRE- MENT PLAN RULES SEC.

301.

RECOVERY OF RETIREMENT PLAN OVERPAY- MENTS.


(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: 18 ‘‘(h) SPECIAL RULES APPLICABLE TO BENEFIT 19 OVERPAYMENTS.— ‘‘(1) GENERAL RULE.—In the case of an inad- vertent benefit overpayment by any pension plan, the responsible plan fiduciary shall not be considered to have failed to comply with the requirements of this title merely because such fiduciary determines, in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2214 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, pro- vided that the amount needed to prevent or restore any impermissible forfeiture from any participant’s or beneficiary’s account arising in connection with the overpayment is, separately from and independently of the overpayment, allocated to such account pursuant to the nonforfeitability require- ments 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2215 benefits due to other participants and beneficiaries, or ‘‘(C) any fiduciary of the plan, other than a fiduciary (including a plan sponsor or contrib- uting employer acting in a fiduciary capacity) whose breach of its fiduciary duties resulted in such overpayment, provided that if the plan has established prudent procedures to prevent and minimize overpayment of benefits and the rel- evant plan fiduciaries have followed such proce- dures, an inadvertent benefit overpayment will not give rise to a breach of fiduciary duty.
‘‘(2) REDUCTION IN FUTURE BENEFIT PAY- MENTS AND RECOVERY FROM RESPONSIBLE PARTY.—Paragraph (1) shall not fail to apply with respect to any inadvertent benefit overpayment merely because, after discovering such overpayment, the responsible plan fiduciary— ‘‘(A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or ‘‘(B) seeks recovery from the person or persons responsible for the overpayment.
‘‘(3) EMPLOYER FUNDING OBLIGATIONS.— Nothing in this subsection shall relieve an employer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2216 of any obligation imposed on it to make contribu- tions to a plan to meet the minimum funding stand- ards 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 over- payments of a non-decreasing annuity by reduc- ing future benefit payments— ‘‘(i) the reduction ceases after the plan has recovered the full dollar amount of the overpayment, ‘‘(ii) the amount recouped each cal- endar year does not exceed 10 percent of the full dollar amount of the overpayment, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2217 ‘‘(iii) future benefit payments are not reduced to below 90 percent of the periodic amount otherwise payable under the terms of the plan.

Alternatively, if the plan seeks to recoup past overpayments of a non-decreasing annuity through one or more installment payments, the sum of such installment payments in any cal- endar year does not exceed the sum of the re- ductions that would be permitted in such year under the preceding sentence.
‘‘(C) If the plan seeks to recoup past over- payments of a benefit other than a non-decreas- ing annuity, the plan satisfies requirements de- veloped 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 fidu- ciary makes a determination that there is a reasonable likelihood of success to re- cover an amount greater than the cost of recovery, and ‘‘(ii) not made through a collection agency or similar third party, unless the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2218 participant or beneficiary ignores or rejects efforts to recoup the overpayment following either a final judgment in Federal or State court or a settlement between the partici- pant or beneficiary and the plan, in either case authorizing such recoupment.

‘‘(E) Recoupment of past overpayments to a participant is not sought from any beneficiary of the participant, including a spouse, surviving spouse, former spouse, or other beneficiary.
‘‘(F) Recoupment may not be sought if the first overpayment occurred more than 3 years before the participant or beneficiary is first no- tified in writing of the error, except in the case of fraud or misrepresentation by the partici- pant.
‘‘(G) A participant or beneficiary from whom recoupment is sought is entitled to con- test all or part of the recoupment pursuant to the claims procedures of the plan that made the overpayment to the extent such procedures are consistent with section 503 of this title and in the case of an inadvertent benefit overpayment from a plan to which paragraph (1) applies that is transferred to an eligible retirement plan (as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2219 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 re- ceiving the rollover of such dispute, ‘‘(ii) the plan receiving the rollover shall retain such overpayment on behalf of the participant or beneficiary (and shall be entitled to treat such overpayment as plan assets) pending the outcome of such proce- dures, 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 mak- ing and receiving such transfer shall be treated as permitting such transfer).
‘‘(H) In determining the amount of recoupment to seek, the responsible plan fidu- ciary may take into account the hardship that recoupment likely would impose on the partici- pant or beneficiary.

‘‘(5) EFFECT OF CULPABILITY.—Subpara- graphs (A) through (F) of paragraph (4) shall not December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2220 apply to protect a participant or beneficiary who is culpable.
For purposes of this paragraph, a partici- pant or beneficiary is culpable if the individual bears responsibility for the overpayment (such as through misrepresentations or omissions that led to the over- payment), or if the individual knew that the benefit payment or payments were materially in excess of the correct amount.
Notwithstanding the preceding sentence, an individual is not culpable merely be- cause 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 cor- rect amount.’’.
(b) OVERPAYMENTS UNDER INTERNAL REVENUE CODE OF 1986.— 18 19 20 21 (1) QUALIFICATION REQUIREMENTS.—Section 414 is amended by adding at the end the following new subsection: ‘‘(aa) SPECIAL RULES APPLICABLE TO BENEFIT 22 OVERPAYMENTS.— 23 24 25 ‘‘(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2221 treated as satisfying the requirements of section 401(a) or 403) merely because— ‘‘(A) the plan fails to obtain payment from any participant, beneficiary, employer, plan sponsor, fiduciary, or other party on account of any inadvertent benefit overpayment made by the plan, or ‘‘(B) the plan sponsor amends the plan to increase past, or decrease future, benefit pay- ments to affected participants and beneficiaries in order to adjust for prior inadvertent benefit overpayments.
‘‘(2) REDUCTION IN FUTURE BENEFIT PAY- MENTS AND RECOVERY FROM RESPONSIBLE PARTY.—Paragraph (1) shall not fail to apply to a plan merely because, after discovering a benefit over- payment, such plan— ‘‘(A) reduces future benefit payments to the correct amount provided for under the terms of the plan, or ‘‘(B) seeks recovery from the person or persons responsible for such overpayment.
‘‘(3) EMPLOYER FUNDING OBLIGATIONS.— Nothing in this subsection shall relieve an employer of any obligation imposed on it to make contribu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2222 tions to a plan to meet the minimum funding stand- ards under sections 412 and 430 or to prevent or re- store an impermissible forfeiture in accordance with section 411.
‘‘(4) OBSERVANCE OF BENEFIT LIMITATIONS.— Notwithstanding paragraph (1), a plan to which paragraph (1) applies shall observe any limitations imposed on it by section 401(a)(17) or 415.

The plan may enforce such limitations using any method approved by the Secretary for recouping benefits previously paid or allocations previously made in ex- cess of such limitations.
‘‘(5) COORDINATION WITH OTHER QUALIFICA- TION REQUIREMENTS.—The Secretary may issue regulations or other guidance of general applicability specifying how benefit overpayments and their recoupment or non-recoupment from a participant or beneficiary shall be taken into account for purposes of satisfying any requirement applicable to a plan to which paragraph (1) applies.’’.
(2) ROLLOVERS.—Section 402(c) is amended by adding at the end the following new paragraph: ‘‘(12) In the case of an inadvertent benefit overpayment from a plan to which section 414(aa)(1) applies that is transferred to an eligible December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2223 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 roll- over 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 mak- ing 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.

22 23 (d) CERTAIN ACTIONS BEFORE DATE OF ENACT- MENT.—Plans, fiduciaries, employers, and plan sponsors 24 are entitled to rely on— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2224 (1) a reasonable good faith interpretation of then existing administrative guidance for inadvertent benefit overpayment recoupments and recoveries that commenced before the date of enactment of this Act, and (2) determinations made before the date of en- actment of this Act by the responsible plan fidu- ciary, 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 pay- ments 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 overpay- ment that resulted from a breach of its fiduciary duties.

SEC.

302.

REDUCTION IN EXCISE TAX ON CERTAIN ACCU- MULATIONS IN QUALIFIED RETIREMENT PLANS.

(a) IN GENERAL.—Section 4974(a) is amended by striking ‘‘50 percent’’ and inserting ‘‘25 percent’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2225 (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 re- sulted in imposition of a tax under subsection (a) from the same plan to which such tax re- lates, and ‘‘(B) submits a return, during the correc- tion window, reflecting such tax (as modified by this subsection), the first sentence of subsection (a) shall be applied by substituting ‘10 percent’ for ‘25 percent’.
‘‘(2) CORRECTION WINDOW.—For purposes of this subsection, the term ‘correction window’ means the period of time beginning on the date on which the tax under subsection (a) is imposed with respect to a shortfall of distributions from a plan described in subsection (a), and ending on the earliest of— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2226 ‘‘(A) the date of mailing a notice of defi- ciency with respect to the tax imposed by sub- section (a) under section 6212, ‘‘(B) the date on which the tax imposed by subsection (a) is assessed, or ‘‘(C) the last day of the second taxable year that begins after the end of the taxable year in which the tax under subsection (a) is imposed.’’.

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

SEC.

303.
SEC.

303.

RETIREMENT SAVINGS LOST AND FOUND.

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

1131 et seq.)

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

523.

RETIREMENT SAVINGS LOST AND FOUND.


‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of the enactment of this section, the Secretary, in consultation with the Secretary of the Treasury, shall establish an online searchable data- base (to be managed by the Secretary in accordance with this section) to be known as the ‘Retirement December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2227 Savings Lost and Found’.
The Retirement Savings Lost and Found shall— ‘‘(A) allow an individual to search for in- formation that enables the individual to locate the administrator of any plan described in para- graph (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 indi- vidual; and ‘‘(C) allow the Secretary to make any nec- essary 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, termi- nation, 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 stand- ards of section 203 apply.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2228 ‘‘(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 informa- tion 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 10 individual under the plan.
‘‘(c) SAFEGUARDING PARTICIPANT PRIVACY AND SE- CURITY.—In establishing the Retirement Savings Lost and Found under subsection (a), the Secretary, in con- sultation with the Secretary of the Treasury, shall take all necessary and proper precautions to— ‘‘(1) ensure that individuals’ plan and personal information maintained by the Retirement Savings Lost and Found is protected; and ‘‘(2) allow any individual to contact the Sec- retary to opt out of inclusion in the Retirement Sav- ings Lost and Found.
‘‘(d) DEFINITION OF ADMINISTRATOR.—For pur- poses of this section, the term ‘administrator’ has the meaning given such term in section 3(16)(A).

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2229 ‘‘(e) INFORMATION COLLECTION FROM PLANS.—Ef- fective with respect to plan years beginning after the sec- ond December 31 occurring after the date of the enact- ment of this subsection, the administrator of a plan to which the vesting standards of section 203 apply shall sub- mit 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 subpara- graphs (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 sec- tion 6057(a)(2)(C) of such Code, and with re- spect 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2230 ‘‘(C) with respect to whom a deferred an- nuity contract was distributed during the plan year; and ‘‘(4) in the case of a participant or former par- ticipant to whom paragraph (3) applies— ‘‘(A) in the case of a participant described in subparagraph (B) thereof, the name and ad- dress of the designated trustee or issuer de- scribed in section 401(a)(31)(B)(i) of such Code and the account number of the individual retirement plan to which the amount was dis- tributed; and ‘‘(B) in the case of a participant described in subparagraph (C) thereof, the name and ad- dress of the issuer of such annuity contract and the contract or certificate number.
‘‘(f) USE OF INFORMATION COLLECTED.—The Sec- retary— ‘‘(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 sub- section.

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2231 ‘‘(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 De- partment of Labor shall— ‘‘(1) conduct an audit of the administration of the Retirement Savings Lost and Found; and ‘‘(2) submit a report on such audit to the Com- mittee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Ways and Means and the Com- mittee on Education and Labor of the House of Representatives.’’.
(b) CONFORMING AMENDMENT.—The table of con- tents 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 DIS- TRIBUTIONS.

(a) IN GENERAL.—Section 203(e)(1) of the Em- ployee 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’’.

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2232 (b) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after Decem- ber 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 Sec- retary of the Treasury or the Secretary’s delegate (re- ferred to in this section as the ‘‘Secretary’’), any eligible inadvertent failure to comply with the rules applicable under section 401(a), 403(a), 403(b), 408(p), or 408(k) of such Code may be self-corrected under the Employee Plans Compliance Resolution System (as described in Rev- enue Procedure 2021–30, or any successor guidance, and hereafter in this section referred to as the ‘‘EPCRS’’), ex- cept to the extent that (1) such failure was identified by the Secretary prior to any actions which demonstrate a specific commitment to implement a self-correction with respect to such failure, or (2) the self-correction is not completed within a reasonable period after such failure is identified.
For purposes of self-correction of an eligible in- advertent failure, the correction period under section 9.02 of Revenue Procedure 2021–30 (or any successor guid- ance), except as otherwise provided under such Code, reg- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2233 ulations, or other guidance of general applicability pre- scribed by the Secretary, is indefinite and has no last day, other than with respect to failures identified by the Sec- retary 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 inad- 10 vertent failure relating to a loan from a plan to a partici- 11 pant— (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 wheth- er 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 Fi- duciary Correction Program of the Department of Labor if, with respect to the violation of the fidu- ciary standards of the Employee Retirement Income Security Act of 1974, there is a similar loan error December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2234 eligible for correction under EPCRS and the loan error is corrected in such manner, and (3) the Secretary of Labor may impose report- ing or other procedural requirements with respect to parties that intend to rely on the Voluntary Fidu- ciary Correction Program for self-corrections de- scribed 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 fail- ures with respect to an individual retirement plan (as so defined), including (but not limited to)— (1) waivers of the excise tax which would other- wise apply under section 4974 of the Internal Rev- enue Code of 1986, and (2) rules permitting a nonspouse beneficiary to return distributions to an inherited individual retire- ment 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2235 (d) CORRECTION METHODS FOR ELIGIBLE INAD- VERTENT FAILURES.—The Secretary shall issue guidance on correction methods that are required to be used to cor- rect eligible inadvertent failures, including general prin- ciples of correction if a specific correction method is not specified by the Secretary.
(e) ELIGIBLE INADVERTENT FAILURE.—For pur- poses of this section— (1) IN GENERAL.—Except as provided in para- graph (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 sec- tion 4.04 of Revenue Procedure 2021–30 (or any successor guidance), or (B) satisfy similar standards in the case of an individual retirement plan.
(2) EXCEPTION.—The term ‘‘eligible inad- vertent 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2236 section is made in conformity with the general principles that apply to corrections of such failures under the Inter- nal 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 12 this Act.

13 14 15 16 SEC.

306.

ELIMINATE THE ‘‘FIRST DAY OF THE MONTH’’ RE- QUIREMENT FOR GOVERNMENTAL SECTION 457(b) PLANS.
(a) IN GENERAL.—Section 457(b)(4) is amended to 17 read as follows: ‘‘(4) which provides that compensation— ‘‘(A) in the case of an eligible employer de- scribed 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 pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2237 viding for such deferral has been entered into before the beginning of such month,’’.

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

SEC.

307.

ONE-TIME ELECTION FOR QUALIFIED CHARI- TABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY; INCREASE IN QUALIFIED CHARI- TABLE DISTRIBUTION LIMITATION.
(a) ONE-TIME ELECTION FOR QUALIFIED CHARI- TABLE DISTRIBUTION TO SPLIT-INTEREST ENTITY.—Sec- tion 408(d)(8) is amended by adding at the end the fol- lowing 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 subpara- graph to treat as meeting the requirement of subparagraph (B)(i) any distribution from an individual retirement account which is made directly by the trustee to a split-interest entity, but only if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2238 ‘‘(I) an election is not in effect under this subparagraph for a pre- ceding taxable year, ‘‘(II) the aggregate amount of distributions of the taxpayer with re- spect 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 annu- ity trust (as defined in section 664(d)(1)), but only if such trust is funded exclusively by qualified chari- table distributions, ‘‘(II) a charitable remainder unitrust (as defined in section 664(d)(2)), but only if such unitrust is funded exclusively by qualified char- itable distributions, or ‘‘(III) a charitable gift annuity (as defined in section 501(m)(5)), but December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2239 only if such annuity is funded exclu- sively 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 OTH- ERWISE DEDUCTIBLE.—A distribution meets the requirements of this clause only if— ‘‘(I) in the case of a distribution to a charitable remainder annuity trust or a charitable remainder unitrust, a deduction for the entire value of the remainder interest in the distribution for the benefit of a speci- fied charitable organization would be allowable under section 170 (deter- mined without regard to subsection (b) thereof and this paragraph), and ‘‘(II) in the case of a charitable gift annuity, a deduction in an amount equal to the amount of the distribution reduced by the value of the annuity described in section 501(m)(5)(B) would be allowable December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2240 under section 170 (determined with- out regard to subsection (b) thereof and this paragraph).
‘‘(iv) LIMITATION ON INCOME INTER- ESTS.—A distribution meets the require- ments of this clause only if— ‘‘(I) no person holds an income interest in the split-interest entity other than the individual for whose benefit such account is maintained, the spouse of such individual, or both, and ‘‘(II) the income interest in the split-interest entity is nonassignable.
‘‘(v) SPECIAL RULES.— ‘‘(I) CHARITABLE REMAINDER TRUSTS.—Notwithstanding section 664(b), distributions made from a trust described in subclause (I) or (II) of clause (ii) shall be treated as ordi- nary income in the hands of the bene- ficiary to whom the annuity described in section 664(d)(1)(A) or the pay- ment described in section 664(d)(2)(A) is paid.

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2241 ‘‘(II) CHARITABLE GIFT ANNU- ITIES.—Qualified charitable distribu- tions made to fund a charitable gift annuity shall not be treated as an in- vestment 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, multi- plied by ‘‘(II) the cost-of-living adjust- ment determined under section 1(f)(3) for the calendar year in which the tax- able year begins, determined by sub- stituting ‘calendar year 2022’ for ‘cal- endar year 2016’ in subparagraph (A)(ii) thereof.
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2242 ‘‘(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.
SEC.

308.

DISTRIBUTIONS TO FIREFIGHTERS.

(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10) is amended by striking ‘‘414(d))’’ and inserting ‘‘414(d)) or a distribution from a plan described in clause (iii), (iv), or (vi) of section 402(c)(8)(B) to an employee who provides firefighting services’’.
(b) CONFORMING AMENDMENT.—The heading of paragraph (10) of section 72(t) is amended by striking ‘‘IN GOVERNMENTAL PLANS’’ and inserting ‘‘AND PRIVATE SECTOR FIREFIGHTERS’’.

20 21 22 (c) EFFECTIVE DATE.—The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

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2243 SEC.

309.
2243 SEC.

309.

EXCLUSION OF CERTAIN DISABILITY-RELATED FIRST RESPONDER RETIREMENT PAYMENTS.

(a) IN GENERAL.—Part III of subchapter B of chap- ter 1 is amended by inserting after section 139B the fol- lowing new section: ‘‘SEC.

139C.

CERTAIN DISABILITY-RELATED FIRST RE- SPONDER 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 exclud- able disability amount with respect to such individual.
‘‘(b) QUALIFIED FIRST RESPONDER RETIREMENT PAYMENTS.—For purposes of this section, the term ‘quali- fied first responder retirement payments’ means, with re- spect to any taxable year, any pension or annuity which but for this section would be includible in gross income for such taxable year and which is received— ‘‘(1) from a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), and ‘‘(2) in connection with such individual’s quali- fied first responder service.
‘‘(c) ANNUALIZED EXCLUDABLE DISABILITY AMOUNT.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘annualized ex- cludable disability amount’ means, with respect to 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2244 any individual, the service-connected excludable dis- ability amounts which are properly attributable to the 12-month period immediately preceding the date on which such individual attains retirement age.
‘‘(2) SERVICE-CONNECTED EXCLUDABLE DIS- ABILITY AMOUNT.—The term ‘service-connected ex- cludable disability amount’ means periodic payments received by an individual which— ‘‘(A) are not includible in such individual’s gross income under section 104(a)(1), ‘‘(B) are received in connection with such individual’s qualified first responder service, and ‘‘(C) terminate when such individual at- tains retirement age.
‘‘(3) SPECIAL RULE FOR PARTIAL-YEAR PAY- MENTS.—In the case of an individual who only re- ceives 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 attrib- utable.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2245 ‘‘(d) QUALIFIED FIRST RESPONDER SERVICE.—For purposes of this section, the term ‘qualified first responder service’ means service as a law enforcement officer, fire- fighter, paramedic, or emergency medical technician.’’.
(b) CLERICAL AMENDMENT.—The table of sections for part III of subchapter B of chapter 1 is amended by inserting after the item relating to section 139B the fol- lowing new item: ‘‘Sec.

139C.

Certain disability-related first responder retirement payments.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to amounts received with respect to taxable years beginning after December 31, 2026.

SEC.

310.
SEC.

310.

APPLICATION OF TOP HEAVY RULES TO DEFINED CONTRIBUTION PLANS COVERING EXCLUD- ABLE EMPLOYEES.
(a) IN GENERAL.—Paragraph (2) of section 416(c) is amended by adding at the end the following new sub- 17 paragraph: ‘‘(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 re- gard to subparagraph (B) thereof) may be ex- cluded from consideration in determining whether any plan of the employer meets the re- quirements of subparagraphs (A) and (B).’’.
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2246 (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to plan years beginning after December 31, 2023.

SEC.

311.

REPAYMENT OF QUALIFIED BIRTH OR ADOPTION DISTRIBUTION LIMITED TO 3 YEARS.
(a) IN GENERAL.—Section 72(t)(2)(H)(v)(I) is amended by striking ‘‘may make’’ and inserting ‘‘may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, 10 make’’.

11 (b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in para- graph (2), the amendment made by this section shall apply to distributions made after the date of the en- actment of this Act.
(2) TEMPORARY RULE WITH RESPECT TO DIS- TRIBUTIONS 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 en- actment 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 dis- tribution and before January 1, 2026’’ for ‘‘during December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2247 the 3-year period beginning on the day after the date on which such distribution was received’’.

SEC.

312.

EMPLOYER MAY RELY ON EMPLOYEE CERTI- FYING THAT DEEMED HARDSHIP DISTRIBU- TION CONDITIONS ARE MET.
(a) CASH OR DEFERRED ARRANGEMENTS.—Section 401(k)(14) is amended by adding at the end the following new subparagraph: ‘‘(C) EMPLOYEE CERTIFICATION.—In de- termining whether a distribution is upon the hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is— ‘‘(i) on account of a financial need of a type which is deemed in regulations pre- scribed by the Secretary to be an imme- diate and heavy financial need, and ‘‘(ii) not in excess of the amount re- quired to satisfy such financial need, and that the employee has no alternative means rea- sonably 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 ac- tual knowledge to the contrary of the employ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2248 ee’s certification, and for procedures for ad- dressing 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 de- termining whether a distribution is upon the fi- nancial hardship of an employee, the adminis- trator of the plan may rely on a written certifi- cation by the employee that the distribution is— ‘‘(i) on account of a financial need of a type which is deemed in regulations pre- scribed by the Secretary to be an imme- diate and heavy financial need, and ‘‘(ii) not in excess of the amount re- quired to satisfy such financial need, and that the employee has no alternative means rea- sonably 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 ac- tual knowledge to the contrary of the employ- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2249 ee’s certification, and for procedures for ad- dressing cases of employee misrepresentation.’’.
(2) ANNUITY CONTRACTS.—Section 403(b)(11) is amended by adding at the end the following: ‘‘In determining whether a distribution is upon hardship of an employee, the administrator of the plan may rely on a written certification by the employee that the distribution is on account of a financial need of a type which is deemed in regulations prescribed by the Secretary to be an immediate and heavy finan- cial 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 sat- isfy such financial need.
The Secretary may provide by regulations for exceptions to the rule of the pre- ceding sentence in cases where the plan adminis- trator has actual knowledge to the contrary of the employee’s certification, and for procedures for ad- dressing 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 deter- mining whether a distribution to a participant is made when the participant is faced with an unfore- seeable emergency, the administrator of a plan December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2250 maintained by an eligible employer described in sub- section (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 rea- sonably available to satisfy such emergency need.
The Secretary may provide by regulations for excep- tions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the participant’s certification, and for procedures for addressing cases of participant misrepresentation.’’.

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2251 SEC.

313.

INDIVIDUAL RETIREMENT PLAN STATUTE OF LIM- ITATIONS FOR EXCISE TAX ON EXCESS CON- TRIBUTIONS AND CERTAIN ACCUMULATIONS.
(a) IN GENERAL.—Section 6501(l) is amended by adding at the end the following new paragraph: ‘‘(4) INDIVIDUAL RETIREMENT PLANS.— ‘‘(A) IN GENERAL.—For purposes of any tax imposed by section 4973 or 4974 in connec- tion with an individual retirement plan, the re- turn referred to in this section shall include the income tax return filed by the person on whom the tax under such section is imposed for the year in which the act (or failure to act) giving rise to the liability for such tax occurred.
‘‘(B) RULE IN CASE OF INDIVIDUALS NOT REQUIRED TO FILE RETURN.—In the case of a person who is not required to file an income tax return for such year— ‘‘(i) the return referred to in this sec- tion 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 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2252 which the return would have been required to be filed (excluding any extension there- of).

‘‘(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 pe- riod in lieu of the 3-year period otherwise re- ferred to in such subsection.
‘‘(D) EXCEPTION FOR CERTAIN ACQUISI- TIONS OF PROPERTY.—In the case of any tax imposed by section 4973 that is attributable to acquiring property for less than fair market value, subparagraph (A) shall not apply.’’.

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

20 SEC.

314.

PENALTY-FREE WITHDRAWAL FROM RETIRE- MENT 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2253 ‘‘(K) DISTRIBUTION FROM RETIREMENT PLAN IN CASE OF DOMESTIC ABUSE.— ‘‘(i) IN GENERAL.—Any eligible dis- tribution to a domestic abuse victim.
‘‘(ii) LIMITATION.—The aggregate amount which may be treated as an eligi- ble 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 distribu- tion shall be treated as an eligible dis- tribution 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 pe- riod beginning on any date on which the individual is a victim of domestic December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2254 abuse by a spouse or domestic part- ner.

‘‘(II) DOMESTIC ABUSE.—The term ‘domestic abuse’ means physical, psychological, sexual, emotional, or economic abuse, including efforts to control, isolate, humiliate, or intimi- date the victim, or to undermine the victim’s ability to reason independ- ently, including by means of abuse of the victim’s child or another family member living in the household.
‘‘(iv) TREATMENT OF PLAN DISTRIBU- TIONS.—If a distribution to an individual would (without regard to clause (ii)) be an eligible distribution to a domestic abuse victim, a plan shall not be treated as fail- ing to meet any requirement of this title merely because the plan treats the dis- tribution as an eligible distribution to a do- mestic abuse victim, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which in- cludes the employer, determined as pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2255 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 sub- paragraph (H)(v) shall apply with respect to an individual who receives a distribution to which clause (i) applies.
‘‘(vi) DEFINITION AND SPECIAL RULES.—For purposes of this subpara- graph: ‘‘(I) APPLICABLE ELIGIBLE RE- TIREMENT PLAN.—The term ‘applica- ble eligible retirement plan’ means an eligible retirement plan (as defined in section 402(c)(8)(B)) other than a de- fined benefit plan or a plan to which sections 401(a)(11) and 417 apply.
‘‘(II) EXEMPTION OF DISTRIBU- TIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405, an eli- gible distribution to a domestic abuse December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2256 victim shall not be treated as an eligi- ble rollover distribution.
‘‘(III) DISTRIBUTIONS TREATED AS MEETING PLAN DISTRIBUTION RE- QUIREMENTS; SELF-CERTIFICATION.— Any distribution which the employee or participant certifies as being an eli- gible distribution to a domestic abuse victim shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A).
‘‘(vii) INFLATION ADJUSTMENT.—In the case of a taxable year beginning in a calendar year after 2024, the $10,000 amount in clause (ii)(I) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multi- plied by ‘‘(II) the cost-of-living adjust- ment determined under section 1(f)(3) for the calendar year in which the tax- able year begins, determined by sub- stituting ‘calendar year 2023’ for ‘cal- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2257 endar 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 Decem- ber 31, 2023.

SEC.

315.

REFORM OF FAMILY ATTRIBUTION RULE.
(a) IN GENERAL.—Section 414 is amended— (1) in subsection (b)— (A) by striking ‘‘For purposes of’’ and in- serting 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 attri- bution rules under section 1563 with respect to paragraph (1), the following rules apply: ‘‘(A) Community property laws shall be disregarded for purposes of determining owner- ship.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2258 ‘‘(B) Except as provided by the Secretary, stock of an individual not attributed under sec- tion 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 at- tributed to such parents as spouses under sec- tion 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 para- graph (2) causes 2 or more entities to be a con- trolled 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 deter- mining’’ and inserting the following: ‘‘OWNER- SHIP.— ‘‘(i) IN GENERAL.—In determining’’, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2259 (B) by adding at the end the following new clauses: ‘‘(ii) SPECIAL RULES FOR APPLYING FAMILY ATTRIBUTION.—For purposes of applying the attribution rules under section 318 with respect to clause (i), the following rules apply: ‘‘(I) Community property laws shall be disregarded for purposes of determining ownership.
‘‘(II) Except as provided by the Secretary, stock of an individual not attributed under section 318(a)(1)(A)(i) to such individual’s spouse shall not be attributed by rea- son of the combined application of paragraphs (1)(A)(ii) and (4) of sec- tion 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 dif- ferent organizations which is attrib- uted under section 318(a)(1)(A)(ii) from each parent to a child who has December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2260 not attained the age of 21 years, and is not attributed to such parents as spouses under section 318(a)(1)(A)(i), such attribution to the child shall not by itself result in such organizations being members of the same affiliated service group.
‘‘(iii) PLAN SHALL NOT FAIL TO BE TREATED AS SATISFYING THIS SECTION.— If the application of clause (ii) causes two or more entities to be an affiliated service group, or to no longer be in an affiliated service group, such change shall be treated as a transaction to which section 410(b)(6)(C) applies.’’, and (C) by striking ‘‘apply’’ in clause (i), as so added, and inserting ‘‘apply, except that com- munity 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 De- cember 31, 2023.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

316.

AMENDMENTS TO INCREASE BENEFIT ACCRUALS 2261 UNDER PLAN FOR PREVIOUS PLAN YEAR AL- LOWED UNTIL EMPLOYER TAX RETURN DUE DATE.
(a) IN GENERAL.—Section 401(b) is amended by adding at the end the following new paragraph: ‘‘(3) RETROACTIVE PLAN AMENDMENTS THAT INCREASE BENEFIT ACCRUALS.—If— ‘‘(A) an employer amends a stock bonus, pension, profit-sharing, or annuity plan to in- crease benefits accrued under the plan effective as of any date during the immediately pre- ceding plan year (other than increasing the amount of matching contributions (as defined in subsection (m)(4)(A))), ‘‘(B) such amendment would not otherwise cause the plan to fail to meet any of the re- quirements of this subchapter, and ‘‘(C) such amendment is adopted before the time prescribed by law for filing the return of the employer for the taxable year (including extensions thereof) which includes the date de- scribed 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.’’.
26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2262 (b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- cember 31, 2023.

SEC.

317.

RETROACTIVE FIRST YEAR ELECTIVE DEFER- RALS FOR SOLE PROPRIETORS.
(a) IN GENERAL.—Section 401(b)(2) is amended by adding at the end the following: ‘‘In the case of an indi- vidual 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 sec- tion 402(g)(3)) under a qualified cash or deferred ar- rangement to which the preceding sentence applies, which are made by such individual before the time for filing the return of such individual for the taxable year (determined without regard to any extensions) ending after or with the end of the plan’s first plan year, shall be treated as having been made before the end of such first plan year.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.

SEC.

318.

PERFORMANCE BENCHMARKS FOR ASSET ALLO- CATION 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2263 Retirement Income Security Act of 1974 (29 U.S.C.
1104) providing that, in the case of a designated investment al- ternative that contains a mix of asset classes, the adminis- trator of a plan may, but is not required to, use a bench- mark 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 al- ternative; (2) for purposes of determining the blend’s re- turns for 1-, 5-, and 10-calendar-year periods (or for the life of the alternative, if shorter), the blend is modified at least once per year if needed to reflect changes in the asset class holdings of the designated investment alternative; (3) the blend is furnished to participants and beneficiaries in a manner that is reasonably cal- culated to be understood by the average plan partici- pant; and (4) each securities market index that is used for an associated asset class would separately satisfy the requirements of such regulation for such asset class.
(b) STUDY.—Not later than 3 years after the applica- bility date of regulations issued under this section, the Secretary of Labor shall deliver a report to the Commit- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2264 tees on Finance and Health, Education, Labor, and Pen- sions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Rep- resentatives regarding the utilization, and participants’ understanding, of the benchmarking requirements under this section.

SEC.

319. REVIEW AND REPORT TO CONGRESS RELATING TO REPORTING AND DISCLOSURE REQUIRE- MENTS.
(a) STUDY.—As soon as practicable after the date of enactment of this Act, the Secretary of Labor, the Sec- retary 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)) cov- ered by title I of such Act; and (2) the Internal Revenue Code of 1986 applica- ble to qualified retirement plans (as defined in sec- tion 4974(c) of such Code, without regard to para- graphs (4) and (5) of such section).

(b) REPORT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2265 (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 Direc- tor of the Pension Benefit Guaranty Corporation, jointly, and after consultation with a balanced group of participant and employer representatives, shall with respect to plans referenced in subsection (a) re- port on the effectiveness of the applicable reporting and disclosure requirements and make such rec- ommendations as may be appropriate to the Com- mittee on Education and Labor and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate to consolidate, simplify, standardize, and im- prove 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 retire- ment, and obtain the benefits they have earned.
(2) ANALYSIS OF EFFECTIVENESS.—To assess the effectiveness of the applicable reporting and dis- closure requirements, the report shall include an analysis of how participants and beneficiaries are December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2266 providing preferred contact information, the methods by which plan sponsors and plans are furnishing dis- closures, and the rate at which participants and beneficiaries are receiving, accessing, understanding, and retaining disclosures.

(3) COLLECTION OF INFORMATION.—The agen- cies shall conduct appropriate surveys and data col- lection to obtain any needed information.

SEC.

320.

ELIMINATING UNNECESSARY PLAN REQUIRE- MENTS RELATED TO UNENROLLED PARTICI- PANTS.
(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 re- designating section 111 as section 112 and by in- serting after section 110 the following new section: ‘‘SEC.

111.

ELIMINATING UNNECESSARY PLAN REQUIRE- MENTS RELATED TO UNENROLLED PARTICI- PANTS.
‘‘(a) IN GENERAL.—Notwithstanding any other pro- vision of this title, with respect to any individual account plan, no disclosure, notice, or other plan document (other than the notices and documents described in paragraphs (1) and (2)) shall be required to be furnished under this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2267 title to any unenrolled participant if the unenrolled partici- pant is furnished— ‘‘(1) an annual reminder notice of such partici- pant’s eligibility to participate in such plan and any applicable election deadlines under the plan; and ‘‘(2) any document requested by such partici- pant 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 11 employee who— ‘‘(1) is eligible to participate in an individual account plan; ‘‘(2) has been furnished— ‘‘(A) the summary plan description pursu- ant 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 ini- tial eligibility to participate in such plan; ‘‘(3) is not participating in such plan; and ‘‘(4) satisfies such other criteria as the Sec- retary of Labor may determine appropriate, as pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2268 scribed in guidance issued in consultation with the Secretary of Treasury.

For purposes of this section, any eligibility to participate in the plan following any period for which such employee was not eligible to participate shall be treated as initial eligibility.
‘‘(c) ANNUAL REMINDER NOTICE.—For purposes of this section, the term ‘annual reminder notice’ means a notice provided in accordance with section 2520.104b–1 of title 29, Code of Federal Regulations (or any successor 11 regulation), which— ‘‘(1) is furnished in connection with the annual open season election period with respect to the plan or, if there is no such period, is furnished within a reasonable period prior to the beginning of each plan year; ‘‘(2) notifies the unenrolled participant of— ‘‘(A) the unenrolled participant’s eligibility to participate in the plan; and ‘‘(B) the key benefits and rights under the plan, with a focus on employer contributions and vesting provisions; and ‘‘(3) provides such information in a prominent manner calculated to be understood by the average participant.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2269 (2) CLERICAL AMENDMENT.—The table of con- tents in section 1 of the Employee Retirement In- come Security Act of 1974 is amended by striking the item relating to section 111 and by inserting after the item relating to section 110 the following new items: ‘‘Sec.

111.

Eliminating unnecessary plan requirements related to unenrolled participants.

‘‘Sec.

112.

Repeal and effective date.’’.
(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section 414, as amended by the preceding provi- sions of this Act, is amended by adding at the end the following new subsection: ‘‘(bb) ELIMINATING UNNECESSARY PLAN REQUIRE- MENTS 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 de- scribed in subparagraphs (A) and (B)) shall be re- quired to be furnished under this title to any unenrolled participant if the unenrolled participant is furnished— ‘‘(A) an annual reminder notice of such participant’s eligibility to participate in such plan and any applicable election deadlines under the plan, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2270 ‘‘(B) any document requested by such par- ticipant that the participant would be entitled to receive notwithstanding this subsection.
‘‘(2) UNENROLLED PARTICIPANT.—For pur- poses of this subsection, the term ‘unenrolled partici- pant’ means an employee who— ‘‘(A) is eligible to participate in a defined contribution plan, ‘‘(B) has been furnished— ‘‘(i) the summary plan description pursuant to section 104(b) of the Em- ployee Retirement Income Security Act of 1974, and ‘‘(ii) any other notices related to eligi- bility under the plan and required to be furnished under this title, or the Employee Retirement Income Security Act of 1974, in connection with such participant’s initial eligibility to participate in such plan, ‘‘(C) is not participating in such plan, and ‘‘(D) satisfies such other criteria as the Secretary of the Treasury may determine ap- propriate, as prescribed in guidance issued in consultation with the Secretary of Labor.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2271 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 pur- poses of this subsection, the term ‘annual reminder notice’ means the notice described in section 111(c) of the Employee Retirement Income Security Act of 1974.’’.

(c) EFFECTIVE DATE.—The amendments made by this section shall apply to plan years beginning after De- cember 31, 2022.

13 SEC.

321. REVIEW OF PENSION RISK TRANSFER INTERPRE- TIVE BULLETIN.
Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall— (1) review section 2509.95–1 of title 29, Code of Federal Regulations (relating to the fiduciary standards under the Employee Retirement Income Security Act of 1974 when selecting an annuity pro- vider for a defined benefit pension plan) and consult with the Advisory Council on Employee Welfare and Pension Benefit Plans (established under section 512 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1142)), to determine wheth- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2272 er amendments to section 2509.95–1 of title 29, Code of Federal Regulations are warranted; and (2) report to Congress on the findings of such review and consultation, including an assessment of any risk to participants.

SEC.

322.

TAX TREATMENT OF IRA INVOLVED IN A PROHIB- ITED TRANSACTION.
(a) IN GENERAL.—Section 408(e)(2)(A) is amended by striking ‘‘and’’ at the end of clause (i), by striking the period at the end of clause (ii) and inserting ‘‘, and’’, and by adding at the end the following new clause: ‘‘(iii) each individual retirement plan of the individual shall be treated as a sepa- rate 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 amend- ments made by this section shall be construed to infer the proper treatment under the Internal Rev- enue Code of 1986 of individual retirement plans as 1 contract in the case of any other provision of such Code to which the amendments made by this section do not apply.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2273 SEC.

323.
2273 SEC.

323.

CLARIFICATION OF SUBSTANTIALLY EQUAL PERI- ODIC PAYMENT RULE.
(a) IN GENERAL.—Paragraph (4) of section 72(t) is amended by inserting at the end the following new sub- paragraph: ‘‘(C) ROLLOVERS TO SUBSEQUENT PLAN.—If— ‘‘(i) payments described in paragraph (2)(A)(iv) are being made from a qualified retirement plan, ‘‘(ii) a transfer or a rollover from such qualified retirement plan of all or a portion of the taxpayer’s benefit under the plan is made to another qualified retirement plan, and ‘‘(iii) distributions from the transferor and transferee plans would in combination continue to satisfy the requirements of paragraph (2)(A)(iv) if they had been made only from the transferor plan, such transfer or rollover shall not be treated as a modification under subparagraph (A)(ii), and compliance with paragraph (2)(A)(iv) shall be determined on the basis of the combined dis- tributions described in clause (iii).’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2274 (b) NONQUALIFIED ANNUITY CONTRACTS.—Para- graph (3) of section 72(q) is amended— (1) by redesignating clauses (i) and (ii) of sub- paragraph (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 lan- guage 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 sub- paragraph: ‘‘(B) EXCHANGES TO SUBSEQUENT CON- TRACTS.—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 con- tinue to satisfy the requirements of para- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2275 graph (2)(D) as if the exchange had not taken place, such exchange shall not be treated as a modi- fication under subparagraph (A)(ii), and com- pliance with paragraph (2)(D) shall be deter- mined 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 sub- section: 11 12 ‘‘(g) SPECIAL RULE FOR REPORTING CERTAIN ADDI- TIONAL TAXES.—No penalty shall be imposed under sec- 13 tion 6721 or 6722 if— ‘‘(1) a person makes a return or report under section 6047(d) or 408(i) with respect to any dis- tribution, ‘‘(2) such distribution is made following a roll- over, transfer, or exchange described in section 72(t)(4)(C) or section 72(q)(3)(C), ‘‘(3) in making such return or report the person relies upon a certification provided by the taxpayer that the distributions satisfy the requirements of section 72(t)(4)(C)(iii) or section 72(q)(3)(B)(iii), as applicable, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2276 ‘‘(4) such person does not have actual knowl- edge that the distributions do not satisfy such re- quirements.’’.
(d) SAFE HARBOR FOR ANNUITY PAYMENTS.— (1) QUALIFIED RETIREMENT PLANS.—Subpara- graph (A) of section 72(t)(2) is amended by adding at the end the following flush sentence: ‘‘For purposes of clause (iv), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in clause (iv) and satisfy the requirements applicable to an- nuity payments under section 401(a)(9).’’.
(2) OTHER ANNUITY CONTRACTS.—Paragraph (2) of section 72(q) is amended by adding at the end the following flush sentence: ‘‘For purposes of subparagraph (D), periodic pay- ments 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2277 payments under section 401(a)(9) if such require- ments applied.’’.

(e) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by subsections (a), (b), and (c) shall apply to transfers, rollovers, and exchanges occurring after December 31, 2023.

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

SEC.

324.

TREASURY GUIDANCE ON ROLLOVERS.
(a) IN GENERAL.—Not later than January 1, 2025, the Secretary of the Treasury or the Secretary’s delegate shall, to simplify, standardize, facilitate, and expedite the completion of rollovers to eligible retirement plans (as de- fined 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2278 (1) guidance in the form of sample forms (in- cluding relevant procedures and protocols) for roll- overs of eligible rollover distributions from a retire- ment 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 eligi- ble retirement plans and receiving retirement plans, and (2) guidance in the form of sample forms (in- cluding relevant procedures and protocols) for trust- ee-to-trustee transfers of amounts from an individual retirement plan to another individual retirement plan which— (A) are written in a manner calculated to be understood by the average person, and (B) can be used by both transferring indi- vidual retirement plans and individual retire- ment plans receiving the transfer.
(b) OTHER REQUIREMENTS.—In developing the sam- ple forms under subsection (a), the Secretary (or Sec- retary’s delegate) shall obtain relevant information from participants and plan sponsor representatives and consider potential coordination with sections 319 and 336 of this Act.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2279 SEC.

325.

ROTH PLAN DISTRIBUTION RULES.


(a) IN GENERAL.—Subsection (d) of section 402A is amended by adding at the end the following new para- graph: ‘‘(5) MANDATORY DISTRIBUTION RULES NOT TO APPLY BEFORE DEATH.—Notwithstanding sec- tions 403(b)(10) and 457(d)(2), the following provi- sions shall not apply to any designated Roth ac- count: ‘‘(A) Section 401(a)(9)(A).

‘‘(B) The incidental death benefit require- ments of section 401(a).’’.
(b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in para- graph (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 Jan- uary 1, 2024, but are permitted to be paid on or after such date.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2280 SEC.

326.

EXCEPTION TO PENALTY ON EARLY DISTRIBU- TIONS FROM QUALIFIED PLANS FOR INDIVID- UALS 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 fol- lowing new subparagraph: ‘‘(L) TERMINAL ILLNESS.— ‘‘(i) IN GENERAL.—Distributions which are made to the employee who is a terminally ill individual on or after the date on which such employee has been cer- tified by a physician as having a terminal illness.
‘‘(ii) DEFINITION.—For purposes of this subparagraph, the term ‘terminally ill individual’ has the same meaning given such term under section 101(g)(4)(A), ex- cept that ‘84 months’ shall be substituted for ‘24 months’.

‘‘(iii) DOCUMENTATION.—For pur- poses of this subparagraph, an employee shall not be considered to be a terminally ill individual unless such employee fur- nishes sufficient evidence to the plan ad- ministrator in such form and manner as the Secretary may require.
26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2281 ‘‘(iv) AMOUNT DISTRIBUTED MAY BE REPAID.—Rules similar to the rules of sub- paragraph (H)(v) shall apply with respect to an individual who receives a distribution to which clause (i) applies.’’.

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

SEC.

327.
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 fol- lows: ‘‘(iv) SPECIAL RULE FOR SURVIVING SPOUSE OF EMPLOYEE.—If the designated beneficiary referred to in clause (iii)(I) is the surviving spouse of the employee and the surviving spouse elects the treatment in this clause— ‘‘(I) the regulations referred to in clause (iii)(II) shall treat the surviving spouse as if the surviving spouse were the employee, ‘‘(II) the date on which the dis- tributions are required to begin under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2282 clause (iii)(III) shall not be earlier than the date on which the employee would have attained the applicable age, and ‘‘(III) if the surviving spouse dies before the distributions to such spouse begin, this subparagraph shall be ap- plied 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 RAP- IDLY RULE.—The Secretary shall amend Q&A–5(a) of Treasury Regulation section 1.401(a)(9)–5 (or any suc- cessor regulation thereto) to provide that if the surviving spouse is the employee’s sole designated beneficiary and the spouse elects treatment under section 22 23 24 25 401(a)(9)(B)(iv), then the applicable distribution period for distribution calendar years after the distribution cal- endar year including the employee’s date of death is deter- mined under the uniform lifetime table.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2283 (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 DIS- TRIBUTIONS FROM GOVERNMENTAL PLANS FOR HEALTH AND LONG-TERM CARE INSUR- ANCE.
(a) IN GENERAL.—Section 402(l)(5)(A) is amended to read as follows: ‘‘(A) DIRECT PAYMENT TO INSURER PER- MITTED.— ‘‘(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 acci- dent 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 de- scribed in clause (i), the employee shall in- clude with the return of tax for the taxable year in which the distribution is made an December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2284 attestation that the distribution does not exceed the amount paid by the employee for qualified health insurance premiums for such taxable year.’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

329.

MODIFICATION OF ELIGIBLE AGE FOR EXEMP- TION FROM EARLY WITHDRAWAL PENALTY.

(a) IN GENERAL.—Subparagraph (A) of section 72(t)(10), as amended by this Act, is further amended by striking ‘‘age 50’’ and inserting ‘‘age 50 or 25 years of service under the plan, whichever is earlier’’.
(b) EFFECTIVE DATE.—The amendment made by this section shall apply to distributions made after the date of the enactment of this Act.

SEC.

330.

EXEMPTION FROM EARLY WITHDRAWAL PENALTY FOR CERTAIN STATE AND LOCAL GOVERN- MENT CORRECTIONS EMPLOYEES.
(a) IN GENERAL.—Clause (i) of section 72(t)(10)(B) is amended by striking ‘‘or emergency medical services’’ and inserting ‘‘emergency medical services, or services as a corrections officer or as a forensic security employee pro- viding for the care, custody, and control of forensic pa- tients’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2285 (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 FEDER- ALLY DECLARED DISASTERS.
(a) TAX-FAVORED WITHDRAWALS FROM RETIRE- MENT 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 subpara- graph: ‘‘(M) DISTRIBUTIONS FROM RETIREMENT PLANS IN CONNECTION WITH FEDERALLY DE- CLARED DISASTERS.—Any qualified disaster re- covery distribution.’’.
(2) QUALIFIED DISASTER RECOVERY DISTRIBU- TION.—Section 72(t) is amended by adding at the end the following new paragraph: ‘‘(11) QUALIFIED DISASTER RECOVERY DIS- TRIBUTION.—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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2286 ‘‘(i) on or after the first day of the in- cident period of a qualified disaster and before the date that is 180 days after the applicable date with respect to such dis- aster, and ‘‘(ii) to an individual whose principal place of abode at any time during the inci- dent period of such qualified disaster is lo- cated in the qualified disaster area with re- spect to such qualified disaster and who has sustained an economic loss by reason of such qualified disaster.
‘‘(B) AGGREGATE DOLLAR LIMITATION.— ‘‘(i) IN GENERAL.—For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified disaster recovery distributions with respect to any qualified disaster in all taxable years shall not exceed $22,000.
‘‘(ii) TREATMENT OF PLAN DISTRIBU- TIONS.—If a distribution to an individual would (without regard to clause (i)) be a qualified disaster recovery distribution, a plan shall not be treated as violating any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2287 requirement of this title merely because the plan treats such distribution as a qualified disaster recovery distribution, un- less the aggregate amount of such distribu- tions from all plans maintained by the em- ployer (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 pur- poses 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 RE- PAID.— ‘‘(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 re- ceived, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2288 a beneficiary and to which a rollover con- tribution 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 RETIRE- MENT PLANS OTHER THAN IRAS.—For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified disaster recovery distribution from a plan other than an individual re- tirement plan, then the taxpayer shall, to the extent of the amount of the contribu- tion, 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 retire- ment plan in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(iii) TREATMENT OF REPAYMENTS FOR DISTRIBUTIONS FROM IRAS.—For purposes of this title, if a contribution is made pursuant to clause (i) with respect to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2289 a qualified disaster recovery distribution from an individual retirement plan, then, to the extent of the amount of the con- tribution, the qualified disaster recovery distribution shall be treated as a distribu- tion described in section 408(d)(3) and as having been transferred to the eligible re- tirement plan in a direct trustee to trustee transfer within 60 days of the distribution.
‘‘(D) INCOME INCLUSION SPREAD OVER 3- YEAR PERIOD.— ‘‘(i) IN GENERAL.—In the case of any qualified disaster recovery distribution, un- less the taxpayer elects not to have this subparagraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable year period beginning with such taxable year.
‘‘(ii) SPECIAL RULE.—For purposes of clause (i), rules similar to the rules of sub- paragraph (E) of section 408A(d)(3) shall apply.

‘‘(E) QUALIFIED DISASTER.—For purposes of this paragraph and paragraph (8), the term December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2290 ‘qualified disaster’ means any disaster with re- spect to which a major disaster has been de- clared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act after December 27, 2020.
‘‘(F) OTHER DEFINITIONS.—For purposes of this paragraph and paragraph (8)— ‘‘(i) QUALIFIED DISASTER AREA.— ‘‘(I) IN GENERAL.—The term ‘qualified disaster area’ means, with respect to any qualified disaster, the area with respect to which the major disaster was declared under the Rob- ert 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 Cer- tainty and Disaster Tax Relief Act of 2020.

‘‘(ii) INCIDENT PERIOD.—The term ‘incident period’ means, with respect to any qualified disaster, the period specified December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2291 by the Federal Emergency Management Agency as the period during which such disaster occurred.

‘‘(iii) APPLICABLE DATE.—The term ‘applicable date’ means the latest of— ‘‘(I) the date of the enactment of this paragraph, ‘‘(II) the first day of the incident period with respect to the qualified disaster, or ‘‘(III) the date of the disaster declaration with respect to the quali- fied disaster.
‘‘(iv) ELIGIBLE RETIREMENT PLAN.— The term ‘eligible retirement plan’ shall have the meaning given such term by sec- tion 402(c)(8)(B).

‘‘(G) SPECIAL RULES.— ‘‘(i) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405, qualified disaster recovery distributions shall not be treated as eligible rollover dis- tributions.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2292 ‘‘(ii) QUALIFIED DISASTER RECOVERY DISTRIBUTIONS TREATED AS MEETING PLAN DISTRIBUTION REQUIREMENTS.— For purposes of this title— ‘‘(I) a qualified disaster recovery distribution shall be treated as meet- ing 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 pur- chase pension plan, a qualified dis- aster recovery distribution which is an in-service withdrawal shall be treated as meeting the requirements of section 401(a) applicable to distributions.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to distributions with respect to disasters the incident period (as defined in section 72(t)(11)(F)(ii) of the Internal Revenue Code of 1986, as added by this subsection) for which begins on or after the date which is 30 days after the date of the enactment of the Taxpayer Certainty and Disaster Tax Relief Act of 2020.
(b) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2293 (1) INDIVIDUAL RETIREMENT PLANS.—Para- graph (8) of section 72(t) is amended by adding at the end the following new subparagraph: ‘‘(F) RECONTRIBUTIONS.— ‘‘(i) GENERAL RULE.— ‘‘(I) IN GENERAL.—Any indi- vidual who received a qualified dis- tribution may, during the applicable period, make one or more contribu- tions 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 indi- vidual is a beneficiary and to which a rollover contribution of such distribu- tion 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 REPAY- MENTS.—Rules similar to the rules of clauses (ii) and (iii) of paragraph (11)(C) shall apply for purposes of this subsection.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2294 ‘‘(ii) QUALIFIED DISTRIBUTION.—For purposes of this subparagraph, the term ‘qualified distribution’ means any distribu- tion— ‘‘(I) which is a qualified first- time homebuyer distribution, ‘‘(II) which was to be used to purchase or construct a principal resi- dence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and ‘‘(III) which was received during the period beginning on the date which is 180 days before the first day of the incident period of such qualified disaster and ending on the date which is 30 days after the last day of such incident period.
‘‘(iii) APPLICABLE PERIOD.—For pur- poses of this subparagraph, the term ‘ap- plicable 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2295 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 sec- tion 402, as amended by this Act, is further amend- ed by adding at the end the following new para- graph: ‘‘(13) RECONTRIBUTIONS OF WITHDRAWALS FOR HOME PURCHASES.— ‘‘(A) GENERAL RULE.— ‘‘(i) IN GENERAL.—Any individual who received a qualified distribution may, during the applicable period, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in paragraph (8)(B)) of which such individual is a beneficiary and to which a rollover contribution of such dis- tribution could be made under subsection (c) or section 403(a)(4), 403(b)(8), or 408(d)(3), as the case may be.
‘‘(ii) TREATMENT OF REPAYMENTS.— Rules similar to the rules of clauses (ii) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2296 and (iii) of section 72(t)(11)(C) shall apply for purposes of this subsection.
‘‘(B) QUALIFIED DISTRIBUTION.—For purposes of this paragraph, the term ‘qualified distribution’ means any distribution— ‘‘(i) described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(i)(V), or 403(b)(11)(B), ‘‘(ii) which was to be used to purchase or construct a principal residence in a qualified disaster area, but which was not so used on account of the qualified disaster with respect to such area, and ‘‘(iii) which was received during the period beginning on the date which is 180 days before the first day of the incident pe- riod 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 pe- riod’ have the meaning given such terms under section 72(t)(11), and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2297 ‘‘(ii) the term ‘applicable period’ has the meaning given such term under section 72(t)(8)(F).’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to recontributions of withdrawals for home purchases with respect to dis- asters 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.
(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 TREAT- ED AS DISTRIBUTIONS.— ‘‘(A) IN GENERAL.—In the case of any loan from a qualified employer plan to a quali- fied individual made during the applicable pe- riod— ‘‘(i) clause (i) of paragraph (2)(A) shall be applied by substituting ‘$100,000’ for ‘$50,000’, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2298 ‘‘(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 non- forfeitable 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 appli- cable date with respect to the qualified dis- aster— ‘‘(i) if the due date pursuant to sub- paragraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the first day of the incident period of such qualified disaster and ending on the date which is 180 days after the last day of such incident period, such due date may be delayed for 1 year, ‘‘(ii) any subsequent repayments with respect to any such loan may be appro- priately adjusted to reflect the delay in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2299 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 subpara- graph (B) or (C) of paragraph (2), the pe- riod described in clause (i) may be dis- regarded.
‘‘(C) DEFINITIONS.—For purposes of this paragraph— ‘‘(i) QUALIFIED INDIVIDUAL.—The term ‘qualified individual’ means any indi- vidual— ‘‘(I) whose principal place of abode at any time during the incident period of any qualified disaster is lo- cated in the qualified disaster area with respect to such qualified disaster, and ‘‘(II) who has sustained an eco- nomic loss by reason of such qualified disaster.
‘‘(ii) APPLICABLE PERIOD.—The ap- plicable period with respect to any disaster is the period— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2300 ‘‘(I) beginning on the applicable date with respect to such disaster, and ‘‘(II) ending on the date that is 180 days after such applicable date.
‘‘(iii) OTHER TERMS.—For purposes of this paragraph— ‘‘(I) the terms ‘applicable date’, ‘qualified disaster’, ‘qualified disaster area’, and ‘incident period’ have the meaning given such terms under sub- section (t)(11), and ‘‘(II) the term ‘applicable period’ has the meaning given such term under subsection (t)(8).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to plan loans made with respect to disasters the incident period (as de- fined in section 72(t)(11)(F)(ii) of the Internal Rev- enue 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 Cer- tainty and Disaster Tax Relief Act of 2020.
(d) GAO REPORT.—The Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor and Pensions of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2301 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 per- mitted by the amendments made by this section and or permitted by prior legislation, including a comparison of utilization by higher and lower income taxpayers and whether the $22,000 threshold on distributions provides adequate relief for taxpayers who suffer from a disaster.

SEC.

332.
SEC.

332.

EMPLOYERS ALLOWED TO REPLACE SIMPLE RE- TIREMENT 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 re- quirements of this paragraph, an employer may elect (in such form and manner as the Sec- retary may prescribe) at any time during a year to terminate the qualified salary reduction ar- rangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrangement.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2302 ‘‘(B) COMBINED LIMITS ON CONTRIBU- TIONS.—The terminated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or sec- tion 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of— ‘‘(i) the applicable dollar amount for such arrangement (determined on a full- year basis) under this subsection (after the application of section 414(v)) with respect to the employee for such last plan year multiplied by a fraction equal to the num- ber of days in such plan year divided by 365, and ‘‘(ii) the applicable dollar amount (as so determined) under section 402(g)(1) for such safe harbor plan on such elective con- tributions during the transition year multi- plied by a fraction equal to the number of days in such transition year divided by 365.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2303 ‘‘(C) TRANSITION YEAR.—For purposes of this paragraph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs.
‘‘(D) SAFE HARBOR PLAN.—For purposes of this paragraph, the term ‘safe harbor plan’ means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), (13), or (16) of section 401(k).’’.
(b) WAIVER OF 2-YEAR WITHDRAWAL LIMITATION IN CASE OF PLANS CONVERTING TO 401(k) OR 403(b).— (1) IN GENERAL.—Paragraph (6) of section 72(t) is amended— (A) by striking ‘‘ACCOUNTS.—In the case of’’ and inserting ‘‘ACCOUNTS.— ‘‘(A) IN GENERAL.—In the case of’’, and (B) by adding at the end the following new subparagraph: ‘‘(B) WAIVER IN CASE OF PLAN CONVER- SION TO 401(k) OR 403(b).—In the case of an employee of an employer which terminates the qualified salary reduction arrangement of the employer under section 408(p) and establishes a qualified cash or deferred arrangement de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2304 scribed in section 401(k) or purchases annuity contracts described in section 403(b), subpara- graph (A) shall not apply to any amount which is paid in a rollover contribution described in section 408(d)(3) into a qualified trust under section 401(k) (but only if such contribution is subsequently subject to the rules of section 401(k)(2)(B)) or an annuity contract described in section 403(b) (but only if such contribution is subsequently subject to the rules of section 403(b)(12)) for the benefit of the employee.’’.
(2) CONFORMING AMENDMENT.—Subparagraph (G) of section 408(d)(3) is amended by striking ‘‘72(t)(6)’’ and inserting ‘‘72(t)(6)(A)’’.

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

18 19 20 21 SEC.

333.

ELIMINATION OF ADDITIONAL TAX ON CORREC- TIVE DISTRIBUTIONS OF EXCESS CONTRIBU- TIONS.
(a) IN GENERAL.—Subparagraph (A) of section 22 72(t)(2) is amended— 23 24 25 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2305 (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 affect- ing, 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, noth- ing in the amendments made by this section shall be con- strued to create an inference with respect to the law in effect prior to the effective date of such amendments.

SEC.

334.

LONG-TERM CARE CONTRACTS PURCHASED WITH RETIREMENT PLAN DISTRIBUTIONS.
(a) IN GENERAL.—Section 401(a) is amended by in- serting after paragraph (38) the following new paragraph: ‘‘(39) QUALIFIED LONG-TERM CARE DISTRIBU- TIONS.— ‘‘(A) IN GENERAL.—A trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2306 under this section solely by reason of allowing qualified long-term care distributions.
‘‘(B) QUALIFIED LONG-TERM CARE DIS- TRIBUTION.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘quali- fied long-term care distribution’ means so much of the distributions made during the taxable year as does not exceed, in the ag- gregate, the least of the following: ‘‘(I) The amount paid by or as- sessed to the employee during the tax- able year for or with respect to cer- tified 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 regu- lation).
‘‘(II) An amount equal to 10 per- cent of the present value of the non- forfeitable accrued benefit of the em- ployee under the plan.

‘‘(III) $2,500.

‘‘(ii) ADJUSTMENT FOR INFLATION.— In the case of taxable years beginning after December 31, 2024, the $2,500 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2307 amount in clause (i)(II) shall be increased by an amount equal to— ‘‘(I) such dollar amount, multi- plied by ‘‘(II) the cost-of-living adjust- ment determined under section 1(f)(3) for the calendar year in which the tax- able year begins, determined by sub- stituting ‘calendar year 2023’ for ‘cal- endar year 2016’ in subparagraph (A)(ii) thereof.
If any increase under the preceding sen- tence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.
‘‘(C) CERTIFIED LONG-TERM CARE INSUR- ANCE.—The term ‘certified long-term care in- surance’ means— ‘‘(i) a qualified long-term care insur- ance 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 in- sured individual would become a chron- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2308 ically ill individual (within the meaning of section 101(g)(4)(B)) under a rider or other provision of a life insurance contract which satisfies the requirements of section 101(g)(3) (determined without regard to subparagraph (D) thereof), or ‘‘(iii) coverage of qualified long-term care services (as so defined) under a rider or other provision of an insurance or annu- ity 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 consumer protections are provided, includ- ing protection in the event the coverage is ter- minated.

‘‘(D) DISTRIBUTIONS MUST OTHERWISE BE INCLUDIBLE.—Rules similar to the rules of section 402(l)(3) shall apply for purposes of this paragraph.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2309 ‘‘(E) LONG-TERM CARE PREMIUM STATE- MENT.— ‘‘(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 em- ployee has been filed with the plan.
‘‘(ii) LONG-TERM CARE PREMIUM STATEMENT.—For purposes of this para- graph, a long-term care premium state- ment is a statement provided by the issuer of long-term care coverage, upon request by the owner of such coverage, which in- cludes— ‘‘(I) the name and taxpayer iden- tification number of such issuer, ‘‘(II) a statement that the cov- erage is certified long-term care insur- ance, ‘‘(III) identification of the em- ployee as the owner of such coverage, ‘‘(IV) identification of the indi- vidual covered and such individual’s relationship to the employee, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2310 ‘‘(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 in- formation as the Secretary may require which is included in the filing of the prod- uct 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 DISTRIBU- TIONS.—An annuity contract shall not fail to be sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2311 ject 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 strik- ing ‘‘and’’ at the end of subclause (VI) and inserting ‘‘or’’ and by adding at the end the following new subclause: ‘‘(VII) as provided for distribu- tions to which section 401(a)(39) ap- plies, 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 strik- ing ‘‘or’’ at the end of clause (iii), by striking the comma at the end of clause (iv) and inserting ‘‘, or’’, and by adding at the end the following new clause: ‘‘(v) as provided in section 401(a)(39),’’.

(c) EXEMPTION FROM ADDITIONAL TAX ON EARLY DISTRIBUTIONS.—Section 72(t)(2), as amended by this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2312 Act, is further amended by adding at the end the following new subparagraph: ‘‘(N) QUALIFIED LONG-TERM CARE DIS- TRIBUTIONS.— ‘‘(i) IN GENERAL.—Any qualified long-term care distribution to which sec- tion 401(a)(39) applies.

‘‘(ii) EXCEPTION.—If, with respect to the plan, the individual covered by the long-term care coverage to which such dis- tribution relates is the spouse of the em- ployee, clause (i) shall apply only if the employee and the employee’s spouse file a joint return.
‘‘(iii) EXEMPTION OF DISTRIBUTIONS FROM TRUSTEE TO TRUSTEE TRANSFER AND WITHHOLDING RULES.—For purposes of sections 401(a)(31), 402(f), and 3405, any qualified long-term care distribution described in clause (i) shall not be treated as an eligible rollover distribution.’’.
(d) REPORTING.— (1) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2313 ‘‘SEC.

6050Z.

REPORTS RELATING TO LONG-TERM CARE PREMIUM STATEMENTS.
‘‘(a) REQUIREMENT OF REPORTING.—Any issuer of certified long-term care insurance (as defined in section 401(a)(39)(C)) who provides a long-term care premium statement with respect to any purchaser pursuant to sec- tion 401(a)(39)(E) for a calendar year, shall make a re- turn not later than February 1 of the succeeding calendar year, according to forms or regulations prescribed by the 10 Secretary, setting forth with respect to each such pur- 11 chaser— 26 ‘‘(1) the name and taxpayer identification num- ber 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2314 (a) shall furnish to each individual whose name is required to be set forth in such return a written statement show- ing— ‘‘(1) the name, address, and phone number of the information contact of the issuer of the contract or coverage, and ‘‘(2) the aggregate amount of premiums and charges paid under the contract or coverage covering the insured individual during the calendar year.
The written statement required under the preceding sen- tence 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 cov- erage covering more than one insured, the return and statement required by subsections (a) and (b) shall iden- tify only the portion of the premium that is properly allo- cable to the insured in respect of whom the return or 21 statement is made.
22 23 24 25 ‘‘(d) STATEMENT TO BE FURNISHED ON RE- QUEST.—If any individual to whom a return is required to be furnished under subsection (b) requests that such a return be furnished at any time before the close of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2315 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 amend- ed— (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 re- ports relating to long-term care premium statements), and’’, and (B) in paragraph (2)— (i) by redesignating subparagraph (JJ), relating to section 6050Y, as sub- paragraph (KK) and moving such subpara- graph to the position immediately after subparagraph (JJ), relating to section 6226(a)(2), (ii) by striking ‘‘or’’ at the end of sub- paragraph (II), (iii) by striking the period at the end of subparagraph (JJ), relating to section 6226(a)(2), and inserting a comma, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2316 (iv) by striking the period at the end of subparagraph (KK), as so redesignated, and inserting ‘‘, or’’, and (v) by inserting after subparagraph (KK), as so redesignated, the following new subparagraph: ‘‘(LL) section 6050Z (relating to reports relating to long-term care premium state- ments).’’.

(3) CLERICAL AMENDMENT.—The table of sec- tions for subpart B of part III of subchapter A of chapter 61 is amended by adding after the item re- lating to section 6050Y the following new item: ‘‘Sec.

6050Z.
6050Z.

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

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

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2317 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 amend- ment, for valuation dates occurring during or after 2024, such mortality improvement rates shall not assume for years beyond the valuation date future mortality improve- ments 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 Adminis- 16 tration.
(b) EFFECTIVE DATE.—The amendments required under subsection (a) shall be deemed to have been made as of the date of the enactment of this Act, and as of such date all applicable laws shall be applied in all respects as though the actions which the Secretary of the Treasury (or the Secretary’s delegate) is required to take under such subsection had been taken.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

336.
SEC.

336.

REPORT TO CONGRESS ON SECTION 402(f) NO- 2318 TICES.
Not later than 18 months after the date of the enact- ment of this Act, the Comptroller General of the United States shall submit a report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the notices provided by retirement plan administrators to plan partici- pants 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 DIS- TRIBUTION 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’’.

22 23 (b) CONFORMING AMENDMENT.—Section 401(a)(9)(H)(v) is amended by adding at the end the fol- 24 lowing flush sentence: 25 26 ‘‘For purposes of the preceding sentence, in the case of a trust the terms of which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2319 are described in clause (iv)(II), any bene- ficiary which is an organization described in section 408(d)(8)(B)(i) shall be treated as a designated beneficiary described in subclause (II).’’.

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

SEC.

338.

REQUIREMENT TO PROVIDE PAPER STATEMENTS IN CERTAIN CASES.

(a) IN GENERAL.—Section 105(a)(2) of the Em- ployee Retirement Income Security Act of 1974 (29 U.S.C.
1025(a)(2)) is amended— (1) in subparagraph (A)(iv), by inserting ‘‘sub- ject to subparagraph (E),’’ before ‘‘may be deliv- ered’’; and (2) by adding at the end the following: ‘‘(E) PROVISION OF PAPER STATE- MENTS.—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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2320 statement shall be furnished on paper in writ- ten form except— ‘‘(i) in the case of a plan that fur- nishes such statement in accordance with section 2520.104b-1(c) of title 29, Code of Federal Regulations; or ‘‘(ii) in the case of a plan that permits a participant or beneficiary to request that the statements referred to in the matter preceding clause (i) be furnished by elec- tronic delivery, if the participant or bene- ficiary requests that such statements be delivered electronically and the statements are so delivered.’’.
(b) IMPLEMENTATION.— (1) IN GENERAL.—The Secretary of Labor shall, not later than December 31, 2024, update sec- tion 2520.104b-1(c) of title 29, Code of Federal Regulations, to provide that a plan may furnish the statements referred to in subparagraph (E) of sec- tion 105(a)(2) of the Employee Retirement Income Security Act of 1974 by electronic delivery only if, with respect to participants who first become eligible to participate, and beneficiaries who first become eli- gible for benefits, after December 31, 2025, in addi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2321 tion to meeting the other requirements under the regulations such plan furnishes each participant or beneficiary a one-time initial notice on paper in writ- ten form, prior to the electronic delivery of any pen- sion 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 state- ments electronically, in accordance with applicable guidance governing electronic disclosure by the De- partment of Labor (with the exception of section 2520.104b-1(c) of title 29, Code of Federal Regula- tions), the Secretary of Labor shall, not later than December 31, 2024, update such guidance to the ex- tent 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 Depart- ment of Labor shall be furnished by electronic delivery; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2322 (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 elec- tronic 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 dupli- cate electronic statement in any case in which the plan furnishes a paper pension benefit statement.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2323 (c) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to plan years begin- ning after December 31, 2025.

SEC.

339.

RECOGNITION OF TRIBAL GOVERNMENT DOMES- TIC RELATIONS ORDERS.

(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.— (1) IN GENERAL.—Clause (ii) of section 414(p)(1)(B) is amended by inserting ‘‘or Tribal’’ after ‘‘State’’.
(2) CONFORMING AMENDMENT.—Subparagraph (B) of section 414(p)(1) is amended by adding at the end the following flush sentence: ‘‘For purposes of clause (ii), the term ‘Tribal’ with respect to a domestic relations law means such a law which is issued by or under the laws of an Indian tribal government, a subdivision of such an Indian tribal government, or an agency or instrumentality of either.’’.
(b) AMENDMENT OF EMPLOYEE RETIREMENT IN- COME 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’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2324 (2) CONFORMING AMENDMENT.—Section 206(d)(3)(B) of such Act is amended by adding at the end the following flush sentence: ‘‘For purposes of clause (ii)(II), the term ‘Trib- al’ 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 de- fined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of such an Indian tribal government, or an agency or instrumentality of either.’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to domestic relations orders re- ceived by plan administrators after December 31, 2022, including any such order which is submitted for reconsid- eration after such date.

17 SEC.

340.

DEFINED CONTRIBUTION PLAN FEE DISCLOSURE IMPROVEMENTS.
Not later than 3 years after the date of enactment of this Act, the Secretary of Labor shall— (1) review section 2550.404a–5 of title 29, Code of Federal Regulations (relating to fiduciary requirements for disclosure in participant-directed individual account plans); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2325 (2) explore, through a public request for infor- mation or otherwise, how the contents and design of the disclosures described in such section may be im- proved to enhance participants’ understanding of fees and expenses related to a defined contribution plan (as defined in section 3 of the Employee Retire- ment 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, Edu- cation, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives on the findings of the exploration described in paragraph (2), including beneficial edu- cation for consumers on financial literacy concepts as related to retirement plan fees and recommenda- tions 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2326 1974 (29 U.S.C.


1002)) may, but is not required to, con- solidate 2 or more of the notices required under sections 404(c)(5)(B) and 514(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1104(c)(5)(B) and 29 U.S.C.
1144(e)(3)) and sections 401(k)(12)(D), 401(k)(13)(E), and 414(w)(4) of the Internal Revenue Code of 1986 into a single notice so long as the combined notice— in; (1) includes the required content; (2) clearly identifies the issues addressed there- (3) is furnished at the time and with the fre- quency required for each such notice; and (4) is presented in a manner that is reasonably calculated to be understood by the average plan par- ticipant and that does not obscure or fail to high- light the primary information required for each no- tice.
This section shall not be interpreted as preventing the con- solidation of any other notices required under the Em- ployee Retirement Income Security Act of 1974, or Inter- nal Revenue Code of 1986, to the extent otherwise per- mitted by the Secretary of Labor or the Secretary of the Treasury (or either such Secretary’s delegate), as applica- ble.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2327 SEC.

342.
2327 SEC.

342.

INFORMATION NEEDED FOR FINANCIAL OPTIONS RISK MITIGATION.

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

1021 et seq.

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

113.

NOTICE AND DISCLOSURE REQUIREMENTS WITH RESPECT TO LUMP SUMS.
‘‘(a) IN GENERAL.—A plan administrator of a pen- sion plan that amends the plan to provide a period of time during which a participant or beneficiary may elect to re- ceive a lump sum, instead of future monthly payments, shall furnish notice— 26 ‘‘(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 bene- ficiaries may make an election with respect to such lump sum.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2328 ‘‘(b) NOTICE TO PARTICIPANTS AND BENE- FICIARIES.— ‘‘(1) CONTENT.—The notice required under subsection (a)(1) shall include the following: ‘‘(A) Available benefit options, including the estimated monthly benefit that the partici- pant or beneficiary would receive at normal re- tirement age, whether there is a subsidized early retirement option or qualified joint and survivor annuity that is fully subsidized (in ac- cordance with section 417(a)(5) of the Internal Revenue Code of 1986, the monthly benefit amount if payments begin immediately, and the lump sum amount available if the participant or beneficiary takes the option.
‘‘(B) An explanation of how the lump sum was calculated, including the interest rate, mor- tality 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 man- ner in which a written explanation is required to be given under 417(a)(3) of the Internal Revenue Code of 1986, the relative value of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2329 lump sum option for a terminated vested partic- ipant 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 partici- pant or beneficiary is considering pur- chasing a commercial annuity.
‘‘(E) The potential ramifications of accept- ing the lump sum, including longevity risks, loss of protections guaranteed by the Pension Ben- efit Guaranty Corporation (with an explanation of the monthly benefit amount that would be protected by the Pension Benefit Guaranty Cor- poration if the plan is terminated with insuffi- cient assets to pay benefits), loss of protection from creditors, loss of spousal protections, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2330 other protections under this Act that would be lost.

‘‘(F) General tax rules related to accepting a lump sum, including rollover options and early distribution penalties with a disclaimer that the plan does not provide tax, legal, or ac- counting advice, and a suggestion that partici- pants and beneficiaries consult with their own tax, legal, and accounting advisors before deter- mining 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 partici- pants 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).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2331 ‘‘(c) NOTICE TO THE SECRETARY AND PENSION BENEFIT GUARANTY CORPORATION.—The notice required under subsection (a)(2) shall include the following: ‘‘(1) The total number of participants and beneficiaries eligible for such lump sum option.

‘‘(2) The length of the limited period during which the lump sum is offered.
‘‘(3) An explanation of how the lump sum was calculated, including the interest rate, mortality as- sumptions, and whether any additional plan benefits were included in the lump sum, such as early retire- ment subsidies.

‘‘(4) A sample of the notice provided to partici- pants and beneficiaries under subsection (a)(1), if otherwise required.
‘‘(d) POST-OFFER REPORT TO THE SECRETARY AND PENSION BENEFIT GUARANTY CORPORATION.—Not later than 90 days after the conclusion of the limited period during which participants and beneficiaries in a plan may accept a plan’s offer of a lump sum, a plan sponsor shall submit a report to the Secretary and the Director of the Pension Benefit Guaranty Corporation that includes the number of participants and beneficiaries who accepted the lump sum offer and such other information as the Sec- retary may require.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2332 ‘‘(e) PUBLIC AVAILABILITY.—The Secretary shall make the information provided in the notice to the Sec- retary required under subsection (a)(2) and in the post- offer reports submitted under subsection (d) publicly avail- able in a form that protects the confidentiality of the infor- mation provided.
‘‘(f) BIENNIAL REPORT.—Not later than the last day of the second calendar year after the calendar year includ- ing the applicability date of the final rules under section 342(e) of the SECURE 2.0 Act of 2022, and every 2 years thereafter, so long as the Secretary has received notices and post-offer reports under subsections (c) and (d) of this section, the Secretary shall submit to Congress a report that summarizes such notices and post-offer reports dur- ing the applicable reporting period.
The applicable report- ing period begins on the first day of the second calendar year preceding the calendar year that the report is sub- mitted to Congress and ends on the last day of the cal- endar 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 win- dows.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2333 (c) ENFORCEMENT.—Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1132) is amended— (1) in subsection (c)(1), by striking ‘‘or section 105(a)’’ and inserting ‘‘, section 105(a), or section 113(a)’’; and (2) in subsection (a)(4), by striking ‘‘105(c)’’ and inserting ‘‘section 105(c) or 113(a)’’.
(d) APPLICATION.—The requirements of section 113 of the Employee Retirement Income Security Act of 1974, as added by subsection (b), shall apply beginning on the applicable effective date specified in the final regulations promulgated pursuant to subsection (e).
(e) REGULATORY AUTHORITY.—Not earlier than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treas- ury, shall issue regulations to implement section 113 of the Employee Retirement Income Security Act of 1974, as added by subsection (a).

Such regulations shall be ap- plicable 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 Em- ployee Retirement Income Security Act of 1974 (29 U.S.C.

1021(f)(2)(B)) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2334 (1) in clause (i)(I), by striking ‘‘funding target attainment percentage (as defined in section 303(d)(2))’’ and inserting ‘‘percentage of plan liabil- ities 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’’ be- fore ‘‘the value’’, (ii) by inserting ‘‘, and for the pre- ceding 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2335 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 tab- ular form, a statement that de- scribes that in the event of a plan termination the corporation’s cal- culation of plan liabilities may be greater and that references the section of the notice with the in- formation 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 sub- clause (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 for- mat,’’ 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)’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2336 (6) by redesignating clauses (ix) through (xi) as clause (x) through (xii), respectively; (7) by inserting after clause (viii) the following: ‘‘(ix) in the case of a single-employer plan, a statement as to whether the plan’s funded status, based on the plan’s liabil- ities 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 per- centages), 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 deter- mined under clause (ii)(1)(aa), and ‘‘(III) the funded status of the plan, determined as the ratio of the plan’s assets and liabilities calculated under subclauses (I) and (II), for the plan year to which the notice relates, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2337 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-em- ployer plan— ‘‘(I) if plan assets are determined to be sufficient to pay vested benefits that are not guaranteed by the Pen- sion Benefit Guaranty Corporation, participants and beneficiaries may re- ceive benefits in excess of the guaran- teed amount, and ‘‘(II) such a determination gen- erally uses assumptions that result in a plan having a lower funded status as compared to the plan’s funded sta- tus disclosed in this notice.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to plan years begin- ning 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2338 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 pro- vided 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 enforce- ment 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 Sec- retary determines is necessary; and (2) not later than 5 years after the date of en- actment 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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2339 port on the findings of the study under paragraph (1), including recommendations on how pooled em- ployer plans can be improved, through legislation, to serve and protect retirement plan participants.

SEC.

345.

ANNUAL AUDITS FOR GROUP OF PLANS.

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

1023(a)(3)) shall relate only to each individual plan which would otherwise be sub- ject 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

346.

WORKER OWNERSHIP, READINESS, AND KNOWL- 2340 EDGE.


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

(2) INITIATIVE.—The term ‘‘Initiative’’ means the Employee Ownership Initiative established under subsection (b).
(3) NEW PROGRAM.—The term ‘‘new program’’ means a program, designed to promote employee ownership, that does not exist on the date on which the Secretary is carrying out a responsibility author- ized under this section.

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor.

(5) STATE.—The term ‘‘State’’ has the mean- ing given the term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.

3102).
3102).

(b) EMPLOYEE OWNERSHIP INITIATIVE.— (1) ESTABLISHMENT.—The Secretary shall es- tablish within the Department of Labor an Em- ployee Ownership Initiative to promote employee ownership.

1 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2341 (2) FUNCTIONS.—In carrying out the Initiative, the Secretary shall— (A) support within the States existing pro- grams designed to promote employee ownership; and (B) facilitate within the States the forma- tion of new programs designed to promote em- ployee ownership.
(3) DUTIES.—To carry out the functions enu- merated in paragraph (2), the Secretary shall sup- port new programs and existing programs by— (A) making Federal grants authorized under subsection (d); and (B)(i) acting as a clearinghouse on tech- niques 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 gath- ering 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2342 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 OWNER- SHIP.— (1) ESTABLISHMENT OF PROGRAM.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to en- courage new programs and existing programs within the States to foster employee ownership throughout the United States.
(2) PURPOSE OF PROGRAM.—The purpose of the program established under paragraph (1) is to encourage new and existing programs within the States that focus on— (A) providing education and outreach to inform employees and employers about the pos- sibilities and benefits of employee ownership and business ownership succession planning, in- cluding providing information about financial education, employee teams, open-book manage- ment, and other tools that enable employees to share ideas and information about how their businesses can succeed; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2343 (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 par- tial ownership to employees, and to encourage employees and employers to start new em- ployee-owned businesses; (C) training employees and employers with respect to methods of employee participation in open-book management, work teams, commit- tees, 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 in- clude, 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, commu- nity organizations, and economic develop- ment organizations; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2344 (ii) encourage cooperation in the orga- nization of workshops and conferences; and (iii) prepare and distribute materials concerning employee ownership, and busi- ness ownership succession planning; (B) in the case of activities described in paragraph (2)(B)— (i) provide preliminary technical as- sistance to employee groups, managers, and retiring owners exploring the possi- bility of employee ownership; (ii) provide for the performance of preliminary feasibility assessments; (iii) assist in the funding of objective third-party feasibility studies and prelimi- nary business valuations, and in selecting and monitoring professionals qualified to conduct such studies; and (iv) provide a data bank to help em- ployees find legal, financial, and technical advice in connection with business owner- ship; (C) in the case of activities described in paragraph (2)(C)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2345 (i) provide for courses on employee participation; and (ii) provide for the development and fostering of networks of employee-owned companies to spread the use of successful participation techniques; and (D) in the case of training described in paragraph (2)(D)— (i) provide for visits to existing pro- grams by staff from new programs receiv- ing funding under this section; and (ii) provide materials to be used for such training.
(4) GUIDANCE.—The Secretary shall issue for- mal guidance, for— (A) recipients of grants awarded under subsection (d) and one-stop partners (as de- fined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102)) affili- ated with the workforce development systems (as so defined) of the States, proposing that programs and other activities funded under this section be— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2346 (i) proactive in encouraging actions and activities that promote employee own- ership 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 em- ployee stock ownership plan (as defined in sec- tion 407(d)(6) of the Employee Retirement In- come Security Act of 1974 (29 U.S.C.
1107(d)(6))).

The guidance under subparagraph (B) shall be pre- scribed 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 pro- grams and existing programs within a State for any of the following activities: (A) Education and outreach as provided in subsection (c)(2)(A).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2347 (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 partici- pants in existing programs dedicated to the ob- jectives of this section, except that, for each fis- cal 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 sec- tion.

(2) AMOUNTS AND CONDITIONS.—The Sec- retary shall determine the amount and any condi- tions 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 applica- tion to the Secretary at such time, in such manner, and accompanied by such information as the Sec- retary may reasonably require.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2348 (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 insti- tution 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 pursu- ant to this section during any fiscal year, the Secretary shall, in the subsequent fiscal years, allow local entities described in paragraph (4) from that State to make applications for grants under paragraph (3) on their own initiative.
(B) APPLICATION SCREENING.—Any State failing to support or establish a program pursu- ant to this section during any fiscal year may submit applications under paragraph (3) in the subsequent fiscal years but may not screen ap- plications by local entities described in para- graph (4) before submitting the applications to the Secretary.
(6) LIMITATIONS.—A recipient of a grant made under this subsection shall not receive, during a fis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2349 cal year, in the aggregate, more than the following amounts: (A) For fiscal year 2025, $300,000.

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

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

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

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


(7) ANNUAL REPORT.—For each year, each re- cipient of a grant under this subsection shall submit to the Secretary a report describing how grant funds allocated pursuant to this subsection were expended during the 12-month period preceding the date of the submission of the report.
(e) EVALUATIONS.—The Secretary is authorized to reserve not more than 10 percent of the funds appro- priated 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.
20 21 22 (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 23 a report— 24 25 (1) on progress related to employee ownership in businesses in the United States; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2350 (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 pur- suant to subsection (d) the following: (A) For fiscal year 2025, $4,000,000.

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

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

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

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


(2) ADMINISTRATIVE EXPENSES.—There are authorized to be appropriated for the purpose of funding the administrative expenses related to the Initiative— (A) for fiscal year 2024, $200,000, and (B) for each of fiscal years 2025 through 2029, an amount not in excess of the lesser of— (i) $350,000; or (ii) 5.0 percent of the maximum amount available under paragraph (1) for that fiscal year.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2351 SEC.

347.

REPORT BY THE SECRETARY OF LABOR ON THE IMPACT OF INFLATION ON RETIREMENT SAV- INGS.
The Secretary of Labor, in consultation with the Sec- retary 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 en- actment of this Act, submit to Congress a report on the findings of the study.

SEC.

348.

CASH BALANCE.
(a) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Section 411(b) is amended by adding at the end the following new paragraph: 26 ‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes of subparagraphs (A), (B), and (C) of paragraph (1), in the case of an applica- ble defined benefit plan (as defined in subsection (a)(13)(C)) which provides variable interest crediting rates, the interest crediting rate which is treated as in effect and as the projected interest crediting rate shall be a reasonable projection of such variable in- terest crediting rate, not to exceed 6 percent.’’.
(b) AMENDMENT OF EMPLOYEE RETIREMENT IN- COME SECURITY ACT OF 1974.—Section 204(b) of the Employee Retirement Income Security Act of 1974 (29 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2352 U.S.C.
1060(b)) is amended by adding at the end the fol- lowing new paragraph: ‘‘(6) PROJECTED INTEREST CREDITING RATE.—For purposes of subparagraphs (A), (B), and (C) of paragraph (1), in the case of an applica- ble defined benefit plan (within the meaning of sec- tion 203(f)(3)) which provides variable interest cred- iting rates, the interest crediting rate which is treat- ed 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 begin- ning after the date of enactment of this Act.

SEC.

349.

TERMINATION OF VARIABLE RATE PREMIUM IN- DEXING.

(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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2353 ‘‘(viii) for plan years beginning after calendar year 2023, $52.’’; (2) in subparagraph (B), in the matter pre- ceding clause (i), by inserting ‘‘and before 2024’’ after ‘‘2012’’ ; and (3) in subparagraph (D)(vii), by inserting ‘‘and before 2024’’ after ‘‘2019’’.

(b) TECHNICAL AMENDMENT.—Clause (i) of section 4006(a)(3)(E) of the Employee Retirement Income Secu- rity Act of 1974 (29 U.S.C.
1306(a)(3)(E)) is amended by striking ‘‘subparagraph (H)’’ and inserting ‘‘subpara- graph (I)’’.

13 14 (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the date of the enactment 15 of this Act.

16 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 ER- 22 RORS.— 23 24 ‘‘(1) IN GENERAL.—Any plan or arrangement shall not fail to be treated as a plan described in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2354 sections 401(a), 403(b), 408, or 457(b), as applica- ble, solely by reason of a corrected error.
‘‘(2) CORRECTED ERROR DEFINED.—For pur- poses of this subsection, the term ‘corrected error’ means a reasonable administrative error— ‘‘(A)(i) made in implementing an auto- matic enrollment or automatic escalation fea- ture with respect to an eligible employee (or an affirmative election made by an eligible em- ployee covered by such feature), or ‘‘(ii) made by failing to afford an eligible employee the opportunity to make an affirma- tive election because such employee was improp- erly excluded from the plan], and ‘‘(B) that is corrected prospectively by im- plementing an automatic enrollment or auto- matic escalation feature with respect to an eligi- ble employee (or an affirmative election made by an eligible employee) determined in accord- ance with the terms of an eligible automatic contribution arrangement (as defined under subsection (w)(3)), provided that— ‘‘(i) such implementation error is cor- rected not later than— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2355 ‘‘(I) the date of the first payment of compensation made by the em- ployer 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 em- ployee first occurred, or ‘‘(II) if earlier in the case of an employee who notifies the plan spon- sor 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 spon- sor makes a corrective allocation, not later than the deadline specified by the Sec- retary in regulations or other guidance prescribed under paragraph (3), of match- ing contributions on behalf of the employee in an amount equal to the additional December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2356 matching contributions to which the em- ployee would have been so entitled (ad- justed 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 simi- larly situated participants in a nondiscrim- inatory 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) satis- fies such regulations or other guidance as the Secretary prescribes under paragraph (4).
Such correction may occur before or after the partic- ipant has terminated employment and may occur without regard to whether the error is identified by the Secretary.
‘‘(3) NO OBLIGATION FOR EMPLOYER TO RE- STORE MISSED ELECTIVE DEFERRALS.—If the re- quirements of paragraph (2)(B) are satisfied, the employer will not be required to provide eligible em- ployees with the missed amount of elective deferrals December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2357 resulting from a reasonable administrative error de- scribed in paragraph (2)(A)(i) or (ii) through a qualified nonelective contribution, or otherwise.
‘‘(4) REGULATIONS AND GUIDANCE FOR FAVOR- ABLE CORRECTION METHODS.—The Secretary shall by regulations or other guidance of general applica- bility 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 guid- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2358 ance 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 ENHANCE- MENT ACT OF 2019.
(a) TECHNICAL AMENDMENTS.— (1) AMENDMENTS RELATING TO SECTION 103.—Section 401(m)(12) is amended by striking ‘‘and’’ at the end of subparagraph (A), by redesig- nating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) (as so amended) the following new subparagraph: ‘‘(B) meets the notice requirements of sub- section (k)(13)(E), and’’.
(2) AMENDMENTS RELATING TO SECTION 112.— (A) Section 401(k)(15)(B)(i)(II) is amend- ed by striking ‘‘subsection (m)(2)’’ and insert- ing ‘‘paragraphs (2), (11), and (12) of sub- section (m)’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2359 (B) Section 401(k)(15)(B)(iii) is amended by striking ‘‘under the arrangement’’ and in- serting ‘‘under the plan’’.
(C) Section 401(k)(15)(B)(iv) is amended by striking ‘‘section 410(a)(1)(A)(ii)’’ and in- serting ‘‘paragraph (2)(D)’’.

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

(2) Section 401(k)(12)(G) is amended by strik- ing ‘‘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)’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2360 (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 strik- ing ‘‘(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 En- hancement 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 re- tirement 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 sub- section (b)(2)(A); and (2) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), such retire- ment 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 Retire- ment Income Security Act of 1974 by reason of such amendment.
(b) AMENDMENTS TO WHICH SECTION APPLIES.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2361 (1) IN GENERAL.—This section shall apply to any amendment to any retirement plan or annuity contract which is made— (A) pursuant to any amendment made by this Act or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor (or a delegate of either such Sec- retary) 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 em- ployee representatives and 1 or more employers rati- fied before the date of enactment of this Act.
(2) CONDITIONS.—This section shall not apply to any amendment unless— (A) during the period— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2362 (i) beginning on the date the legisla- tive or regulatory amendment described in paragraph (1)(A) takes effect (or in the case of a plan or contract amendment not required by such legislative or regulatory amendment, the effective date specified by the plan); and (ii) ending on the date described in paragraph (1)(B) (as modified by the sec- ond sentence of paragraph (1)) (or, if ear- lier, 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 ap- plies retroactively for such period.
(c) COORDINATION WITH OTHER PROVISIONS RE- LATING TO PLAN AMENDMENTS.— (1) SECURE ACT.—Section 601(b)(1) of the Setting Every Community Up for Retirement En- hancement Act of 2019 is amended— (A) by striking ‘‘January 1, 2022’’ in sub- paragraph (B) and inserting ‘‘January 1, 2025’’, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2363 (B) by striking ‘‘substituting ‘2024’ for ‘2022’.’’ in the flush matter at the end and in- serting ‘‘substituting ‘2027’ for ‘2025’.’’.

(2) CARES ACT.— (A) SPECIAL RULES FOR USE OF RETIRE- MENT FUNDS.—Section 2202(c)(2)(A) of the CARES Act is amended by striking ‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January 1, 2025’’.
(B) TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTIONS RULES FOR CERTAIN RETIREMENT PLANS AND ACCOUNTS.—Section 2203(c)(2)(B)(i) of the CARES Act is amend- ed— (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2364 striking ‘‘January 1, 2022’’ in clause (ii) and inserting ‘‘January 1, 2025’’.

TITLE VI—REVENUE PROVISIONS SEC.

601.

SIMPLE AND SEP ROTH IRAS.

(a) IN GENERAL.—Section 408A is amended by striking subsection (f).
(b) RULES RELATING TO SIMPLIFIED EMPLOYEE PENSIONS.— (1) CONTRIBUTIONS.—Section 402(h)(1) is amended by striking ‘‘and’’ at the end of subpara- graph (A), by striking the period at the end of sub- paragraph (B) and inserting ‘‘, and’’, and by adding at the end the following new subparagraph: ‘‘(C) in the case of any contributions pur- suant to a simplified employer pension which are made to an individual retirement plan des- ignated as a Roth IRA, such contribution shall not be excludable from gross income.’’.
(2) DISTRIBUTIONS.—Section 402(h)(3) is amended by inserting ‘‘(or section 408A(d) in the case of an individual retirement plan designated as a Roth IRA)’’ before the period at the end.

(3) ELECTION REQUIRED.—Section 408(k) is amended by redesignating paragraphs (7), (8), and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2365 (9) as paragraphs (8), (9), and (10), respectively, and by inserting after paragraph (6) the following new paragraph: ‘‘(7) ROTH CONTRIBUTION ELECTION.—An in- dividual retirement plan which is designated as a Roth IRA shall not be treated as a simplified em- ployee pension under this subsection unless the em- ployee elects for such plan to be so treated (at such time and in such manner as the Secretary may pro- vide).’’.
(c) RULES RELATING TO SIMPLE RETIREMENT AC- COUNTS.— (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 in- dividual retirement plan which is designated as a Roth IRA shall not be treated as a simple retirement account under this subsection unless the employee elects for such plan to be so treated (at such time and in such manner as the Secretary may pro- vide).’’.
(2) ROLLOVERS.—Section 408A(e) is amended by adding at the end the following new paragraph: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2366 ‘‘(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) ap- plies, the term ‘qualified rollover contribution’ shall not include any payment or distribution paid into an account other than another simple retirement ac- count (as so defined).’’.
(d) CONFORMING AMENDMENT.—Section 408A(d)(2)(B) is amended by inserting ‘‘, or employer in the case of a simple retirement account (as defined in sec- tion 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.

18 SEC.

602.

HARDSHIP WITHDRAWAL RULES FOR 403(b) PLANS.


(a) IN GENERAL.—Section 403(b), as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph: ‘‘(17) SPECIAL RULES RELATING TO HARDSHIP WITHDRAWALS.—For purposes of paragraphs (7) and (11)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2367 ‘‘(A) AMOUNTS WHICH MAY BE WITH- DRAWN.—The following amounts may be dis- tributed upon hardship of the employee: ‘‘(i) Contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)).

‘‘(ii) Qualified nonelective contribu- tions (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 AVAIL- ABLE LOAN.—A distribution shall not be treat- ed 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2368 (A) by striking ‘‘in’’ in subparagraph (B) and inserting ‘‘subject to the provisions of para- graph (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 De- cember 31, 2023.

SEC.
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 para- graph: ‘‘(7) CERTAIN DEFERRALS MUST BE ROTH CON- TRIBUTIONS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (C), in the case of an eligible par- ticipant 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 ap- plicable employer plan with respect to which December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2369 subparagraph (A) applies to any participant for a plan year, paragraph (1) shall not apply to the plan unless the plan provides that any eligi- ble participant may make the participant’s ad- ditional elective deferrals as designated Roth contributions.
‘‘(C) EXCEPTION.—Subparagraph (A) shall not apply in the case of an applicable em- ployer plan described in paragraph (6)(A)(iv).

‘‘(D) ELECTION TO CHANGE DEFER- RALS.—The Secretary may provide by regula- tions that an eligible participant may elect to change the participant’s election to make addi- tional elective deferrals if the participant’s com- pensation is determined to exceed the limitation under subparagraph (A) after the election is made.
‘‘(E) COST OF LIVING ADJUSTMENT.—In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the $145,000 amount in subparagraph (A) for in- creases 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2370 July 1, 2023, and any increase under this sub- paragraph 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 in- serting ‘‘the lesser of any designated Roth contribu- tions made by the participant to the plan or’’ before ‘‘the applicable dollar amount’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

15 SEC.

604.

OPTIONAL TREATMENT OF EMPLOYER MATCHING OR NONELECTIVE CONTRIBUTIONS AS ROTH CONTRIBUTIONS.
(a) IN GENERAL.—Section 402A(a) is amended by redesignating paragraph (2) as paragraph (4), by striking ‘‘and’’ at the end of paragraph (1), and by inserting after paragraph (1) the following new paragraphs: ‘‘(2) any designated Roth contribution which pursuant to the program is made by the employer on the employee’s behalf on account of the employee’s contribution, elective deferral, or (subject to the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2371 quirements of section 401(m)(13)) qualified student loan payment shall be treated as a matching con- tribution 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 con- tribution shall be nonforfeitable and shall not be ex- cludable from gross income, and’’.
(b) MATCHING INCLUDED IN QUALIFIED ROTH CON- TRIBUTION PROGRAM.—Section 402A(b)(1) is amended— (1) by inserting ‘‘, or to have made on the em- ployee’s behalf,’’ after ‘‘elect to make’’, and (2) by inserting ‘‘, or of matching contributions or nonelective contributions which may otherwise be made on the employee’s behalf,’’ after ‘‘otherwise eli- gible to make’’.
(c) DESIGNATED ROTH MATCHING CONTRIBU- TIONS.—Section 402A(c)(1) is amended by inserting ‘‘, matching contribution, or nonelective contribution’’ after ‘‘elective deferral’’.

23 24 (d) MATCHING CONTRIBUTION DEFINED.—Section 402A(f), as redesignated by this Act, is amended by add- 25 ing at the end the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2372 ‘‘(3) MATCHING CONTRIBUTION.—The term ‘matching contribution’ means— ‘‘(A) any matching contribution described in section 401(m)(4)(A), and ‘‘(B) any contribution to an eligible de- ferred compensation plan (as defined in section 457(b)) by an eligible employer described in section 457(e)(1)(A) on behalf of an employee and on account of such employee’s elective de- ferral 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 QUALI- FIED CONSERVATION CONTRIBUTIONS MADE BY PASS-THROUGH ENTITIES.— ‘‘(A) IN GENERAL.—A contribution by a partnership (whether directly or as a distribu- tive share of a contribution of another partner- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2373 ship) shall not be treated as a qualified con- servation contribution for purposes of this sec- tion if the amount of such contribution exceeds 2.5 times the sum of each partner’s relevant basis in such partnership.
‘‘(B) RELEVANT BASIS.—For purposes of this paragraph— ‘‘(i) IN GENERAL.—The term ‘relevant basis’ means, with respect to any partner, the portion of such partner’s modified basis in the partnership which is allocable (under rules similar to the rules of section 755) to the portion of the real property with respect to which the contribution de- scribed in subparagraph (A) is made.
‘‘(ii) MODIFIED BASIS.—The term ‘modified basis’ means, with respect to any partner, such partner’s adjusted basis in the partnership as determined— ‘‘(I) immediately before the con- tribution described in subparagraph (A), ‘‘(II) without regard to section 752, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2374 ‘‘(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.—Subpara- graph (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 part- nership that made such contribution ac- quired any portion of the real property with respect to which such contribution is made, ‘‘(ii) the last date on which any part- ner in the partnership that made such con- tribution acquired any interest in such partnership, and ‘‘(iii) if the interest in the partnership that made such contribution is held through 1 or more partnerships— ‘‘(I) the last date on which any such partnership acquired any interest in any other such partnership, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2375 ‘‘(II) the last date on which any partner in any such partnership ac- quired any interest in such partner- ship.

‘‘(D) EXCEPTION FOR FAMILY PARTNER- SHIPS.— ‘‘(i) IN GENERAL.—Subparagraph (A) shall not apply with respect to any con- tribution made by any partnership if sub- stantially all of the partnership interests in such partnership are held, directly or indi- rectly, 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 re- spect to any individual— ‘‘(I) the spouse of such indi- vidual, and ‘‘(II) any individual who bears a relationship to such individual which is described in subparagraphs (A) through (G) of section 152(d)(2).

‘‘(E) EXCEPTION FOR CONTRIBUTIONS TO PRESERVE CERTIFIED HISTORIC STRUC- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2376 TURES.—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 other- wise provided by the Secretary, the rules of this paragraph shall apply to S corporations and other pass-through entities in the same manner as such rules apply to partnerships.
‘‘(G) REGULATIONS.—The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including regu- lations or other guidance— ‘‘(i) to require reporting, including re- porting 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 PEN- ALTIES.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2377 (A) IN GENERAL.—Section 6662(b) is amended by inserting after paragraph (9) the following new paragraph: ‘‘(10) Any disallowance of a deduction by rea- son of section 170(h)(7).’’.
(B) TREATMENT AS GROSS VALUATION MISSTATEMENT.—Section 6662(h)(2) is amend- ed by striking ‘‘and’’ at the end of subpara- graph (B), by striking the period at the end of subparagraph (C) and inserting ‘‘, and’’, and by adding at the end the following new subpara- graph: ‘‘(D) any disallowance of a deduction de- scribed in subsection (b)(10).’’.
(C) NO REASONABLE CAUSE EXCEP- TION.—Section 6664(c)(2) is amended by in- serting ‘‘or to any disallowance of a deduction described in section 6662(b)(10)’’ before the pe- riod at the end.

(D) APPROVAL OF ASSESSMENT NOT RE- QUIRED.—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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2378 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 trans- action for purposes of section 6011 of such Code.
(b) REPORTING REQUIREMENTS.—Section 170(f) is amended by adding at the end the following new para- graph: ‘‘(19) CERTAIN QUALIFIED CONSERVATION CONTRIBUTIONS.— ‘‘(A) IN GENERAL.—In the case of a quali- fied conservation contribution to which this paragraph applies, no deduction shall be al- lowed under subsection (a) for such contribu- tion unless the partnership making such con- tribution— ‘‘(i) includes on its return for the tax- able year in which the contribution is made a statement that the partnership made such a contribution, and ‘‘(ii) provides such information about the contribution as the Secretary may re- quire.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2379 ‘‘(B) CONTRIBUTIONS TO WHICH THIS PARAGRAPH APPLIES.—This paragraph shall apply to any qualified conservation contribu- tion— ‘‘(i) the conservation purpose of which is the preservation of any building which is a certified historic structure (as defined in subsection (h)(4)(C)), ‘‘(ii) which is made by a partnership (whether directly or as a distributive share of a contribution of another partnership), and ‘‘(iii) the amount of which exceeds 2.5 times the sum of each partner’s relevant basis (as defined in subsection (h)(7)) in the partnership making the contribution.
‘‘(C) APPLICATION TO OTHER PASS- THROUGH ENTITIES.—Except as may be other- wise 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2380 (1) IN GENERAL.—The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

(2) NO INFERENCE.—No inference is intended as to the appropriate treatment of contributions made in taxable years ending on or before the date specified in paragraph (1), or as to any contribution for which a deduction is not disallowed by reason of section 170(h)(7) of the Internal Revenue Code of 1986, as added by this section.
(d) SAFE HARBORS AND OPPORTUNITY FOR DONOR TO CORRECT CERTAIN DEED ERRORS.— (1) IN GENERAL.—The Secretary of the Treas- ury (or such Secretary’s delegate) shall, within 120 days after the date of the enactment of this Act, publish safe harbor deed language for extinguish- ment clauses and boundary line adjustments.
(2) OPPORTUNITY TO CORRECT.— (A) IN GENERAL.—During the 90-day pe- riod beginning on the date of publication of the safe harbor deed language under paragraph (1), a donor may amend an easement deed to sub- stitute the safe harbor language for the cor- responding language in the original deed if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2381 (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 ef- fective 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 trans- action (as defined in section 6707A(c)(1) of the Internal Revenue Code of 1986), or (II) is described in Internal Rev- enue 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 con- servation contribution, (iii) if a deduction for such contribu- tion under section 170 of such Code has been disallowed by the Secretary of the Treasury (or such Secretary’s delegate), and the donor is contesting such disallow- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2382 ance in a case which is docketed in a Fed- eral court on a date before the date the amended deed is recorded by the donor, or (iv) if a claimed deduction for such contribution under section 170 of such Code resulted in an underpayment to which a penalty under section 6662 or 6663 of such Code applies and— (I) such penalty has been finally determined administratively, or (II) if such penalty is challenged in court, the judicial proceeding with respect to such penalty has been con- cluded by a decision or judgment which has become final.
SEC.

606.

ENHANCING RETIREE HEALTH BENEFITS IN PEN- SION 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 ‘‘De- cember 31, 2032’’.

(2) DE MINIMIS TRANSFER RULE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2383 (A) IN GENERAL.—Subsection (e) of sec- tion 420 is amended by adding at the end the following new paragraph: ‘‘(7) SPECIAL RULE FOR DE MINIMIS TRANS- FERS.— ‘‘(A) IN GENERAL.—In the case of a trans- fer of an amount which is not more than 1.75 percent of the amount determined under para- graph (2)(A) by a plan which meets the re- quirements of subparagraph (B), paragraph (2)(B) shall be applied by substituting ‘110 percent’ for ‘125 percent’.
‘‘(B) TWO-YEAR LOOKBACK REQUIRE- MENT.—A plan is described in this subpara- graph if, as of any valuation date in each of the 2 plan years immediately preceding the plan year in which the transfer occurs, the amount determined under paragraph (2)(A) exceeded 110 percent of the sum of the funding target and the target normal cost determined under section 430 for each such plan year.’’.
(B) COST MAINTENANCE PERIOD.—Sub- paragraph (D) of section 420(c)(3) is amended by striking ‘‘5 taxable years’’ and inserting ‘‘5 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2384 taxable years (7 taxable years in the case of a transfer to which subsection (e)(7) applies)’’.
(C) CONFORMING AMENDMENTS.— (i) EXCESS PENSION ASSETS.—Clause (i) of section 420(f)(2)(B) is amended— (I) by striking ‘‘IN GENERAL.— In’’ and inserting ‘‘IN GENERAL.— ‘‘(I) DETERMINATION.—In’’, (II) by striking ‘‘subsection (e)(2)’’ and inserting ‘‘subsection (e)(2)(B)’’, and (III) by adding at the end the following new subclause: ‘‘(II) SPECIAL RULE FOR COL- LECTIVELY BARGAINED TRANS- FERS.—In determining excess pension assets for purposes of a collectively bargained transfer, subsection (e)(7) shall not apply.’’.
(ii) MINIMUM COST.—Subclause (I) of section 420(f)(2)(D)(i) is amended by striking ‘‘4th year’’ and inserting ‘‘4th year (the 6th year in the case of a transfer to which subsection (e)(7) applies)’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2385 (b) EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE HEALTH ACCOUNTS UNDER EM- PLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.— (1) DEFINITIONS.—Section 101(e)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1021(e)(3)) is amended by striking ‘‘(as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in ef- fect on the date of enactment of the SECURE 2.0 Act of 2022)’’.
(2) USE OF ASSETS.—Section 403(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.

1103(c)(1)) is amended by striking ‘‘(as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in ef- fect on the date of enactment of the SECURE 2.0 Act of 2022)’’.

(3) EXEMPTION.—Section 408(b)(13) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1108(b)(13)) is amended— (A) by striking ‘‘January 1, 2026’’ and in- serting ‘‘January 1, 2033’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2386 (B) by striking ‘‘(as in effect on the date of the enactment of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015)’’ and inserting ‘‘(as in effect on the date of enactment of the SECURE 2.0 Act of 2022)’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to transfers made after the date of the enactment of this Act.

TITLE VII—TAX COURT RETIREMENT PROVISIONS SEC.

701.

PROVISIONS RELATING TO JUDGES OF THE TAX COURT.
(a) THRIFT SAVINGS PLAN CONTRIBUTIONS FOR JUDGES IN THE FEDERAL EMPLOYEES RETIREMENT SYSTEM.— (1) IN GENERAL.—Subsection (j)(3)(B) of sec- tion 7447 is amended to read as follows: ‘‘(B) CONTRIBUTIONS FOR BENEFIT OF JUDGE.—No contributions under section 8432(c) of title 5, United States Code, shall be made for the benefit of a judge who has filed an election to receive retired pay under sub- section (e).’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2387 (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 distribu- tion which represents the Government’s con- tribution to the individual’s Thrift Savings Ac- count during years of service as a full-time judi- cial officer under the Federal Employees Retire- ment System, without regard to earnings attrib- utable to such amount.
Where such an offset would exceed 50 percent of the retired pay to be received in the first year, the offset may be divided equally over the first 2 years in which the individual receives the annuity.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to basic pay earned while serving as a judge of the United States Tax Court on or after the date of the enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2388 (b) CHANGE IN VESTING PERIOD FOR SURVIVOR AN- NUITIES AND WAIVER OF VESTING PERIOD IN THE EVENT OF ASSASSINATION.— (1) ELIGIBILITY IN CASE OF DEATH.—Sub- section (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 para- graph (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 de- scribed in paragraph (2) is survived by a sur- viving 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2389 computed as provided in subsection (m), and there shall also be paid to or on behalf of each such child an immediate annuity equal to the lesser of— ‘‘(i) 10 percent of the average annual salary of such judge or special trial judge (determined in accordance with subsection (m)), or ‘‘(ii) 20 percent of such average an- nual salary, divided by the number of such children.
‘‘(C) ANNUITY TO SURVIVING DEPENDENT CHILDREN.—If a judge or special trial judge described in paragraph (2) leaves no surviving spouse but leaves a surviving dependent child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the lesser of— ‘‘(i) 20 percent of the average annual salary of such judge or special trial judge (determined in accordance with subsection (m)), or ‘‘(ii) 40 percent of such average an- nual salary divided by the number of such children.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2390 ‘‘(2) COVERED JUDGES.—Paragraph (1) applies to any judge or special trial judge electing under subsection (b)— ‘‘(A) who dies while a judge or special trial judge after having rendered at least 18 months of civilian service computed as prescribed in subsection (n), for the last 18 months of which the salary deductions provided for by subsection (c)(1) or the deposits required by subsection (d) have actually been made or the salary deduc- tions required by the civil service retirement laws have actually been made, or ‘‘(B) who dies by assassination after hav- ing rendered less than 18 months of civilian service computed as prescribed in subsection (n) if, for the period of such service, the salary de- ductions provided for by subsection (c)(1) or the deposits required by subsection (d) have ac- tually been made.
‘‘(3) TERMINATION OF ANNUITY.— ‘‘(A) SURVIVING SPOUSE.—The annuity payable to a surviving spouse under this sub- section shall be terminable upon such surviving spouse’s death or such surviving spouse’s re- marriage before attaining age 55.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2391 ‘‘(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-sup- port by reason of mental or physical disability the child’s annuity shall be terminable only upon death, marriage, or recovery from such disability.
‘‘(C) DEPENDENT CHILD AFTER DEATH OF SURVIVING SPOUSE.—In case of the death of a surviving spouse of a judge or special trial judge leaving a dependent child or children of the judge or special trial judge surviving such spouse, the annuity of such child or children shall be recomputed and paid as provided in paragraph (1)(C).
‘‘(D) RECOMPUTATION WITH RESPECT TO OTHER DEPENDENT CHILDREN.—In any case in which the annuity of a dependent child is terminated under this subsection, the annuities of any remaining dependent child or children based upon the service of the same judge or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2392 special trial judge shall be recomputed and paid as though the child whose annuity was so ter- minated 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 deduc- tions that would have been made if such deduc- tions 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 fol- lowing new paragraph: ‘‘(10) The terms ‘assassinated’ and ‘assassina- tion’ 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 du- ties.’’.
(3) DETERMINATION OF ASSASSINATION.—Sub- section (i) of section 7448 is amended— (A) by striking ‘‘OF DEPENDENCY AND DISABILITY.—Questions’’ and inserting ‘‘BY CHIEF JUDGE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2393 ‘‘(1) DEPENDENCY AND DISABILITY.—Ques- tions’’, and (B) by adding at the end the following new paragraph: ‘‘(2) ASSASSINATION.—The chief judge shall determine whether the killing of a judge or special trial judge was an assassination, subject to review only by the Tax Court.

The head of any Federal agency that investigates the killing of a judge or special trial judge shall provide to the chief judge any information that would assist the chief judge in making such a determination.’’.
(4) COMPUTATION OF ANNUITIES.—Section 7448(m) is amended to read as follows: ‘‘(m) COMPUTATION OF ANNUITIES.—The annuity of the surviving spouse of a judge or special trial judge elect- ing under subsection (b) shall be an amount equal to the sum of— ‘‘(1) the product of— ‘‘(A) 1.5 percent of the average annual sal- ary (whether judge’s or special trial judge’s sal- ary or compensation for other allowable service) received by such judge or special trial judge— ‘‘(i) for judicial service (including pe- riods in which he received retired pay December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2394 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 pe- riod 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 serv- ice prior to such judge’s or special trial judge’s death, multiplied by the sum of, multiplied by ‘‘(B) the sum of— ‘‘(i) the judge’s or special trial judge’s years of such judicial service, ‘‘(ii) the judge’s or special trial judge’s years of prior allowable service as a Senator, Representative, Delegate, or Resident Commissioner in Congress, ‘‘(iii) the judge’s or special trial judge’s years of prior allowable service per- formed as a member of the Armed Forces of the United States, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2395 ‘‘(iv) the judge’s or special trial judge’s years, not exceeding 15, of prior al- lowable service performed as a congres- sional 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 an- nual salary, and shall be further reduced in accordance with subsection (d) (if applicable).
In determining the pe- riod 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 ef- fect.’’.
(5) OTHER BENEFITS.—Section 7448 is amend- ed by adding at the end the following new sub- section: ‘‘(u) OTHER BENEFITS IN CASE OF ASSASSINA- TION.—In the case of a judge or special trial judge who is assassinated, an annuity shall be paid under this section notwithstanding a survivor’s eligibility for or receipt of benefits under chapter 81 of title 5, United States Code, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2396 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 sal- ary 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 sub- section (g)(2)(C) and inserting ‘‘sections 8331(8) and 8401(19)’’, and (B) by striking ‘‘Civil Service Commission’’ both places it appears in subsection (i)(2) and inserting ‘‘Office of Personnel Management’’.
(2) ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT CHILDREN.—Section 7448 is amend- ed— (A) by striking ‘‘section 8332’’ in sub- section (d) and inserting ‘‘sections 8332 and 8411’’, and (B) by striking ‘‘section 8332’’ in sub- section (n) and inserting ‘‘sections 8332 and 8411’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2397 (d) LIMIT ON TEACHING COMPENSATION OF RE- TIRED JUDGES.— (1) IN GENERAL.—Section 7447 is amended by adding at the end the following new subsection: ‘‘(k) TEACHING COMPENSATION OF RETIRED JUDGES.—For purposes of the limitation under section 501(a) of the Ethics in Government Act of 1978 (5 U.S.C.

App.
App.

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

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2398 SEC.

702.
2398 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 amend- ed by inserting after section 7447 the following new sec- tion: ‘‘SEC.

7447A.

RETIREMENT FOR SPECIAL TRIAL JUDGES.


‘‘(a) IN GENERAL.— ‘‘(1) RETIREMENT.—Any special trial judge ap- pointed pursuant to section 7443A may retire from service as a special trial judge if the individual meets the age and service requirements set forth in the fol- lowing 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 de- termination 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 be- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2399 comes permanently disabled from performing such individ- ual’s duties shall retire from service as a special trial judge.
‘‘(c) RECALLING OF RETIRED SPECIAL TRIAL JUDGES.—Any individual who has retired pursuant to subsection (a) may be called upon by the chief judge to perform such judicial duties with the Tax Court as may be requested of such individual for a period or periods specified by the chief judge, except that in the case of any such individual— ‘‘(1) the aggregate of such periods in any 1 cal- endar year shall not (without the consent of such in- dividual) exceed 90 calendar days, and ‘‘(2) such individual shall be relieved of per- forming such duties during any period in which ill- ness or disability precludes the performance of such duties.
Any act, or failure to act, by an individual performing ju- dicial 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 per- forming judicial duties pursuant to this subsection shall be paid the same compensation (in lieu of retired pay) and allowances for travel and other expenses as a special trial 25 judge.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2400 ‘‘(d) RETIRED PAY.— ‘‘(1) IN GENERAL.—Any individual who retires pursuant to subsection (a) and elects under sub- section (e) to receive retired pay under this sub- section 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 in- dividual 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 sal- ary 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 retire- ment, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2401 ‘‘(B) at a rate equal to 1⁄2 the rate de- scribed in subparagraph (A), if the individual had fewer than 10 years of service as a special trial judge before retirement.

‘‘(3) BEGINNING DATE AND PAYMENT.—Retired pay under this subsection shall begin to accrue on the day following the date on which the individual’s salary as a special trial judge ceases to accrue, and shall continue to accrue during the remainder of such individual’s life.
Retired pay under this sub- section shall be paid in the same manner as the sal- ary of a special trial judge.

‘‘(4) PARTIAL YEARS.—In computing the rate of the retired pay for an individual to whom para- graph (1) applies, any portion of the aggregate num- ber 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2402 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 in- dividual who fails to be reappointed as a special trial judge, such election may be made within 60 days after such individual leaves office as a special trial judge), ‘‘(2) once made, shall be irrevocable, and ‘‘(3) shall be made by filing notice thereof in writing with the chief judge.
The chief judge shall transmit to the Office of Personnel Management a copy of each notice filed with the chief judge under this subsection.

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

(b) CONFORMING AMENDMENTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2403 (1) Section 3121(b)(5)(E) is amended by in- serting ‘‘or special trial judge’’ before ‘‘of the United States Tax Court’’.
(2) Section 7448(b)(2) is amended to read as follows: ‘‘(2) SPECIAL TRIAL JUDGES.—Any special trial judge may by written election filed with the chief judge elect the application of this section.

Such elec- tion 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 insert- ing ‘‘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 fol- lowing new item: ‘‘Sec.

7447A.

Retirement for special trial judges.’’.


19 (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 en- actment.
Special trial judges retiring on or after the date of the enactment of this Act, and before the date that is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2404 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 JO- SEPH DOLE MEMORIAL VET- ERANS AND IMPROVE- HEALTH CARE MENT ACT OF 2022 BENEFITS SEC.

1.
1.

SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Joseph Maxwell Cleland and Robert Joseph Dole Memo- rial Veterans Benefits and Health Care Improvement Act 14 of 2022’’.

15 (b) TABLE OF CONTENTS.—The table of contents for 16 this division is as follows: DIVISION U—JOSEPH MAXWELL CLELAND AND ROBERT JOSEPH DOLE MEMORIAL VETERANS BENEFITS AND HEALTH CARE IM- PROVEMENT ACT OF 2022 Sec.

1.

Short title; table of contents.


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

101.

Expansion of eligibility for hospital care, medical services, and nurs- ing home care from the Department of Veterans Affairs to in- clude veterans of World War II.

Sec.

102.

Department of Veterans Affairs treatment and research of prostate cancer.

Subtitle B—Health Care Employees December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2405 Sec.

111.
2405 Sec.

111.

Third party review of appointees in Veterans Health Administration who had a license terminated for cause and notice to individ- uals 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 clin- ical abilities of health care professionals of Department of Vet- erans Affairs.
Subtitle C—Care From Non-Department of Veterans Affairs Providers CHAPTER 1—WAIT TIMES FOR CARE Sec.

121.

Calculation of wait time for purposes of eligibility under Veterans Community Care Program.

Sec.

122.

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

CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE Sec.

125.

Modifications to access standards for care furnished through Commu- nity Care Program of Department of Veterans Affairs.

Sec.

126.
Sec.

126.

Strategic plan to ensure continuity of care in the case of the realign- ment 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-sched- uling 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-Depart- ment of Veterans Affairs health care services.

Sec.

142.

Claims for payment from Department of Veterans Affairs for emer- gency treatment furnished to veterans.

Sec.

143.

Publication of clarifying information for non-Department of Veterans Affairs providers.

Sec.

144.

Inapplicability of certain providers to provide non-Department of 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2406 Sec.

164.

Support for aging veterans at risk of or experiencing homelessness.

Sec.

165.

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

Subtitle F—Foreign Medical Program Sec.

171.


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

Sec.

172.

Comptroller General report on Foreign Medical Program of Depart- ment of Veterans Affairs.

Subtitle G—Research Matters Sec.

181.

Inapplicability of Paperwork Reduction Act.

Sec.

182.

Research and Development.

Sec.

183.


Expansion of hiring authorities for certain classes of research occupa- tions.

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 Af- fairs providing evidence-based treatments for the diagnosis of treatment-resistant 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 de- livery systems and management processes of the Department of Veterans Affairs.

Sec.

195.
Sec.

195.

Improved transparency of, access to, and usability of data provided by Department of Veterans Affairs.

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

201.

Improvements to process of the Department of Veterans Affairs for clothing allowance claims.

Sec.

202.

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

Sec.

203.

Enhanced loan underwriting methods.

Sec.

204.

Department of Veterans Affairs loan fees.


Subtitle B—Education Sec.

211.

Native VetSuccess at Tribal Colleges and Universities Pilot Program.

Sec.

212.

Education for separating members of the Armed Forces regarding registered apprenticeships.

Sec.

213.

Websites regarding apprenticeship programs.

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2407 Sec.

214.

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

215.

Use of entitlement under Department of Veterans Affairs Survivors’ and Dependents’ Educational Assistance Program for sec- ondary school education.

Sec.

216.

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

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

231.

Short title.

Sec.

232.


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

Sec.

233.

Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities.

Sec.

234.
Sec.

234.

Period for eligibility under Survivors’ And Dependents’ Educational Assistance Program of Department of Veterans Affairs.

Subtitle D—Rural Veterans Travel Enhancement Sec.

241.

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

Sec.

242.

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

243.

Department of Veterans Affairs transportation pilot program for low income veterans.

Sec.

244.

Pilot program for travel cost reimbursement for accessing readjust- ment counseling services.

Subtitle E—VA Beneficiary Debt Collection Improvement Act Sec.

251.

Short title.

Sec.

252.

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

Sec.

253.
Sec.

253.

Prohibition on Department of Veterans Affairs interest and adminis- trative cost charges for debts relating to certain benefits pro- grams.

Sec.

254.

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

Sec.

255.

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

TITLE III—HOMELESSNESS MATTERS Sec.

301.


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

Sec.

302.

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

Sec.

303.

Modifications to homeless veterans reintegration programs.

Sec.

304.

Expansion and extension of Department of Veterans Affairs housing assistance for homeless veterans.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2408 Sec.

305.

Training and technical assistance provided by Secretary of Veterans Affairs to certain entities.

Sec.

306.

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

Sec.

307.
Sec.

307.

Department of Veterans Affairs sharing of information relating to co- ordinated entry processes for housing and services operated under Department of Housing and Urban Development Con- tinuum of Care Program.

Sec.

308.

Department of Veterans Affairs communication with employees re- sponsible 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 Depart- ment 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 De- partment of Veterans Affairs.

Sec.

406.

Plan for reduction of backlog of Freedom of Information Act re- quests.

Sec.

407.

Medal of Honor special pension technical correction.

Sec.

408.
Sec.

408.

Imposition of cap on employees of the Department of Veterans Af- fairs who provide equal employment opportunity counseling.

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2409 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 VET- ERANS 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 Mexi- can border period or of World War I;’’ and inserting ‘‘of— ‘‘(i) the Mexican border period; ‘‘(ii) World War I; or ‘‘(iii) World War II;’’.

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

SEC.

102.

DEPARTMENT OF VETERANS AFFAIRS TREAT- MENT AND RESEARCH OF PROSTATE CAN- CER.
(a) FINDINGS.—Congress makes the following find- ings: 22 23 24 25 (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 es- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2410 tablished a link between prostate cancer and expo- sure to herbicides, such as Agent Orange.
(3) It is essential to acknowledge that due to these circumstances, certain veterans are made aware that they are high-risk individuals when it comes to the potential to develop prostate cancer.

(4) In being designated as ‘‘high risk’’, it is es- sential 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 de- tection 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 on- cology, including biomarker-driven clinical trials and innovations underway through the Prostate Cancer Foundation and Department of Veterans Affairs partnership, represents one of the most promising areas of interventions, treatments, and cures for such veterans and their families.
(b) ESTABLISHMENT OF CLINICAL PATHWAY.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2411 (1) IN GENERAL.—Not later than 365 days after the date of the enactment of this Act, the Sec- retary of Veterans Affairs shall establish an inter- disciplinary clinical pathway for all stages of pros- tate cancer, from early detection to end of life care.
The clinical pathway shall be established in the Na- tional Surgery Office of the Department of Veterans Affairs in close collaboration with the National Pro- gram Office of Oncology, the Office of Research and Development, and other relevant entities of the De- partment, including Primary Care.
(2) ELEMENTS.—The national clinical pathway established under this subsection shall include the following elements: (A) A diagnosis pathway for prostate can- cer 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 Depart- ment that will interact with veterans receiving prostate cancer care, including treatment pro- tocol recommendations for veterans with evi- dence-based risk factors.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2412 (C) Treatment recommendations for all stages of prostate cancer that reflect nationally recognized standards for oncology, including National Comprehensive Cancer Network guide- lines.

(D) A suggested protocol timeframe for each point of care, from early screening to treatment and end-of-life care, based on sever- ity and stage of cancer.
(E) A plan that includes, as appropriate, both Department medical facilities and commu- nity-based partners and providers and research centers specializing in prostate cancer, espe- cially 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 coordi- nate 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2413 (E) the Centers for Medicare and Medicaid Services; (F) the Patient-Centered Outcomes Re- search Institute; (G) the Food and Drug Administration; (H) the Department of Defense; and (I) other Institutes and Centers as the Secretary determines necessary.
(4) CONSULTATION REQUIREMENT.—In estab- lishing the clinical pathway required under this sec- tion, the Secretary shall consult with, and incor- porate 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 estab- lished under this subsection on a publicly avail- able 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).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2414 (c) DEVELOPMENT OF COMPREHENSIVE PROSTATE CANCER PROGRAM AND IMPLEMENTATION OF THE PROS- TATE CANCER CLINICAL PATHWAY.— (1) ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary shall submit to Congress a plan to establish a prostate cancer program using the comprehensive prostate cancer clinical pathway developed under subsection (b).
(2) PROGRAM REQUIREMENTS.—The com- prehensive prostate cancer program shall— (A) receive direct oversight from the Dep- uty Undersecretary for Health of the Depart- ment of Veterans Affairs; (B) include a yearly program implementa- tion evaluation to facilitate replication for other disease states or in other healthcare institu- tions; (C) be metric driven and include the devel- opment of biannual reports on the quality of prostate cancer care, which shall be provided to the leadership of the Department, medical cen- ters, and providers and made publicly available in an electronic form; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2415 (D) include an education plan for patients and providers.

(3) PROGRAM IMPLEMENTATION EVALUA- TION.—The Secretary shall establish a program evaluation tool to learn best practices and to inform the Department and Congress regarding further use of the disease specific model of care delivery.
(4) PROSTATE CANCER RESEARCH.—The Sec- retary shall submit to Congress a plan that provides for continual funding through the Office of Research and Development of the Department of Veterans for supporting prostate cancer research designed to po- sition 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 Preci- sion Oncology Program of the Department and the PCF–VA Precision Oncology Centers of Ex- cellence as related to the requirements of this Act; and (B) affirm that no funding included in such funding plan is duplicative in nature.
(d) REPORT ON NATIONAL REGISTRY.—The Sec- retary of Veterans Affairs shall submit to Congress a re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2416 port on the barriers and challenges associated with cre- ating a national prostate cancer registry.
Such report shall include recommendations for centralizing data about vet- erans 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 de- signed around research and evidence-backed prac- tices 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 his- tory, and such other factors as the Secretary deter- mines appropriate.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2417 Subtitle B—Health Care Employees SEC.

111.


THIRD PARTY REVIEW OF APPOINTEES IN VET- ERANS HEALTH ADMINISTRATION WHO HAD A LICENSE TERMINATED FOR CAUSE AND NO- TICE TO INDIVIDUALS TREATED BY THOSE APPOINTEES IF DETERMINED THAT AN EPI- SODE OF CARE OR SERVICES THAT THEY RE- CEIVED 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 Sec- retary of Veterans Affairs shall enter into a contract or other agreement with an organization that is not part of the Federal Government to conduct a clinical review for quality management of hospital care or medical services furnished by covered providers.
(2) QUALIFICATIONS.—The Secretary shall en- sure 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 pro- vider.

(b) NOTICE TO PATIENTS TREATED BY COVERED PROVIDERS.—With respect to hospital care or medical services furnished by a covered provider under the laws December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2418 administered by the Secretary, if a clinical review for qual- ity management under subsection (a) determines that the standard of care was not met during an episode of care, the Secretary shall notify the individual who received such care or services from the covered provider as described in applicable policy of the Veterans Heath Administration.
(c) DEFINITIONS.—In this section: (1) COVERED PROVIDER.—The term ‘‘covered provider’’ means an individual who— (A) was appointed to the Veterans Health Administration under section 7401 of title 38, United States Code; and (B) before such appointment, had a license terminated for cause by a State licensing board for hospital care or medical services provided in a facility that is not a facility of the Veterans Health Administration.
(2) HOSPITAL CARE OR MEDICAL SERVICES.— The terms ‘‘hospital care’’ and ‘‘medical services’’ have the meanings given those terms in section 1701 of title 38, United States Code.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

112.

COMPLIANCE WITH REQUIREMENTS FOR EXAM- 2419 INING QUALIFICATIONS AND CLINICAL ABILI- TIES 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 qualifications and clinical abilities of health care professionals ‘‘(a) COMPLIANCE WITH CREDENTIALING REQUIRE- MENTS.—The Secretary shall ensure that each medical center of the Department, in a consistent manner— ‘‘(1) compiles, verifies, and reviews documenta- tion for each health care professional of the Depart- ment at such medical center regarding, at a min- imum— ‘‘(A) the professional licensure, certifi- cation, or registration of the health care profes- sional; ‘‘(B) whether the health care professional holds a Drug Enforcement Administration reg- istration; and ‘‘(C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2420 ‘‘(2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet gen- erally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
‘‘(b) REGISTRATION REGARDING CONTROLLED SUB- STANCES.—(1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care pro- fessional holds an active Drug Enforcement Administra- tion registration.

14 ‘‘(2) The Secretary shall— ‘‘(A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 302(d) of the Controlled Sub- stances Act (21 U.S.C.
822(d)) with respect to cov- ered 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 registra- tions of covered health care professionals at such medical December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2421 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 registra- tion, the Secretary shall carry out any of the following ac- tions, as the Secretary determines appropriate: ‘‘(A) Obtain a waiver pursuant to paragraph (2).
‘‘(B) Transfer the health care professional to a position that does not require prescribing, dis- pensing, administering, or conducting research with controlled substances.

‘‘(C) Take appropriate actions under sub- chapter V of this chapter, with respect to an em- ployee of the Department, or take appropriate con- tract administration actions, with respect to a con- tractor 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— 23 24 25 ‘‘(A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care profes- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2422 sional of the Department located at the medical cen- ter, 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 po- tential concerns relating to a failure of a health care professional of the Department to meet generally ac- cepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients.
‘‘(2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— ‘‘(A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and ‘‘(B) ensuring the compliance of each medical center with such policy.
‘‘(d) COMPLIANCE WITH REQUIREMENTS FOR RE- PORTING 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 profes- sional of the Department (including a former health care professional of the Department), the Secretary shall en- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2423 sure that the appropriate medical center of the Depart- ment timely notifies the following entities of such concern, as appropriate: ‘‘(1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified.

‘‘(2) The Drug Enforcement Administration.

‘‘(3) The National Practitioner Data Bank es- tablished pursuant to the Health Care Quality Im- provement Act of 1986 (42 U.S.C.

11101 et seq.).
11101 et seq.).

‘‘(4) Any other relevant entity.
‘‘(e) PROHIBITION ON CERTAIN SETTLEMENT AGREEMENT TERMS.—(1) The Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients.
22 23 24 ‘‘(2) Nothing in paragraph (1) limits— ‘‘(A) the right of an employee to appeal a qual- ity of care determination; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2424 ‘‘(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 fol- lowing duties to employees of the Department who are re- sponsible for performing such duties: ‘‘(1) Compiling, validating, or reviewing the cre- dentials of health care professionals of the Depart- ment.

‘‘(2) Reviewing the quality of clinical care deliv- ered by health care professionals of the Department.
‘‘(3) Taking adverse privileging actions or mak- ing determinations relating to other disciplinary ac- tions or employment actions against health care pro- fessionals of the Department for reasons relating to the failure of a health care professional to meet gen- erally 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 Con- trolled Substances Act (21 U.S.C.

802).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2425 ‘‘(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 indi- vidual to be authorized to prescribe, dispense, ad- minister, or conduct research with, controlled sub- stances.

‘‘(3) The term ‘Drug Enforcement Administra- tion registration’ means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act (21 U.S.C.
823) 302 of the Controlled Substances Act (21 U.S.C.

822) by health care practitioners authorized to dispense, pre- scribe, administer, or conduct research with, con- trolled substances.

‘‘(4) The term ‘health care professional of the Department’ means an individual working for the Department in a position described in section 7401 of this title, including a contractor of the Depart- ment serving in such a position.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: ‘‘7414.

Compliance with requirements for examining qualifications and clinical abilities of health care professionals.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2426 (c) DEADLINE FOR IMPLEMENTATION.—The Sec- retary of Veterans Affairs shall commence the implemen- tation 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 Vet- erans Affairs shall carry out annual audits of the compliance of medical centers of the De- partment 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 Sec- retary— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2427 (i) may not authorize the medical cen- ter being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Fed- eral Government or a nongovernmental en- tity 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 Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1).
(B) ELEMENTS.—Each report submitted under subparagraph (A) shall include a sum- mary 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 sub- paragraph (A) the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2428 (i) A description of the progress made by the Secretary in implementing section 7414 of title 38, United States Code, as added by subsection (a), including any matters under such section that the Sec- retary has not fully implemented.

(ii) An analysis of the feasibility, ad- visability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification.
(e) REPORT ON UPDATES TO POLICY OF THE DE- PARTMENT OF VETERANS AFFAIRS FOR REPORTING PA- TIENT 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 Com- mittee on Veterans’ Affairs of the House of Rep- resentatives a report on the efforts of the Depart- ment of Veterans Affairs to update policies and practices for employees of medical centers of the De- partment, Veterans Integrated Service Networks, and the Veterans Health Administration to report to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2429 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 behav- ior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of pa- tients.
(2) CONSULTATION.—The report required by paragraph (1) shall include a description of the ef- forts 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 employ- ees of the Department appointed under section 7401(1) of title 38, United States Code.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2430 Subtitle C—Care From Non-Depart- ment of Veterans Affairs Pro- viders CHAPTER 1—WAIT TIMES FOR CARE SEC.

121.

CALCULATION OF WAIT TIME FOR PURPOSES OF ELIGIBILITY UNDER VETERANS COMMUNITY CARE PROGRAM.
Section 1703(d) of title 38, United States Code, is amended by adding at the end the following new para- 10 graph: ‘‘(4) In determining under paragraph (1)(D) whether the Department is able to furnish care or services in a manner that complies with designated access standards developed by the Secretary under section 1703B of this title, for purposes of calculating a wait time for a veteran to schedule an appointment at a medical facility of the Department, the Secretary shall measure from the date of request for the appointment, unless a later date has been agreed to by the veteran in consultation with a health care provider of the Department, to the first next available appointment date relevant to the requested medical serv- 22 ice.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2431 SEC.

122.

PLAN REGARDING INFORMING VETERANS OF EX- PECTED 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, in- cluding veterans making their own appointments using ad- vanced technology, are informed of the expected number 10 of days between the date on which the veteran requested 11 care until— (1) the date on which the veteran will be able to receive care through a non-Department of Vet- erans Affairs provider under such section; (2) the date on which the veteran will be able to receive care through a provider of the Depart- ment; (3) the date on which— (A) the Department will schedule an ap- pointment for care through a non-Department provider under such section; or (B) for veterans making their own appoint- ments using advanced technology, the veteran would be able to schedule an appointment for care through a provider of the Department or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2432 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 imple- ment the plan required under subsection (a) not later than three years after the date of the enactment of this Act.
(c) MATTERS TO BE INCLUDED.—The Secretary shall include in the plan required under subsection (a) a list of the information technology systems, contracting mechanisms, staff, legislative authorities, pilot programs, and other components that the Secretary determines nec- essary to implement the plan within the three-year imple- mentation 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’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs 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).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2433 CHAPTER 2—IMPROVEMENT OF PROVISION OF CARE SEC.

125.

MODIFICATIONS TO ACCESS STANDARDS FOR CARE FURNISHED THROUGH COMMUNITY CARE PROGRAM OF DEPARTMENT OF VET- ERANS AFFAIRS.
(a) ACCESS STANDARDS.—Section 1703B of title 38, United States Code, is amended— (1) by striking subsections (f) and (g) and in- serting 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 ex- tended care services to a covered veteran under section 1703 of this title and shall ensure that meeting such ac- cess standards is reflected in the contractual requirements of Third Party Administrators.
‘‘(2) The Secretary shall ensure that health care pro- viders specified under section 1703(c) of this title are able to comply with the access standards established under subsection (a) for such providers.
‘‘(3)(A) A Third Party Administrator may request a waiver to the requirement under this subsection to meet the access standards established under subsection (a) if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2434 ‘‘(i)(I) the scarcity of available providers or fa- cilities in the region precludes the Third Party Ad- ministrator 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 pro- viders or the change in the provider or facility land- scape, as the case may be, the Third Party Adminis- trator has contracted with other providers or facili- ties that may not meet those access standards but are the currently available providers or facilities most accessible to veterans within the region of re- sponsibility of the Third Party Administrator.
‘‘(B) Any waiver requested by a Third Party Admin- istrator 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 subpara- graph (A), a Third Party Administrator must include con- clusive evidence and documentation that the access stand- ards established under subsection (a) cannot be met be- cause of scarcity of available providers or changes to the landscape of providers or facilities.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2435 ‘‘(D) In evaluating a waiver request under subpara- graph (A), the Secretary shall consider the following: ‘‘(i) The number and geographic distribution of eligible health care providers available within the ge- ographic area and specialty referenced in the waiver request.
‘‘(ii) The prevailing market conditions within the geographic area and specialty referenced in the waiver request, which shall include the number and distribution of health care providers contracting with other health care plans (including commercial plans and the Medicare program under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.))

oper- ating 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 combina- tion of such areas.

‘‘(iv) How significantly the waiver request dif- fers from the access standards established under subsection (a).

‘‘(v) The rates offered to providers in the geo- graphic area covered by the waiver.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2436 ‘‘(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 estab- lished under this section for purposes of section 1703(d)(1)(D) of this title.
‘‘(2) The Secretary shall publish on a publicly avail- able internet website of the Department the access stand- ards established under subsection (a).’’; and (2) in subsection (i), by adding at the end the following new paragraphs: ‘‘(3) The term ‘inability to contract’, with re- spect to a Third Party Administrator, means the in- ability of the Third Party Administrator to success- fully negotiate and establish a community care net- work contract with a provider or facility.
‘‘(4) The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Pro- gram under section 1703 of this title.’’.

(b) PREVENTION OF SUSPENSION OF VETERANS COMMUNITY CARE PROGRAM.—Section 1703(a) of such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2437 title is amended by adding at the end the following new paragraph: ‘‘(4) Nothing in this section shall be construed to au- thorize 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 Con- gress that the Veterans Health Administration should en- sure 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 Vet- eran Care, the Chief Strategy Office, the Office of Asset Enterprise Management, or any successor of- fice that has similar and related functions, shall de- velop and periodically update a strategic plan to en- sure continuity of health care through care furnished at a facility of the Department or through the Com- munity Care Program for veterans impacted by the realignment of a medical facility of the Department.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2438 (2) ELEMENTS.—The strategic plan required under paragraph (1) shall include, at a minimum, the following: (A) An assessment of the progress of the Department in identifying impending realign- ments 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 es- tablishing operated sites of care and related ac- tivities to address the impact of such a realign- ment.

(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 Depart- ment.
(D) A description of how the Department can identify to Third Party Administrators changes in the catchment areas of medical fa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2439 cilities to be realigned and develop a process with Third Party Administrators to strengthen provider coverage in advance of such realign- ments.
(3) SUBMITTAL TO CONGRESS.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Health of the Department shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Af- fairs 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 Vet- erans Affairs, includes— (A) any action that changes the number of facilities or relocates services, functions, or per- sonnel positions; and (B) strategic collaborations between the Department and non-Federal Government enti- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2440 ties, including tribal organizations and Urban Indian Organizations.

(3) THIRD PARTY ADMINISTRATOR.—The term ‘‘Third Party Administrator’’ means an entity that manages a provider network and performs adminis- trative services related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code.
(4) TRIBAL ORGANIZATION.—The term ‘‘tribal organization’’ has the meaning given that term in section 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C.

5304).

(5) URBAN INDIAN ORGANIZATION.—The term ‘‘Urban Indian Organization’’ has the meaning given that term in section 4 of the Indian Health Care Im- provement 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 COMMIT- TEES.—The term ‘‘appropriate congressional com- mittees’’ means— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2441 (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
(2) COVERED VETERAN.—The term ‘‘covered veteran’’ means a covered veteran under section 1703(b) of title 38, United States Code.

(3) PILOT PROGRAM.—The term ‘‘pilot pro- gram’’ means the pilot program required under sec- tion 132(a).

(4) VETERANS COMMUNITY CARE PROGRAM.— The term ‘‘Veterans Community Care Program’’ means the program to furnish hospital care, medical services, and extended care services to covered vet- erans under section 1703 of title 38, United States Code.

SEC.

132.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2442 services, or extended care services under subsection (d)(1) of section 1703 of title 38, United States Code, may use a technology that has the capabilities specified in section 133(a) to schedule and confirm medical appointments with health care providers participating in the Veterans Com- munity Care Program.
(b) EXPANSION OR DEVELOPMENT OF NEW TECH- NOLOGY.—In carrying out the pilot program, the Sec- retary may expand capabilities of an existing appointment self-scheduling technology of the Department of Veterans Affairs or purchase a new appointment self-scheduling 12 technology.
(c) COMPETITION.—In contracting for the expansion of capabilities of an existing appointment self-scheduling technology of the Department or the purchase of a new appointment self-scheduling technology under the pilot program, the Secretary shall comply with section 3301 of title 41, United States Code, and award any such contract not later than 270 days after the date of the enactment 20 of this Act.
21 22 23 (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 24 pilot program.

25 (e) DURATION OF PILOT PROGRAM.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2443 (1) IN GENERAL.—Except as provided in para- graph (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 Net- works under subsection (d) if the Secretary deter- mines that the pilot program is reducing the wait times of veterans seeking hospital care, medical serv- ices, or extended care services under the Veterans Community Care Program.
(f) OUTREACH.—The Secretary shall ensure that vet- erans participating in the Veterans Community Care Pro- gram in Veterans Integrated Services Networks in which the pilot program is being carried out are informed about the pilot program.

17 18 19 20 SEC.

133.

APPOINTMENT SELF-SCHEDULING CAPABILITIES.


(a) IN GENERAL.—The Secretary of Veterans Affairs shall ensure that the appointment self-scheduling tech- nology used in the pilot program includes the following 21 capabilities: 22 23 24 25 (1) Capability to self-schedule, modify, and can- cel appointments directly online for primary care, specialty care, and mental health care under the Veterans Community Care Program with regard to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2444 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 Commu- nity Care Program regardless of whether such care is provided in person or through telehealth services.

(3) Not fewer than two of the following capa- bilities: (A) Capability to view appointment avail- ability in real time to the extent practicable.
(B) Capability to load relevant patient in- formation from the Decision Support Tool of the Department or any other information tech- nology system of the Department used to deter- mine the eligibility of veterans for health care under section 1703(d)(1) of title 38, United States Code.

(C) Capability to search for providers and facilities participating in the Veterans Commu- nity Care Program based on distance from the residential address of a veteran.
(D) Capability to filter provider results by clinical expertise, ratings, reviews, sex, lan- guages spoken, and other criteria as determined by the Secretary.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2445 (E) Capability to provide telephonic and electronic contact information for all such pro- viders that do not offer online scheduling at the time.

(F) Capability to store and print author- ization letters for veterans for health care under the Veterans Community Care Program.

(G) Capability to provide prompts or re- minders to veterans to schedule initial appoint- ments or follow-up appointments.
(H) Capability to be used 24 hours per day, seven days per week.

(I) Capability to ensure veterans who self- schedule appointments through the appointment self-scheduling technology have scheduled such appointment with a provider possessing the re- quired specialty and clinical expertise.
(J) Capability to integrate with the Vet- erans Health Information Systems and Tech- nology Architecture of the Department and the health record deployed by the Electronic Health Record Modernization program, or any suc- cessor information technology system or health record of the Department.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2446 (K) Capability to integrate with informa- tion technology systems of Third Party Admin- istrators.
(b) INDEPENDENT VALIDATION AND VERIFICATION.— (1) IN GENERAL.—The Comptroller General of the United States shall evaluate whether the ap- pointment self-scheduling technology used in the pilot program includes the capabilities required under subsection (a) and successfully performs such capabilities.
(2) BRIEFING.—Not later than 30 days after the date on which the Comptroller General completes the evaluation under paragraph (1), the Comptroller General shall brief the appropriate congressional committees on such evaluation.
(c) CERTIFICATION.—Not later than 18 months after commencement of the pilot program, the Secretary shall certify to the Committee on Veterans’ Affairs of the Sen- ate and the Committee on Veterans’ Affairs of the House of Representatives whether the appointment self-sched- uling 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2447 date of the certification includes the capabilities required under subsection (a).

(d) THIRD PARTY ADMINISTRATOR DEFINED.—In this section, the term ‘‘Third Party Administrator’’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Program under section 1703 of title 38, United States Code.

SEC.

134.

REPORT.
Not later than 180 days after the date of the enact- ment of this Act, and every 180 days thereafter, the Sec- retary 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 appoint- ment self-scheduling technology under the pilot program; (C) the quality of the pilot program; (D) patient satisfaction with the pilot pro- gram; (E) benefits to veterans of using the pilot program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2448 (F) the feasibility of allowing self-sched- uling for different specialties under the pilot program; (G) participation in the pilot program by health care providers under the Veterans Com- munity Care Program; and (H) such other findings and conclusions with respect to the pilot program as the Sec- retary considers appropriate; and (2) such recommendations as the Secretary con- siders appropriate regarding— (A) extension of the pilot program to other or all Veterans Integrated Service Networks of the Department of Veterans Affairs; and (B) making the pilot program permanent.
CHAPTER 4—ADMINISTRATION OF NON- DEPARTMENT CARE SEC.

141.

CREDENTIALING VERIFICATION REQUIREMENTS FOR PROVIDERS OF NON-DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE SERV- ICES.

(a) CREDENTIALING VERIFICATION REQUIRE- MENTS.— 24 25 (1) IN GENERAL.—Subchapter I of chapter 17 of title 38, United States Code, is amended by in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2449 serting after section 1703E the following new sec- tion: ‘‘§ 1703F.

Credentialing verification requirements for providers of non-Department health care services ‘‘(a) IN GENERAL.—The Secretary shall ensure that Third Party Administrators and credentials verification organizations comply with the requirements specified in subsection (b) to help ensure certain health care providers are excluded from providing non-Department health care 11 services.
‘‘(b) REQUIREMENTS SPECIFIED.—The Secretary shall require Third Party Administrators and credentials verification organizations to carry out the following: ‘‘(1) Hold and maintain an active credential verification accreditation from a national health care accreditation body.
‘‘(2) Conduct initial verification of provider his- tory and license sanctions for all States and United States territories for a period of time— ‘‘(A) that includes the period before the provider began providing non-Department health care services; and ‘‘(B) dating back not less than 10 years.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2450 ‘‘(3) Not less frequently than every three years, perform recredentialing, including verifying provider history and license sanctions for all States and United States territories.

‘‘(4) Implement continuous monitoring of each provider through the National Practitioner Data Bank established pursuant to the Health Care Qual- ity 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 organiza- tion’ means an entity that manages the provider credentialing process and performs credentialing verification for non-Department providers that par- ticipate in the Veterans Community Care Program under section 1703 of this title through a Veterans Care Agreement.
‘‘(2) The term ‘Third Party Administrator’ means an entity that manages a provider network and performs administrative services related to such network within the Veterans Community Care Pro- gram under section 1703 of this title.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2451 ‘‘(3) The term ‘Veterans Care Agreement’ means an agreement for non-Department health care services entered into under section 1703A of this title.
‘‘(4) The term ‘non-Department health care services’ means services— ‘‘(A) provided under this subchapter at non-Department facilities (as defined in section 1701 of this title); ‘‘(B) provided under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 38 U.S.C.
1701 note); ‘‘(C) purchased through the Medical Com- munity 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 sec- tions at the beginning of such subchapter is amend- ed by inserting after the item relating to section 1703E the following new item: ‘‘1703F.
Credentialing verification requirements for providers of non-Depart- ment health care services.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2452 (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 im- plementation of section 1703F of title 38, United States Code, as added by subsection (a)(1).

SEC.

142.
SEC.

142.

CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR EMERGENCY TREAT- MENT FURNISHED TO VETERANS.
(a) TREATMENT FOR NON-SERVICE-CONNECTED 10 DISABILITIES.— (1) IN GENERAL.—Section 1725 of title 38, United States Code, is amended— (A) by redesignating subsection (f) as sub- section (h); and (B) by inserting after subsection (e) the following new subsections (f) and (g): ‘‘(f) SUBMITTAL OF CLAIMS FOR DIRECT PAY- MENT.—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 emer- gency treatment described in such subsection if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2453 ‘‘(1) a claim for direct payment was submitted by an individual or entity under subsection (f); and ‘‘(2) such claim was submitted after the dead- line established by such subsection due to— ‘‘(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency, under the wrong reimbursement authority (such as section 1728 of this title), or submission of the claim after the deadline; or ‘‘(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.’’.
(b) TREATMENT FOR AND IN CONNECTION WITH SERVICE-CONNECTED DISABILITIES.—Section 1728 of such title is amended— (1) by redesignating subsection (c) as sub- section (d); and (2) by inserting after subsection (b) the fol- lowing new subsection (c): ‘‘(c) No veteran described in subsection (a) may be held liable for payment for emergency treatment described 23 in such subsection if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2454 ‘‘(1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and ‘‘(2) such claim was submitted after a deadline established by the Secretary for purposes of this sec- tion due to— ‘‘(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submis- sion of the claim after the deadline; or ‘‘(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.’’.
(c) CONFORMING AMENDMENTS.—Such title is amended— (1) in section 1705A(d), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’; (2) in section 1725(b)(3)(B), by striking ‘‘sub- section (f)(2)(B) or (f)(2)(C)’’ and inserting ‘‘sub- section (h)(2)(B) or (h)(2)(C)’’; (3) in section 1728(d), as redesignated by sub- section (b)(4), by striking ‘‘section 1725(f)(1)’’ and inserting ‘‘section 1725(h)(1)’’; (4) in section 1781(a)(4), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2455 (5) in section 1787(b)(3), by striking ‘‘section 1725(f)’’ and inserting ‘‘section 1725(h)’’.

SEC.

143.

PUBLICATION OF CLARIFYING INFORMATION FOR NON-DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall publish on one or more publicly available internet websites of the Department of Veterans Affairs, including the main internet website regarding emergency care au- 10 thorization for non-Department providers, the following 11 information: (1) A summary table or similar resource that provides a list of all authorities of the Department to authorize emergency care from non-Department providers and, for each such authority, the cor- responding 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 fol- low to assure compliance with the claims-filing proc- ess of the Department.

(3) Contact information for the appropriate of- fice or service line of the Department to address process questions from non-Department providers.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2456 (b) PERIODIC REVIEW.—Not less frequently than once every 180 days, the Secretary shall review the infor- mation 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.
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 fol- lowing new subsection (d): ‘‘(d) APPLICATION.—The requirement to deny or re- voke the eligibility of a health care provider to provide non-Department health care services to veterans under subsection (a) shall apply to any removal under paragraph (1) of such subsection or violation under paragraph (2) of such subsection that occurred on or after a date deter- mined by the Secretary that is not less than five years before the date of the enactment of this Act.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2457 Subtitle D—Improvement of Rural Health and Telehealth SEC.

151.

ESTABLISHMENT OF STRATEGIC PLAN REQUIRE- MENT FOR OFFICE OF CONNECTED CARE OF DEPARTMENT OF VETERANS AFFAIRS.
(a) FINDINGS.—Congress makes the following find- ings: (1) The COVID–19 pandemic caused the De- partment of Veterans Affairs to exponentially in- crease telehealth and virtual care modalities, includ- ing 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 part- nerships, 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 De- partment.
(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2458 in urban areas, experience higher degrees of finan- cial 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 house- holds do not have an internet connection.
(6) Under the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), Con- gress granted the Department additional authority to enter into short-term agreements or contracts with private sector telecommunications companies to provide certain broadband services for the purposes of providing expanded mental health services to iso- lated veterans through telehealth or VA Video Con- nect during a public health emergency.
(7) The authority described in paragraph (6) was not utilized to the fullest extent by the Depart- ment.

(8) Though the Department has made signifi- cant progress in expanding telehealth services of- fered to veterans who are enrolled in the patient en- rollment system, significant gaps still exist to ensure all veterans receive equal and high-quality access to virtual care.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2459 (9) Questions regarding the efficacy of using telehealth for certain health care services and spe- cialties remain, and should be further studied.

(10) The Department continues to expand tele- health 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 Con- gress that the telehealth services offered by the Depart- ment of Veterans Affairs should be routinely measured and evaluated to ensure the telehealth technologies and modalities delivered to veteran patients to treat a wide va- riety 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 Sec- retary 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 mo- dalities delivered by the Department to veterans who are enrolled in the patient enrollment system.
(2) UPDATE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2460 (A) IN GENERAL.—The Secretary shall up- date the strategic plan required under para- graph (1) not less frequently than once every three years following development of the plan.

(B) CONSULTATION.—The Secretary shall prepare any update required under subpara- graph (A) in consultation with the following: (i) The Chief Officer of the Office of Connected Care of the Department.
(ii) The Executive Director of Tele- health Services of the Office of Connected Care.

(iii) The Executive Director of Con- nected Health of the Office of Connected Care.

(iv) The Executive Director of the Of- fice of Rural Health of the Department.

(v) The Executive Director of Solution Delivery, IT Operations and Services of the Office of Information and Technology of the Department.
(3) ELEMENTS.—The strategic plan required under paragraph (1), and any update to that plan under paragraph (2), shall include, at a minimum, the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2461 (A) A comprehensive list of all health care specialties the Department is currently deliv- ering 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 vet- erans in receiving care through telehealth or virtual care disaggregated by age group and by Veterans Integrated Service Network.
(D) An assessment of the percentage of virtual visits delivered by the Department through each modality including standard tele- phone telehealth, VA Video Connect, and the Accessing Telehealth through Local Area Sta- tions program of the Department.

(E) An outline of all current partnerships maintained by the Department to bolster tele- health or virtual care services for veterans.
(F) An assessment of the barriers faced by the Department in delivering telehealth or vir- tual care services to veterans residing in rural and highly rural areas, and the strategies the Department is deploying beyond purchasing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2462 hardware for veterans who are enrolled in the patient enrollment system.
(G) A detailed plan illustrating how the Department is working with other Federal agencies, including the Department of Health and Human Services, the Department of Agri- culture, the Federal Communications Commis- sion, and the National Telecommunications and Information Administration, to enhance connectivity in rural, highly rural, and medi- cally underserved areas to better reach all vet- erans.
(H) The feasibility and advisability of partnering with Federally qualified health cen- ters, rural health clinics, and critical access hos- pitals to fill the gap for health care services that exists for veterans who reside in rural and highly rural areas.

(I) An evaluation of the number of vet- erans who are enrolled in the patient enrollment system who have previously received care under the Veterans Community Care Program under section 1703 of title 38, United States Code.
(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after the development of the strategic plan under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2463 paragraph (1) of subsection (c), and not later than 180 days after each update under paragraph (2) of such sub- section thereafter, the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representa- tives a report that includes the following: (1) The completed strategic plan or update, as the case may be.
(2) An identification of areas of improvement by the Department in the delivery of telehealth and virtual care services to veterans who are enrolled in the patient enrollment system, with a timeline for improvements to be implemented.

(e) DEFINITIONS.— (1) PATIENT ENROLLMENT SYSTEM.—The term ‘‘patient enrollment system’’ means the system of annual patient enrollment of the Department of Vet- erans 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2464 Veterans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private connection.

SEC.

152.

COMPTROLLER GENERAL REPORT ON TRANSPOR- TATION 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 Comp- troller 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 Rep- resentatives 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 sub- section (a) shall include the following: (1) A description of the program described in such subsection, including descriptions of the fol- lowing: (A) The purpose of the program.

(B) The activities carried out under the program.

(2) An assessment of the sufficiency of the pro- gram with respect to the purpose of the program.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2465 (3) An assessment of the cost effectiveness of the program in comparison to alternatives.

(4) An assessment of the health benefits for veterans who have participated in the program.

(5) An assessment of the sufficiency of staffing of employees of the Department of Veterans Affairs who are responsible for facilitating the maintenance of the program.

(6) An assessment, with respect to the purpose of the program, of the number of vehicles owned by and operating in conjunction with the program.
(7) An assessment of the awareness and usage of the program by veterans and their families.

(8) An assessment of other options for trans- portation under the program, such as local taxi com- panies and ridesharing programs such as Uber and Lyft.

SEC.

153.

COMPTROLLER GENERAL REPORT ON TELE- HEALTH SERVICES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Com- mittee on Veterans’ Affairs of the House of Representa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2466 tives a report on telehealth services provided by the De- partment 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 pro- grams of the Department of Veterans Affairs, in- cluding VA Video Connect.

(2) The challenges faced by the Department in delivering telehealth and virtual health care to vet- erans who reside in rural and highly rural areas due to lack of connectivity in many rural areas.
(3) Any mitigation strategies used by the De- partment to overcome connectivity barriers for vet- erans who reside in rural and highly rural areas.

(4) The partnerships entered into by the Office of Connected Care of the Department in an effort to bolster telehealth services.

(5) The extent to which the Department has ex- amined the effectiveness of health care services pro- vided 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2467 under the Veterans Community Care Program under section 1703 of title 38, United States Code.

(8) Such other areas as the Comptroller Gen- eral 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 sub- section (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 De- partment of Veterans Affairs and from non-Depart- ment providers in the community, include other Fed- eral Government, non-Federal Government, non- profit, for profit, and other entities; (2) identify the current and future needs of vet- erans for both institutional and non-institutional long-term care (for example, home-based and com- munity-based services), taking into account the needs of growing veteran population groups, includ- ing women veterans, veterans with traumatic brain December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2468 injury, veterans with memory loss, and other popu- lation groups with unique needs; and (3) address new and different care delivery models, including by— (A) assessing the implications of such mod- els for the design of facilities and how those fa- cilities may need to change; (B) examining the workforce needed to support aging populations of veterans as they grow and receive long-term care through dif- ferent trends of care delivery; and (C) considering the feasibility and advis- ability of implementing a veteran-focused inde- pendent 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 sub- section (a).

20 SEC.

162.

IMPROVEMENT OF STATE VETERANS HOMES.


(a) STANDARDIZED SHARING AGREEMENTS.—The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2469 (b) PROVISION OF MEDICATION TO CATASTROPH- ICALLY 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 de- fined in section 17.36(e) of title 38, Code of Federal Regulations, or successor regulations, and on whose behalf the Secretary is paying a per diem for nurs- ing home or domiciliary care in a State home under this chapter.’’.
(c) OVERSIGHT OF INSPECTIONS.— (1) MONITORING.—The Secretary shall monitor any contractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quarterly.

(2) REPORTING OF DEFICIENCIES.—The Sec- retary 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 pub- lish the results of any inspection of a State home, and any associated corrective actions planned by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2470 State home, on a publicly available internet website of the Department.
(d) STATE HOME DEFINED.—In this section, the term ‘‘State home’’ has the meaning given that term in section 101(19) of title 38, United States Code.

SEC.

163.

GERIATRIC PSYCHIATRY PILOT PROGRAM AT STATE VETERANS HOMES.

(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Vet- erans Affairs shall commence the conduct of a pilot pro- gram under which the Secretary shall provide geriatric psychiatry assistance to eligible veterans at State homes.
(b) DURATION.—The Secretary shall carry out the pilot program under this section for a two-year period.
(c) TYPE OF ASSISTANCE.—Assistance provided under the pilot program under this section may include— (1) direct provision of geriatric psychiatry serv- ices, including health care if feasible; (2) payments to non-Department of Veterans Affairs providers in the community to provide such services; (3) collaboration with other Federal agencies to provide such services; or (4) such other forms of assistance as the Sec- retary considers appropriate.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2471 (d) CONSIDERATION OF LOCAL AREA NEEDS.—In providing assistance under the pilot program under this section, the Secretary shall consider the geriatric psychi- atry needs of the local area, including by considering— (1) State homes with a high proportion of resi- dents with unmet mental health needs; (2) State homes located in mental health care health professional shortage areas designated under section 332 of the Public Health Service Act (42 U.S.C.
254e); or (3) State homes located in rural or highly rural areas.

(e) DEFINITIONS.—In this section, the terms ‘‘State home’’ and ‘‘veteran’’ have the meanings given those terms in section 101 of title 38, United States Code.

SEC.

164.

SUPPORT FOR AGING VETERANS AT RISK OF OR EXPERIENCING HOMELESSNESS.
(a) IN GENERAL.—The Secretary of Veterans Affairs shall work with public housing authorities and local orga- nizations to assist aging homeless veterans in accessing existing housing and supportive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-De- partment providers in the community.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2472 (b) PAYMENT FOR SERVICES.—The Secretary may, and is encouraged to, pay for services for aging homeless veterans described in subsection (a).

SEC.

165.

SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PAYMENT OF CARE FOR VETERANS IN NON-DEPARTMENT OF VET- ERANS 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 Sec- retary and the medical foster home for such purpose; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2473 ‘‘(B) the Secretary may pay for care of a vet- eran 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 Sec- retary and the medical foster home for such purpose.
‘‘(2) A veteran on whose behalf the Secretary pays for care in a medical foster home under paragraph (1) shall agree, as a condition of such payment, to accept home health services furnished by the Secretary under sec- 11 tion 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 enact- ment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Im- provement 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.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2474 (2) EFFECTIVE DATE.—Subsection (h) of sec- tion 1720 of title 38, United States Code, as added by paragraph (1), shall take effect 90 days after the date of the enactment of this Act.
(b) ONGOING MONITORING OF MEDICAL FOSTER HOME PROGRAM.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall create a system to monitor and assess the workload for the Department of Veterans Affairs in carrying out the authority under section 1720(h) of title 38, United States Code, as added by sub- section (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 sec- tion, disaggregated by those approved and those denied approval by the Department to partici- pate; (D) veterans receiving care at a medical foster home at the expense of the United States; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2475 (E) veterans receiving care at a medical foster home at their own expense.
(2) REPORT.—Based on the monitoring and as- sessments conducted under paragraph (1), the Sec- retary shall identify and submit to Congress a report on such modifications to implementing section 1720(h) of title 38, United States Code, as added by subsection (a)(1), as the Secretary considers nec- essary to ensure the authority under such section is functioning as intended and care is provided to vet- erans under such section as intended.
(3) MEDICAL FOSTER HOME DEFINED.—In this subsection, the term ‘‘medical foster home’’ has the meaning given that term in section 1720(h) of title 38, United States Code, as added by subsection (a)(1).
(c) COMPTROLLER GENERAL REPORT.—Not later than each of three years and six years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) assessing the implementation of this section and the amendments made by this section; (2) assessing the impact of the monitoring and modifications under subsection (b) on care provided December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2476 under section 1720(h) of title 38, United States Code, as added by subsection (a)(1); and (3) setting forth recommendations for improve- ments 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 PHIL- IPPINES.
(a) FINDINGS.—Congress makes the following find- ings: (1) Although section 161 of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat.

1438) expanded the program of comprehensive assistance for family caregivers of the Department of Veterans Affairs under section 1720G(a) of title 38, United States Code, to veterans of all eras, it did not ex- pand 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2477 subsection (b) section 1720G of such title, those caregivers are not currently eligible for the com- prehensive 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 Philippines by veterans who live in that country.
(4) Due to the presence of facilities of the De- partment 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 ad- visability of expanding caregiver support to care- givers of veterans overseas.
(b) ANALYSIS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Vet- erans Affairs shall complete an analysis of the feasibility and advisability of making assistance and support under section 1720G(a) of title 38, United States Code, available to caregivers of veterans in the Republic of the Phil- ippines.
24 25 (c) REPORT.—Not later than 180 days after the con- clusion of the analysis conducted under subsection (b), the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2478 Secretary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives a report that in- cludes the following: (1) The results of such analysis.
(2) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines.

(3) An assessment of the number of veterans residing in the Republic of the Philippines with a disability rating from the Department of not less than 70 percent.
(4) An assessment of the number of veterans who are enrolled in the patient enrollment system and reside in the Republic of the Philippines that have a caregiver to provide them personal care serv- ices described in section 1720G(a)(C) of title 38, United States Code.

(5) An assessment of the staffing needs and as- sociated costs of making assistance and support available to caregivers of veterans in the Republic of the Philippines.
(6) An assessment of the infrastructure needs and associated costs of making assistance and sup- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2479 port available to caregivers of veterans in the Repub- lic of the Philippines.

(7) An assessment of the local transportation challenges to making assistance and support avail- able 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 con- siders appropriate.

(d) DEFINITIONS.—In this section: (1) CAREGIVER.—The term ‘‘caregiver’’ has the meaning given that term in section 1720G(d) of title 38, United States Code.
(2) PATIENT ENROLLMENT SYSTEM.—The term ‘‘patient enrollment system’’ means the system of annual patient enrollment of the Department of Vet- erans 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2480 SEC.

172.
2480 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 Vet- erans’ Affairs of the House of Representatives a report on the Foreign Medical Program.
(b) ELEMENTS.—The report required by subsection (a) shall include, for the most recent five fiscal years for which data are available, an assessment of the following: (1) The number of veterans who live overseas and are eligible for the Foreign Medical Program.

(2) The number of veterans who live overseas, are registered for the Foreign Medical Program, and use such program.

(3) The number of veterans who live overseas, are registered for the Foreign Medical Program, and do not use such program.
(4) The number of veterans who are eligible for care furnished by the Department of Veterans Af- fairs, live in the United States, including territories of the United States, and make use of such care, in- cluding through the Veterans Community Care Pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2481 gram under section 1703 of title 38, United States Code.
(5) Any challenges faced by the Department in administering the Foreign Medical Program, includ- ing— (A) outreach to veterans on eligibility for such program and ensuring veterans who live overseas are aware of such program; (B) executing timely reimbursements of claims by veterans under such program; and (C) need for and use of translation serv- ices.
(6) Any trends relating to— (A) the timeliness of processing by the De- partment of claims under the Foreign Medical Program and reimbursement of veterans under such program; (B) types of care or treatment sought by veterans who live overseas that is reimbursed under such program; and (C) types of care or treatment eligible for reimbursement under such program that vet- erans have difficulty accessing overseas.
(7) Any barriers or obstacles cited by veterans who live overseas who are registered for the Foreign December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2482 Medical Program, including any differences between veterans who use the program and veterans who do not.

(8) Satisfaction of veterans who live overseas with the Foreign Medical Program.

(9) Such other areas as the Comptroller Gen- eral 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 pro- vides 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 Administra- tion, including the Office of Research and Development, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2483 or individuals or entities affiliated with the Veterans Health Administration.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by insert- ing after the item relating to section 7330C the following new item: ‘‘(1) ‘‘7330D.

Inapplicability of Paperwork Re- duction Act to research activities.’’.

SEC.

182.

RESEARCH AND DEVELOPMENT.

(a) OFFICE OF RESEARCH AND DEVELOPMENT.— Chapter 73 of title 38, United States Code, is amended by adding at the end the following new subchapter: ‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT ‘‘§ 7381.
Office of Research and Development ‘‘(a) OFFICE OF RESEARCH AND DEVELOPMENT.— There is in the Veterans Health Administration an Office of Research and Development (in this section referred to as the ‘Office’).

20 21 22 23 ‘‘(b) PURPOSES.—The function of the Office is to serve veterans through a full spectrum of research (includ- ing pre-clinical, clinical, and health systems science), tech- nology transfer, and application.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2484 ‘‘(c) CHIEF RESEARCH AND DEVELOPMENT OFFI- CER.—The head of the Office is the Chief Research and Development Officer.

‘‘(d) ORGANIZATION AND PERSONNEL.—The Office shall be organized in such manner, and its personnel shall perform such duties and have such titles, as the Secretary may prescribe.

‘‘§ 7382.
‘‘§ 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 chap- ter 33 of such title (commonly referred to as the ‘Intergov- ernmental Personnel Act Mobility Program’).
‘‘(b) OUTSIDE EARNED INCOME FOR RESEARCH FOR THE DEPARTMENT.—(1) Compensation from a nonprofit corporation established under subchapter IV of this chap- ter, 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 con- ducted pursuant to section 7303 of this title if— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2485 ‘‘(A) the research has been approved in accord- ance with procedures prescribed by the Under Sec- retary for Health; ‘‘(B) the employee conducts research under the supervision of personnel of the Department; and ‘‘(C) the Secretary agreed to the terms of such compensation in writing.

‘‘(2) An employee described in this subsection is an employee who has an appointment within the Department, whether with or without compensation, and without regard to the source of such compensation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ‘‘SUBCHAPTER V—RESEARCH AND DEVELOPMENT ‘‘7381.

Office of Research and Development.

‘‘7382.

Research personnel.’’.

SEC.

183.

EXPANSION OF HIRING AUTHORITIES FOR CER- TAIN CLASSES OF RESEARCH OCCUPATIONS.
Section 7401(3) of title 38, United States Code, is amended by inserting ‘‘statisticians, economists, 19 20 informaticists, data scientists, and’’ after ‘‘blind rehabili- tation outpatient specialists,’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

184.

COMPTROLLER GENERAL STUDY ON DEDICATED 2486 RESEARCH TIME FOR CERTAIN PERSONNEL OF THE DEPARTMENT OF VETERANS AF- FAIRS.
(a) STUDY.—The Comptroller General of the United States shall conduct a study on the amount of time dedi- cated for research for clinician-scientists appointed by the Secretary of Veterans Affairs.

(b) ELEMENTS.—The study under subsection (a) shall include the following: 26 (1) A review of the policies and practices of the Department of Veterans Affairs regarding the time dedicated for research for the personnel specified in subsection (a).
(2) An assessment of the effect of such policies and practices on the following: (A) The recruitment and retention efforts of the Department.

(B) The productivity of the personnel spec- ified in subsection (a) with respect to research.

(C) The efficient use of resources available for research on issues relating to the health of veterans.
(c) REPORT.—Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Sen- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2487 ate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the study conducted under subsection (a).

Subtitle H—Mental Health Care SEC.

191.


ANALYSIS OF FEASIBILITY AND ADVISABILITY OF DEPARTMENT OF VETERANS AFFAIRS PRO- VIDING EVIDENCE-BASED TREATMENTS FOR THE DIAGNOSIS OF TREATMENT-RESISTANT DEPRESSION.
(a) FINDINGS.—Congress makes the following find- 11 ings: (1) A systematic review in 2019 of the econom- ics and quality of life relating to treatment-resistant depression summarized that major depressive dis- order (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-resist- ant depression to reduce disease burden, lower med- ical costs, and improve the quality of life of patients.

(2) The Clinical Practice Guideline for the Management of MDD (in this subsection referred to as the ‘‘CPG’’) developed jointly by the Department of Veterans Affairs and the Department of Defense December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2488 defines treatment-resistant depression as at least two adequate treatment trials and lack of full re- sponse 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 indi- cated by the Food and Drug Administration, for treatment during a major depressive episode in pa- tients with treatment-resistant MDD.
(5) The final report of the Creating Options for Veterans’ Expedited Recovery Commission (com- monly referred to as the ‘‘COVER Commission’’) es- tablished under section 931 of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198; 38 U.S.C.

1701 note) found that treat- ment-resistant depression is a major issue through- out the mental health treatment system, and that an estimated 50 percent of depressed patients are inad- equately treated by available interventions.
(6) The COVER Commission also reported data collected from the Department of Veterans Affairs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2489 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 Vet- erans Affairs shall complete an analysis of the feasibility and advisability of making repetitive transcranial mag- netic stimulation available at all medical facilities of the Department of Veterans Affairs and electro-convulsive therapy available at one medical center located within each Veterans Integrated Service Network for the treatment of veterans who are enrolled in the patient enrollment system and have a diagnosis of treatment-resistant depression.
(c) INCLUSION OF ASSESSMENT OF REPORT.—The analysis conducted under subsection (b) shall include an assessment of the final report of the COVER Commission submitted under section 931(e)(2) of the Jason Simcakoski Memorial and Promise Act (title IX of Public Law 114–198; 38 U.S.C.

1701 note).
1701 note).

(d) REPORT.—Not later than 180 days after the con- clusion of the analysis conducted under subsection (b), the Secretary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2490 fairs of the House of Representatives a report that in- cludes 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 de- pression per Veterans Integrated Service Network during the two-year period preceding the date of the report.
(3) An assessment of the number of the vet- erans who are enrolled in the patient enrollment sys- tem who have a diagnosis of treatment-resistant de- pression and who have received or are currently re- ceiving repetitive transcranial magnetic stimulation or electro-convulsive therapy as a treatment modality during the two-year period preceding the date of the report.
(4) An assessment of the number and locations of medical centers of the Department that currently provide repetitive transcranial magnetic stimulation to veterans who are enrolled in the patient enroll- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2491 provide electro-convulsive therapy to veterans who are enrolled in the patient enrollment system and who have a diagnosis of treatment-resistant depres- sion.
(e) PATIENT ENROLLMENT SYSTEM DEFINED.—In this section, the term ‘‘patient enrollment system’’ means the system of annual patient enrollment of the Depart- ment of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code.

SEC.

192.

MODIFICATION OF RESOURCE ALLOCATION SYS- TEM TO INCLUDE PEER SPECIALISTS.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Vet- erans Affairs shall modify the Veterans Equitable Re- source Allocation system, or successor system, to ensure that resource allocations under such system, or successor system, include peer specialists appointed under section 7402(b)(13) of title 38, United States Code.
(b) VETERANS EQUITABLE RESOURCE ALLOCATION SYSTEM DEFINED.—In this section, the term ‘‘Veterans Equitable Resource Allocation system’’ means the re- source allocation system established pursuant to section 429 of the Departments of Veterans Affairs and House and Urban Development, and Independent Agencies Ap- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2492 propriations Act, 1997 (Public Law 104–204; 110 Stat.
2929).

SEC.

193.

GAP ANALYSIS OF PSYCHOTHERAPEUTIC INTER- VENTIONS OF THE DEPARTMENT OF VET- ERANS AFFAIRS.
(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Vet- erans Affairs shall complete a gap analysis throughout the entire health care system of the Veterans Health Adminis- tration 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 vet- erans at medical centers of the Department of Vet- erans Affairs within each Veterans Integrated Serv- ice Network of the Department.
(2) An assessment of the barriers faced by med- ical centers of the Department in offering certain psychotherapeutic interventions and why those inter- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2493 ventions are not widely implemented or are excluded from implementation throughout the entire health care system of the Veterans Health Administration.
(c) REPORT AND PLAN.—Not later than 180 days after completing the gap analysis under subsection (a), the Secretary shall submit to the Committee on Veterans’ Af- fairs of the Senate and the Committee on Veterans’ Af- fairs of the House of Representatives— (1) a report on the results of the analysis; and (2) a plan with measurable, time-limited steps for the Department to implement— (A) to address the gaps that limit access of veterans to care; and (B) to treat various mental health condi- tions across the entire health care system of the Veterans Health Administration.
SEC.

193A.

PROHIBITION ON COLLECTION OF COPAYMENTS FOR FIRST THREE MENTAL HEALTH CARE OUTPATIENT VISITS OF VETERANS.

(a) PROHIBITION ON COLLECTION.—Chapter 17 of title 38, United States Code, is amended by inserting after section 1722B the following new section (and conforming the table of sections at the beginning of such chapter ac- cordingly): December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2494 ‘‘§ 1722C.
Copayments: prohibition on collection of copayments for first three mental health care outpatient visits of veterans ‘‘(a) PROHIBITION.—Except as provided in sub- section (b), notwithstanding section 1710(g) of this title or any other provision of law, the Secretary may not im- pose 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 10 to pay a copayment under the laws administered by the 11 Secretary.
‘‘(b) COPAYMENT FOR MEDICATIONS.—The prohibi- tion under subsection (a) shall not apply with respect to the imposition or collection of copayments for medications pursuant to section 1722A of this title.
‘‘(c) MENTAL HEALTH CARE OUTPATIENT VISIT DE- FINED.—In this section, the term ‘mental health care out- patient visit’ means an outpatient visit with a qualified mental health professional for the primary purpose of seeking mental health care or treatment for substance 21 abuse disorder.
22 23 24 25 ‘‘(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 Me- morial Veterans Benefits and Health Care Improvement 26 Act of 2022.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2495 (b) APPLICABILITY.—The amendment made by sub- section (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 AS- SESSMENTS OF HEALTH CARE DELIVERY SYS- TEMS AND MANAGEMENT PROCESSES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) ONGOING ASSESSMENTS.—Subchapter I of chap- ter 17 of title 38, United States Code, is amended by in- serting after section 1704 the following new section: ‘‘§ 1704A.
Independent assessments of health care de- livery systems and management proc- esses ‘‘(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 enti- ty or entities described in subsection (d) to conduct an independent assessment of the hospital care, medical serv- ices, and other health care furnished by the Department.
‘‘(2) Each assessment required under paragraph (1) shall address each of the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2496 ‘‘(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 de- mographics, rates of use of health care furnished by the Department, the inflation of health care costs, and such other factors as may be determined rel- evant 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, med- ical 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 au- thorities and mechanisms on eligibility and access to care.
‘‘(E) The organization, workflow processes, and tools used by the Department to support clinical December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2497 staffing, access to care, effective length-of-stay man- agement and care transitions, positive patient expe- rience, accurate documentation, and subsequent cod- ing of inpatient services.
‘‘(F) The efforts of the Department to recruit and retain staff at levels necessary to carry out the functions of the Veterans Health Administration and the process used by the Department to determine staffing levels necessary for such functions.
‘‘(G) The staffing level at each medical facility of the Department and the productivity of each health care provider at the medical facility, com- pared 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 aver- age 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 affili- ated with the Department.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2498 ‘‘(II) Conducting research.


‘‘(III) Training or supervising other health care professionals of the Depart- ment.

‘‘(iii) An assessment of the complexity of health care conditions per patient treated by each health care provider at such medical facil- ity during an average week.
‘‘(H) The information technology strategies of the Department with respect to furnishing and man- aging health care, including an identification of any weaknesses or opportunities with respect to the tech- nology used by the Department, especially those strategies with respect to clinical documentation of hospital care, medical services, and other health care, including any clinical images and associated textual reports, furnished by the Department in fa- cilities of the Department or non-Department facili- ties.
‘‘(I) Business processes of the Veterans Health Administration, including processes relating to fur- nishing non-Department health care, insurance iden- tification, third-party revenue collection, and vendor reimbursement, including an identification of mecha- nisms as follows: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2499 ‘‘(i) To avoid the payment of penalties to vendors.
‘‘(ii) To increase the collection of amounts owed to the Department for hospital care, med- ical 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 re- spect to hospital care, medical services, or other health care and to ensure that such amounts collected are accurate.
‘‘(iv) To increase the accuracy and timeli- ness of payments by the Department to vendors and providers.

‘‘(v) To reduce expenditures while improv- ing the quality of care furnished.
‘‘(J) The purchase, distribution, and use of pharmaceuticals, medical and surgical supplies, med- ical 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2500 ‘‘(I) Pharmaceuticals.

‘‘(II) Medical and surgical supplies.


‘‘(III) Medical devices.

‘‘(ii) The use by the Department of group purchasing arrangements to purchase pharma- ceuticals, medical and surgical supplies, medical devices, and health care-related services.

‘‘(iii) The strategy and systems used by the Department to distribute pharmaceuticals, medical and surgical supplies, medical devices, and health care-related services to Veterans In- tegrated Service Networks and medical facilities of the Department.
‘‘(K) The competency of Department leadership with respect to culture, accountability, reform readi- ness, leadership development, physician alignment, employee engagement, succession planning, and per- formance 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 re- search of the Department.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2501 ‘‘(N) The provision of assistance by the Depart- ment to Federal agencies and personnel involved in responding to a disaster or emergency.

‘‘(O) Such additional matters as may be deter- mined relevant by the Secretary.
‘‘(b) TIMING.—The private sector entity or entities carrying out an assessment pursuant to subsection (a) shall complete such assessment not later than 18 months after entering into the contract described in such para- graph.
11 12 13 ‘‘(c) LEVERAGING OF EXISTING DATA AND CON- TRACTS.—To the extent practicable, the private sector en- tity or entities carrying out an assessment pursuant to 14 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 mar- ket assessments under section 7330C of this title; ‘‘(B) the quarterly publication of informa- tion on staffing and vacancies with respect to the Veterans Health Administration pursuant to section 505 of the VA MISSION Act of 2018 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2502 (Public Law 115–182; 38 U.S.C.

301 note); and ‘‘(C) the conduct of annual audits pursu- ant to section 3102 of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C.

1701 note).

‘‘(2) maximize the use of existing contracts and other agreements of the Department for studies, analysis, data collection, or research in order to effi- ciently fulfill the requirements of this section.
‘‘(d) PRIVATE SECTOR ENTITIES DESCRIBED.—A private sector entity described in this subsection is a pri- vate entity that— ‘‘(1) has experience and proven outcomes in op- timizing the performance of national health care de- livery systems, including the Veterans Health Ad- ministration, other federal health care systems, and systems in the private, non-profit, or public health care sector; ‘‘(2) specializes in implementing large-scale or- ganizational 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2503 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 assess- ment under such subsection, the Secretary shall designate one such entity as the program integrator.
‘‘(2) The program integrator designated pursuant to paragraph (1) shall be responsible for coordinating the outcomes of the assessments conducted by the private sec- tor 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 assess- ment shall submit to the Secretary and 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 and recommendations of the private sector entity or entities with respect to such assessment.
‘‘(B) Each report under subparagraph (A) with re- spect to an assessment shall include an identification of 22 the following: 23 24 25 ‘‘(i) Any changes with respect to the matters in- cluded in such assessment since the date that is the later of the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2504 ‘‘(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 assess- ment under subsection (a) was completed.

‘‘(ii) Any recommendations regarding matters to be covered by subsequent assessments under sub- section (a), including any additional matters to in- clude for assessment or previously assessed matters to exclude.
‘‘(2) Not later than 30 days after receiving a report under paragraph (1), the Secretary shall publish such re- port in the Federal Register and on a publicly accessible internet website of the Department.
‘‘(3) Not later than 90 days after receiving a report under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives a report outlining the feasibility and advis- ability 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2505 ‘‘(g) SUNSET.—The requirement to enter into con- tracts under subsection (a) shall terminate on December 31, 2055.’’.

(b) CLERICAL AMENDMENTS.—The table of sections at the beginning of such subchapter is amended by insert- ing after the item relating to section 1704 the following new item: ‘‘1704A.
Independent assessments of health care delivery systems and manage- ment processes.’’.

(c) DEADLINE FOR INITIAL ASSESSMENT.—The ini- tial assessment under section 1704A of title 38, United States Code, as added by subsection (a), shall be com- pleted by not later than December 31, 2025.

SEC.

195.

IMPROVED TRANSPARENCY OF, ACCESS TO, AND USABILITY OF DATA PROVIDED BY DEPART- MENT 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 Sec- retary of Veterans Affairs shall complete a review of data that is publicly available on the Access to Care internet website of the Department of Veterans Af- fairs (or successor website)) (in this section referred to as the ‘‘Website’’).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2506 (2) ANALYSIS.—The review under paragraph (1) shall include an analysis of the access to and usability of the publicly available data on the Website, including a review of the availability of the following data: (A) Any numeric indicators relating to timely care, effective care, safety, and veteran- centered care that the Secretary collects at medical facilities of the Department pursuant to section 1703C of title 38, United States Code.
(B) The patient wait times information re- quired by subsection (a) of section 206 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat.

1780); and (C) the patient safety, quality of care, and outcome measures required by subsection (b) of such section 206.
(3) CONSULTATION.—In conducting the review under paragraph (1) of data described in such para- graph, the Secretary shall consult with veterans service organizations, veterans, and caregivers of veterans from geographically diverse areas and rep- resenting different eras of service in the Armed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2507 Forces to gather insights about potential modifica- tions 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 Sec- retary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a re- port on the outcome of the review, including an as- sessment 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 addi- tion to the requirements of section 206(b)(4) of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113–146; 128 Stat.
1781), the Secretary shall ensure that the Website meets the following requirements: (A) The Website is directly accessible from— (i) the main homepage of the publicly accessible internet website of the Depart- ment; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2508 (ii) the main homepage of the publicly accessible internet website of each medical center of the Department.
(B) Where practicable, the Website is or- ganized 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 AUTHOR- ITY.—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 vet- erans from geographically diverse areas and representing different eras of service in the Armed Forces; and (B) may enter into a contract to design the Website with a company, non-profit entity, or other entity specializing in website design that has substantial experience in presenting health care data and information in a easily under- standable and usable manner to patients and consumers.
(c) ACCURACY OF DATA.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2509 (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 fa- cility of the Department that is used to cal- culate the information on the Website is accu- rate and complete; (B) identifies any deficiencies in the re- cording of medical record information, clinical information, or data by medical facilities of the Department that affects the accuracy and com- pleteness of the information on the Website; and (C) provides recommendations to medical facilities of the Department on how to— (i) improve the accuracy and com- pleteness of the medical record informa- tion, clinical information, data, and docu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2510 mentation that is used to calculate the in- formation on the Website; and (ii) ensure that each medical facility of the Department provides such informa- tion 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 DEPART- MENT OF VETERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.

(a) SHORT TITLE.—This section may be cited as the .
20 21 (b) PROCESS FOR CLOTHING ALLOWANCE CLAIMS.— Section 1162 of title 38, United States Code, is amend- 22 ed— 23 24 (1) by striking ‘‘The Secretary under’’ and in- serting: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2511 ‘‘(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 sub- sections: ‘‘(b) CONTINUOUS NATURE OF PAYMENTS.—Pay- ments made to a veteran under subsection (a) shall con- tinue 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 deter- mines the veteran is no longer eligible pursuant to subsection (c).

‘‘(c) REVIEWS OF CLAIMS.—(1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligi- bility of the veteran for such allowance.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2512 ‘‘(2) The Secretary shall prescribe standards for de- termining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, ortho- pedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
‘‘(3)(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irrep- arable 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 Sec- 14 retary— ‘‘(i) receives notice under subparagraph (B); or ‘‘(ii) finds otherwise under subparagraph (C) or (D).
‘‘(B) The Secretary shall require a veteran who is re- ceiving 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 Sec- retary 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 al- lowance under subsection (a), based on the wearing or use December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2513 of a prosthetic, orthopedic appliance (including a wheel- chair), or medication, the Secretary shall periodically re- view 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 allow- ance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheel- chair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such pros- thetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued 13 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 eli- gibility for a clothing allowance under this section periodi- cally, but not more frequently than once each year.
‘‘(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary 23 determines appropriate.

24 25 ‘‘(d) DETERMINATION REGARDING CONTINUED ELI- GIBILITY.—If the Secretary determines, as the result of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2514 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 deter- mination that includes a description of applicable ac- tions that may be taken following the determination, including the actions specified in section 5104C of this title; and ‘‘(2) discontinue the clothing allowance based on such claim.’’.
(c) APPLICABILITY.—The amendments made by sub- section (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- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2515 connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with re- spect to a veteran with one or more service-con- nected disabilities who dies.

(2) The death certificate for the veteran identi- fies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death.
(3) The death certificate does not clearly iden- tify 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 ill- ness 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 claim- ant.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2516 (b) OUTREACH.—The Secretary shall provide infor- mation to veterans, dependents, and veterans service orga- nizations about applying to dependency and indemnity compensation when a veteran dies from COVID–19.
The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.
(c) ANNUAL REPORT.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, and an- nually 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 pursu- ant 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 de- pendency and indemnity compensation claims December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2517 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 ENACT- MENT.— (1) STUDY.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete a study on covered claims that were denied prior to the date of the enactment of this Act and submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to such study, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2518 including a description of any improvements made as a result of such study to trainings of the Depart- ment of Veterans Affairs relating to dependency and indemnity compensation claims.

(2) METHODOLOGY.—In carrying out the study under paragraph (1), the Secretary shall use a sta- tistically valid, random sample of covered claims.
(3) ELEMENTS.—The study under paragraph (1) shall include, with respect to covered claims de- nied 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 proce- dures, and guidelines of the Department of Veterans Affairs relating to the adjudica- tion of dependency and indemnity com- pensation claims; and (ii) completed all necessary claim de- velopment actions prior to making a dis- position for the claim.
(B) An identification of— (i) the total number of covered claims reviewed under the study; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2519 (ii) the number and percentage of such covered claims the processing of which involved errors; (iii) the top five claims processing er- rors and the number of such covered claims the processing of which involved any of such five errors.
(e) STUDY ON CLAIMS DENIED FOLLOWING ENACT- MENT.— (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 re- port on the findings of the Secretary with respect to such study, including a description of any improve- ments made as a result of such study to trainings of the Department of Veterans Affairs relating to dependency and indemnity compensation claims.
(2) METHODOLOGY.—In carrying out the study under paragraph (1), the Secretary shall use a sta- tistically valid, random sample of covered claims.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2520 (3) ELEMENTS.—The study under paragraph (1) shall include, with respect to covered claims de- nied following the date of the enactment of this Act, each of the elements specified in subsection (d)(3).
(f) COVERED CLAIM DEFINED.—In this section, the term ‘‘covered claim’’ means a dependency and indemnity compensation claim filed with respect to a veteran the death certificate of whom identifies COVID–19 as the principal or contributory cause of death.

SEC.

203.

ENHANCED LOAN UNDERWRITING METHODS.


(a) IN GENERAL.—Section 3710 of title 38, United States Code, is amended by adding at the end the fol- lowing new subsection: ‘‘(i)(1) The Secretary, in consultation with the advi- sory group established under paragraph (3)(A), shall pre- scribe regulations and issue guidance to assist lenders in evaluating the sufficiency of the residual income of a vet- eran 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 vet- eran provides to the lender an energy efficiency report de- scribed in subparagraph (B) — ‘‘(i) the evaluation by the lender of the suffi- ciency of the residual income of the veteran shall in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2521 clude a consideration of the estimate of the expected energy cost savings contained in the report; and ‘‘(ii) the lender may apply the underwriting ex- pertise 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 infor- mation about the home, including savings relating to electricity or natural gas, oil, and any other fuel reg- ularly used to supply energy to the home.
‘‘(ii) Any information required to be included pursuant to the regulations and guidance and regu- lations prescribed by the Secretary under paragraph (1).
‘‘(iii) Information with respect to the energy ef- ficiency of the home as determined pursuant to— ‘‘(I) the Residential Energy Service Net- work’s Home Energy Rating System (commonly know as ‘HERS’) by an individual certified by such Network; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2522 ‘‘(II) an other method determined appro- priate by the Secretary, in consultation with the advisory group under paragraph (3), including with respect to third-party quality assurance procedures.
‘‘(3)(A) To assist the Secretary in carrying out this subsection, the Secretary shall establish an advisory group consisting of individuals representing the interests of— ‘‘(i) mortgage lenders; ‘‘(ii) appraisers; ‘‘(iii) energy raters and residential energy con- sumption experts; ‘‘(iv) energy efficiency organizations; ‘‘(v) real estate agents; ‘‘(vi) home builders and remodelers; ‘‘(vii) consumer advocates; ‘‘(viii) veterans’ service organizations; and ‘‘(ix) other persons determined appropriate by the Secretary.
‘‘(B) The advisory group established under subpara- graph (A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C.

App.).

‘‘(4) The Secretary shall ensure that marketing mate- rials that the Secretary provides to veterans with respect to loans guaranteed under this chapter include informa- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2523 tion regarding the use of energy efficiency reports under this subsection.
‘‘(5) Not later than one year after the date on which the Secretary issues the regulations and guidance pursu- ant to paragraph (2), and every year thereafter, the Sec- retary shall submit to Congress and make publicly avail- able a report that includes the following information for the year covered by the report: ‘‘(A) An enumeration of the number of loans guaranteed under this chapter for which a veteran provided to the Secretary an energy efficiency report under this subsection, including the number of such loans for which cost savings were taken into account pursuant to paragraph (1).
‘‘(B) Of the number of loans enumerated under subparagraph (A), an enumeration of the default rates and rates of foreclosure, including how such enumeration compares with the default rates and rates of foreclosure for guaranteed loans for which no energy efficiency report is provided.’’.
(b) CLARIFICATION OF REQUIREMENTS REGARDING ENERGY EFFICIENCY STANDARDS.—Section 3704(f) of such title is amended by striking ‘‘such standards’’ and inserting the following: ‘‘the standards established under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2524 such section 109, as in effect on the date of such construc- tion’’.

SEC.

204.

DEPARTMENT OF VETERANS AFFAIRS LOAN FEES.


The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking ‘‘January 14, 2031’’ each place it appears and inserting ‘‘November 14, 2031’’.

Subtitle B—Education SEC.

211.

NATIVE VETSUCCESS AT TRIBAL COLLEGES AND UNIVERSITIES PILOT PROGRAM.

(a) SHORT TITLE.—This section may be cited as the ‘‘Native VetSuccess at Tribal Colleges and Universities Pilot Program Act’’.
(b) PILOT PROGRAM.— (1) IN GENERAL.—Not later than 18 months after the date of the enactment of this Act, the Sec- retary of Veterans Affairs shall commence carrying out a pilot program to assess the feasibility and ad- visability of expanding the VetSuccess on Campus program to additional Tribal colleges and univer- sities.
(2) DESIGNATION.—The pilot program carried out under paragraph (1) shall be known as the ‘‘Na- tive VetSuccess at Tribal Colleges and Universities Pilot Program’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2525 (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 commence- ment of the pilot program.
(d) PARAMETERS.—Under the pilot program required by subsection (b)(1) the Secretary shall— (1) identify three regional Native VetSuccess service areas consisting of at least two participating Tribal colleges or universities that do not already have a VetSuccess program, counselor, or outreach coordinator; and (2) assign to each regional Native VetSuccess service area a VetSuccess on Campus counselor and a full-time Vet Center outreach coordinator, both of whom shall— (A) be based on one or more of the partici- pating Tribal colleges or universities in the service area; and (B) provide for eligible students at such participating colleges and universities with all services for which such students would be eligi- ble 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, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2526 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 pro- gram of the Department.
(f) CONSULTATION REQUIREMENT.—In developing the pilot program required by subsection (b)(1), the Sec- retary shall, acting through the Veteran Readiness and Employment Program of the Department of Veterans Af- fairs and in coordination with the Office of Tribal Govern- ment Relations of the Department, consult with Indian Tribes, and Tribal organizations, and seek comment from the Advisory Committee on Tribal and Indian Affairs of the Department, and veterans service organizations re- 14 garding each of the following: (1) The design of the pilot program.
(2) The process for selection of the three re- gional Native VetSuccess service areas and partici- pating Tribal colleges and universities, taking into consideration— (A) the number of eligible students en- rolled in the college or university and in the re- gional service area; (B) the capacity of the colleges and univer- sities in the regional service area to accommo- date a full-time VetSuccess on Campus coun- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2527 selor and a full-time Vet Center outreach coor- dinator; (C) barriers in specific regional service areas that prevent native veterans’ access to benefits and services under the laws adminis- tered by the Secretary; and (D) any other factor that the Secretary, in consultation with Indian Tribes and Tribal or- ganizations, and after considering input from veterans service organizations and the Advisory Committee on Tribal and Indian Affairs identi- fies 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.
22 23 24 (h) BRIEFINGS AND REPORTS.— (1) IMPLEMENTATION BRIEFING.—Not later than one year after the date of the enactment of this December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2528 Act, the Secretary shall provide the appropriate com- mittees 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 uni- versities selected for participation in the pilot program and the reason for the selection of such service areas and such colleges and univer- sities.
(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 appro- priate committees of Congress a report on the pilot program.

(B) CONTENTS.—The report submitted under subparagraph (A) shall include each of the following: (i) The number of eligible students provided services through the pilot pro- gram.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2529 (ii) The types of services that eligible students received through the pilot pro- gram.

(iii) The graduation rate of eligible students who received services through the pilot program and graduation rate of eligi- ble 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 pro- gram.

(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 ex- panding a regionally based Native VetSuccess at Tribal Colleges and Univer- sities 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2530 (vii) A detailed proposal regarding a long-term extension of the pilot program, including a budget, unless the Secretary determines that such an extension is not appropriate.
(i) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEE OF CONGRESS.— The term ‘‘appropriate committees of Congress’’ means— (A) the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.

(2) CULTURALLY COMPETENT.—The term ‘‘cul- turally competent’’ means considerate of the unique values, customs, traditions, cultures, and languages of Native American veterans.
(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal college or university’’ has the meaning given the term ‘‘Tribal College or University’’ under section 316 of the Higher Education Act of 1965 (20 U.S.C.

1059c).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2531 (4) TRIBAL ORGANIZATION.—The term ‘‘Tribal organization’’ has the meaning given that term in section 4 of the Indian Self-Determination and Edu- cation 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 pro- grams approved under chapters 30 through 36 of title 38)’’ after ‘‘employment opportunities’’.

SEC.

213.
SEC.

213.

WEBSITES REGARDING APPRENTICESHIP PRO- GRAMS.

(a) WEBSITE UNDER THE JURISDICTION OF SEC- RETARY OF LABOR.—The Assistant Secretary of Labor for Veterans’ Employment and Training, in coordination with the Secretary of Veterans Affairs, shall establish a user-friendly website (or update an existing website) that is available to the public on which veterans can find infor- mation about apprenticeship programs registered under the Act of August 16, 1937 (50 Stat.
664; commonly re- ferred to as the ‘‘National Apprenticeship Act’’) and ap- proved under chapters 30 through 36 of title 38, United States Code.

Such information shall be searchable and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2532 sortable by occupation and location, and include, with re- gard to each such program, the following: (1) A description, including any cost to a vet- eran.
(2) Contact information.

(3) Whether the program has been endorsed by a veterans service organization or nonprofit organi- zation that caters to veterans.

(4) Whether the program prefers to hire vet- erans.

(5) Each certification or degree an individual earns by completing the program.
(b) COORDINATION WITH OTHER WEBSITE.—The Assistant Secretary shall update all information regarding programs for veterans listed on apprenticeship.gov (or any successor website) to include the information specified under subsection (a).

18 19 20 21 22 SEC.

214.

TRANSFER OF ENTITLEMENT TO POST-9/11 EDU- CATIONAL ASSISTANCE PROGRAM OF DE- PARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Paragraph (4) of section 3319(h) of title 38, United States Code, is amended to read as 23 follows: 24 ‘‘(4) DEATH OF TRANSFEROR.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2533 ‘‘(A) IN GENERAL.—The death of an indi- vidual transferring an entitlement under this section shall not affect the use of the entitle- ment by the dependent to whom the entitlement is transferred.
‘‘(B) DEATH PRIOR TO TRANSFER TO DES- IGNATED TRANSFEREES.—(i) In the case of an eligible individual whom the Secretary has ap- proved to transfer the individual’s entitlement under this section who, at the time of death, is entitled to educational assistance under this chapter and has designated a transferee or transferees under subsection (e) but has not transferred all of such entitlement to such transferee or transferees, the Secretary shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expira- tion of time limitations found in paragraph (5) of this subsection or section 3321 of this title, notwithstanding the limitations under sub- section (f).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2534 ‘‘(ii) If a transferee cannot use all of the transferred benefits under clause (i) because of expiration of a time limitation, the unused ben- efits will be distributed among the other des- ignated transferees who would not be precluded from using some or all of the transferred bene- fits due to expiration of time limitations found in paragraph (5) of this subsection or section 3321 of this title, unless or until there are no transferees who would not be precluded from using the transferred benefits because of expira- tion 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 No- vember 1, 2018.

17 SEC.

215.

USE OF ENTITLEMENT UNDER DEPARTMENT OF VETERANS AFFAIRS SURVIVORS’ AND DE- PENDENTS’ EDUCATIONAL ASSISTANCE PRO- GRAM FOR SECONDARY SCHOOL EDUCATION.
(a) IN GENERAL.—Section 3501(a)(6) of title 38, United States Code, is amended— (1) by striking ‘‘secondary school,’’; and (2) by striking ‘‘secondary school level’’ and in- serting ‘‘postsecondary school level’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2535 (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 MEM- BER 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 cer- tain education ‘‘(a) IN GENERAL.—(1) A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered edu- cation.

19 20 21 ‘‘(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 ab- 22 sence under paragraph (1).
23 ‘‘(B) Adverse actions under subparagraph (A) include 24 the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2536 ‘‘(i) The assignment of a failing grade to a cov- ered 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 unex- cused.
‘‘(iv) The assessment of any financial penalty against a covered member.

‘‘(b) WITHDRAWAL.—If a covered member withdraws from covered education under subsection (a), the institu- tion concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered member withdraws.
‘‘(c) LEAVE OF ABSENCE.—If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall— ‘‘(1) assign a grade of ‘incomplete’ (or equiva- lent) to the covered member for covered education for the academic term from which the covered mem- ber takes such leave of absence; and ‘‘(2) to the extent practicable, permit the cov- ered member, upon completion of the period covered service, to complete such academic term.
‘‘(d) DEFINITIONS.—In this section: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2537 ‘‘(1) The term ‘covered education’ means a course of education— ‘‘(A) at an institution of higher education; and ‘‘(B) paid for with educational assistance furnished under a law administered by the Sec- retary.
‘‘(2) The term ‘covered member’ means a mem- ber of the Armed Forces (including the reserve com- ponents) enrolled in covered education.

‘‘(3) The term ‘covered service’ means— ‘‘(A) active service or inactive-duty train- ing, as such terms are defined in section 101 of title 10; or ‘‘(B) State active duty, as defined in sec- tion 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 en- rolled 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).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2538 ‘‘(6) The term ‘period of covered service’ means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.’’.

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: ‘‘3691A.Withdrawal or leave of absence from certain education.’’.
Subtitle C—GI Bill National Emergency Extended Deadline Act SEC.

231.

SHORT TITLE.

This subtitle may be cited as the ‘‘GI Bill National Emergency Extended Deadline Act of 2022’’.

SEC.

232.

EXTENSION OF TIME LIMITATION FOR USE OF EN- TITLEMENT UNDER DEPARTMENT OF VET- ERANS AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS BY REASON OF SCHOOL CLO- SURES DUE TO EMERGENCY AND OTHER SIT- UATIONS.
(a) MONTGOMERY GI BILL.—Section 3031 of title 38, United States Code, is amended— (1) in subsection (a), by inserting ‘‘and sub- section (i)’’ after ‘‘through (g)’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2539 (2) by adding at the end the following new sub- section: ‘‘(i)(1) In the case of an individual eligible for edu- cational assistance under this chapter who is prevented from pursuing the individual’s chosen program of edu- cation before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason, as deter- mined by the Secretary, such 10-year period— ‘‘(A) shall not run during the period the indi- vidual is so prevented from pursuing such program; and ‘‘(B) shall again begin running on a date deter- mined by the Secretary that is— ‘‘(i) not earlier than the first day after the individual is able to resume pursuit of a pro- gram 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 indi- vidual from pursuing the individual’s chosen pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2540 gram of education, as determined by the Sec- retary.’’.
(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 sub- paragraph: ‘‘(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 de- scribed in subsection (a) of such section.’’.
SEC.

233.

EXTENSION OF PERIOD OF ELIGIBILITY BY REA- SON OF SCHOOL CLOSURES DUE TO EMER- GENCY AND OTHER SITUATIONS UNDER DE- PARTMENT OF VETERANS AFFAIRS TRAINING AND REHABILITATION PROGRAM FOR VET- ERANS WITH SERVICE-CONNECTED DISABIL- ITIES.

Section 3103 of title 38, United States Code, is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2541 (1) in subsection (a), by striking ‘‘or (g)’’ and inserting ‘‘(g), or (h)’’; and (2) by adding at the end the following new sub- section: ‘‘(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 reha- bilitation program within the period of eligibility pre- scribed 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 vet- eran is so prevented from participating in such pro- gram; and ‘‘(B) shall again begin running on a date deter- mined by the Secretary that is— ‘‘(i) not earlier than the first day after the veteran is able to resume participation in a vo- cational rehabilitation program under this chap- ter; 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2542 ‘‘(B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary.’’.

SEC.

234.
SEC.

234.

PERIOD FOR ELIGIBILITY UNDER SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSIST- ANCE PROGRAM OF DEPARTMENT OF VET- ERANS AFFAIRS.
(a) IN GENERAL.—Section 3512 of title 38, United States Code, is amended— (1) by redesignating subsection (h) as sub- section (f); and (2) by adding at the end the following new sub- section: ‘‘(g) Notwithstanding any other provision of this sec- tion, 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 per- son on or after August 1, 2023.
‘‘(2) A person who— ‘‘(A) first becomes an eligible person be- fore August 1, 2023; and ‘‘(B) becomes 18 years of age, or com- pletes secondary schooling, on or after August 1, 2023.’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2543 (b) CONFORMING AMENDMENTS.—Such section is further amended— (1) in subsection (a), by striking ‘‘The edu- cational’’ and inserting ‘‘Except as provided in sub- section (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 ‘‘Not- withstanding’’ and inserting ‘‘Except as pro- vided in subsection (g), notwithstanding’’; and (3) in subsection (e), by striking ‘‘No person’’ and inserting ‘‘Except as provided in subsection (g), no person’’.
Subtitle D—Rural Veterans Travel Enhancement SEC.

241.

COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON FRAUD, WASTE, AND ABUSE OF THE DEPARTMENT OF VETERANS AFFAIRS BENEFICIARY TRAVEL PROGRAM.
(a) STUDY AND REPORT REQUIRED.—Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) complete a study on fraud, waste, and abuse of the benefits furnished under section 111 of title December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2544 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’ Af- fairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Comptroller General with respect to the study completed under paragraph (1).
(b) ELEMENTS.—Study conducted under subsection (a)(1) shall cover the following: (1) The quantity and monetary amount of claims that have been adjudicated as fraudulent or improper, disaggregated, to the extent possible, by general health care travel and by special mode of transportation.

(2) Instances of potential fraud or improper payments that may have occurred but were not de- tected, disaggregated, to the extent possible, by gen- eral health care travel and by special mode of trans- portation.
(3) The efforts of the Secretary of Veterans Af- fairs to mitigate fraud and the effectiveness of the efforts of the Secretary.

(4) Assessment of communication and training provided by the Department of Veterans Affairs to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2545 employees and contractors handling claims filed under section 111 of such title regarding fraud.
(5) Such recommendations as the Comptroller General may have for further mitigation of fraud, waste, and abuse.

SEC.

242.

COMPTROLLER GENERAL STUDY AND REPORT ON EFFECTIVENESS OF DEPARTMENT OF VET- ERANS AFFAIRS BENEFICIARY TRAVEL PRO- GRAM MILEAGE REIMBURSEMENT AND DE- DUCTIBLE AMOUNTS.
Not later than one year after the date of the enact- ment of this Act, the Comptroller General of the United States shall— (1) complete a study on— (A) the efficacy of the current mileage re- imbursement rate under subsection (a) of sec- tion 111 of title 38, United States Code, in mitigating the financial burden of transpor- tation costs for traveling to and from Depart- ment of Veterans Affairs medical facilities for medical care; (B) the origins of the amount of the de- ductible under subsection (c) of such section and its impact on the efficacy of the benefits provided under such section in mitigating finan- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2546 cial burden on veterans seeking medical care; and (C) developing such recommendations as the Comptroller General may have for how this program or another transportation assistance program could further encourage veterans, es- pecially low-income veterans, to seek medical care, especially mental health care; and (2) submit to the Committee on Veterans’ Af- fairs 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 TRANSPOR- TATION 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 Sec- retary 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 deduc- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2547 tion waiver as provided by paragraphs (3) and (4) of sub- section (c) of such section.

(b) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program.

(c) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program.
(d) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date of the completion of the pilot pro- gram, the Secretary shall submit to Congress a re- port 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 bene- fitted from the pilot program broken, disaggregated by geographic location, race or ethnicity, age, disability rating, and sex.
(B) Average distance traveled by partici- pants to appointments and average funds pro- vided per appointment, disaggregated by geo- graphic region.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2548 (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 in- correctly.
(E) An account of any attempts to retrieve such payment.

(F) Recommendations of the Secretary for legislative or administrative action to reduce improper payments.

(G) An assessment of the feasibility and advisability of providing payments as described in subsection (a).

SEC.

244.

PILOT PROGRAM FOR TRAVEL COST REIMBURSE- MENT FOR ACCESSING READJUSTMENT COUNSELING SERVICES.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after the date of the enactment of this Act, the Sec- retary shall establish and commence a pilot program, with- in the Readjustment Counseling Services of the Veterans Health Administration, to assess the feasibility and advis- ability of providing payment to cover or offset financial difficulties of an individual in accessing or using transpor- tation to and from the nearest Vet Center service site pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2549 viding the necessary readjustment counseling services for the individual’s plan of service.

(b) PARTICIPATION.— (1) IN GENERAL.—In carrying out the pilot program required by subsection (a), the Secretary shall limit participation— (A) by individuals pursuant to paragraph (2); and (B) by Vet Centers pursuant to paragraph (3).
(2) PARTICIPATION BY INDIVIDUALS.— (A) IN GENERAL.—The Secretary shall limit participation in the pilot program to indi- viduals who are eligible for services at a partici- pating Vet Center and experiencing financial hardship.

(B) FINANCIAL HARDSHIP.—The Secretary shall determine the meaning of ‘‘financial hard- ship’’ for purposes of subparagraph (A).
(3) PARTICIPATION OF VET CENTERS.—Vet Centers participating in the program shall be chosen by the Secretary from among those serving individ- uals in areas designated by the Secretary as rural or highly rural or Tribal lands.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2550 (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 prac- ticable, but not later than 10 business days after the date of the appointment.

(d) DURATION.—The Secretary shall carry out the pilot program required by subsection (a) during the five- year period beginning on the date of the commencement 10 of the pilot program.
(e) LOCATIONS.— (1) IN GENERAL.—The Secretary shall carry out the pilot program at not fewer than five loca- tions selected by the Secretary for purposes of the pilot program.
(2) EXISTING INITIATIVE.— (A) LOCATIONS PARTICIPATING IN EXIST- ING 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 Vet- erans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112–154), as most re- cently amended by section 105 of the Con- tinuing Appropriations and Ukraine Supple- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2551 mental Appropriations Act, 2023 (Public Law 117–180), as of the date of the enactment of this Act.
(B) TERMINATION OF EXISTING INITIA- TIVE.—Section 104(a) of the Honoring Amer- ica’s Veterans and Caring for Camp Lejeune Families Act of 2012, as so amended, is further amended by striking ‘‘September 30, 2023’’ and inserting ‘‘the date on which the pilot program required by subsection (a) of section 244 of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 commences at each of the locations described in subsection (e)(2)(A) of such section’’.
(f) ANNUAL REPORTS.— (1) IN GENERAL.—Not later than one year after the date of the commencement of the pilot pro- gram required by subsection (a) and each year thereafter for the duration of the pilot program, the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the Secretary with respect to the pilot program.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2552 (2) CONTENTS.—Each report submitted under paragraph (1) shall include the following: (A) The number of individuals who bene- fitted 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 de- termined by the Secretary under subsection (b)(2)(B).

(D) A description of how the funds are dis- tributed.

(E) The average amount of funds distrib- uted per instance, disaggregated by Vet Center.

(F) A description of any impediments to the Secretary in paying expenses or allowances under the pilot program.
(G) An assessment of the potential for fraudulent receipt of payment under the pilot program and the recommendations of the Sec- retary for legislative or administrative action to reduce such fraud.

(H) Such recommendations for legislative or administrative action as the Secretary con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2553 siders appropriate with respect to the payment of expenses or allowances.
(g) VET CENTER DEFINED.—In this section, the term ‘‘Vet Center’’ means a center for readjustment coun- seling and related mental health services for veterans under section 1712A of title 38, United States Code.

Subtitle E—VA Beneficiary Debt Collection Improvement Act SEC.

251.

SHORT TITLE.

This subtitle may be cited as the ‘‘VA Beneficiary Debt Collection Improvement Act of 2022’’.

SEC.

252.
SEC.

252.

PROHIBITION OF DEBT ARISING FROM OVERPAY- MENT DUE TO DELAY IN PROCESSING BY THE DEPARTMENT OF VETERANS AFFAIRS.

(a) BAR TO RECOVERY.— (1) IN GENERAL.—Chapter 53 of title 38, United States Code, is amended by inserting after section 5302A the following new section: ‘‘§ 5302B.
Prohibition of debt arising from overpay- ment due to delay in processing ‘‘(a) LIMITATION.—(1) Except as provided in para- graph (2), no individual may incur a debt to the United States that— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2554 ‘‘(A) arises from the participation of the indi- vidual in a program or benefit administered by the Under Secretary for Benefits; and ‘‘(B) is attributable to the failure of an em- ployee or official of the Department to process infor- mation 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 af- fect 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 de- tailed explanation of the right of the individual— ‘‘(A) to dispute the overpayment, including a detailed explanation of the process by which to dis- pute the overpayment; or ‘‘(B) to request a waiver of indebtedness.
‘‘(c) DELAY ON COLLECTION.—(1) Subject to para- graph (2), the Secretary may not take any action under section 3711 of title 31 regarding an overpayment de- scribed in a notice under subsection (b) of this section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2555 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 overpay- ment more difficult for an individual; ‘‘(B) likely to cause an unpaid debt to be re- ferred to the Treasury Offset Program; or ‘‘(C) not in the best interest of the individual.’’.
(2) CLERICAL AMENDMENT.—The table of sec- tions 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 proc- essing.’’.

(3) DEADLINE.—The Secretary of Veterans Af- fairs shall prescribe regulations to establish stand- ards 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 COM- MUNICATION OF DEBTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2556 (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 sub- mit to such committees a report on the improvement of the notification of and communication with indi- viduals who receive overpayments made by the Sec- retary.
(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 implementa- tion 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 pa- tient medical statements electronically.
(ii) The development and implementa- tion of a mechanism by which individuals eligible for benefits under the laws admin- istered by the Secretary may receive elec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2557 tronic correspondence relating to debt and overpayment information.
(iii) The development and implemen- tation of a mechanism by which individuals eligible for benefits under the laws admin- istered by the Secretary may access infor- mation related to Department of Veterans Affairs debt electronically.
(iv) The improvement and clarification of Department communications relating to overpayments and debt collection, including letters and electronic correspondence and including information relating to the most common reasons individuals eligible for benefits under the laws administered by the Secretary incur debts to the United States and the process for requesting a waiver of such debt.
The Secretary shall develop such improvements and clarifica- tions in consultation with veterans service organizations, labor organizations that rep- resent employees of the Department, other relevant nongovernmental organizations, the Committee on Veterans’ Affairs of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2558 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 pay- ments to individuals entitled to benefits under the laws administered by the Secretary, includ- ing 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 in- dividuals who are underpaid receive adequate compensation payments.
(D) A list of actions completed, implemen- tation steps, and timetables for each require- ment described in subparagraphs (A) through (C).

(E) A description of any new legislative authority required to complete any such re- quirement.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

253.

PROHIBITION ON DEPARTMENT OF VETERANS 2559 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 sub- paragraphs: ‘‘(A) a loan, loan-guaranty, or loan-insur- ance 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

254.

EXTENSION OF WINDOW TO REQUEST RELIEF 2560 FROM RECOVERY OF DEBT ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) IN GENERAL.—Section 5302(a) of title 38, United States Code, is amended by striking ‘‘180 days’’ and inserting ‘‘one year’’.

(b) EFFECTIVE DATE.—Subsection (a) shall take ef- fect on the date that is two years after the date of the enactment of this Act.

11 SEC.

255.

REFORMS RELATING TO RECOVERY BY DEPART- MENT OF VETERANS AFFAIRS OF AMOUNTS OWED BY INDIVIDUALS TO THE UNITED STATES.
(a) LIMITATION ON INDEBTEDNESS OFFSETS.—Sub- section (a) of section 5314 of title 38, United States Code, 17 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 in- debtedness is disputed under section 5314A of this title.’’.
(b) ADMINISTRATIVE PROCESS FOR DISPUTE OF EX- ISTENCE OR AMOUNT OF INDEBTEDNESS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2561 (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 pre- scribe regulations that establish an administrative process for the dispute of the existence or amount of an indebted- ness described in section 5314(a)(1) of this title (without regard to whether the Secretary has made a deduction under such section regarding such indebtedness).

‘‘(b) STANDARDS.—The process under subsection (a) shall be efficient, effective, and equitable.
‘‘(c) TIMELINESS.—The Secretary shall ensure that each dispute under subsection (a) proceeds in accordance with standards for timeliness prescribed by the Secretary under this section.

17 ‘‘(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 dis- pute pending under this section.


‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to modify the procedures for seek- ing review of a decision of the agency of original jurisdic- tion described in section 5104C(a)(1) of this title.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2562 (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 Depart- ment of Veterans Affairs for the dispute of the exist- ing or amount of an indebtedness that was in effect on the day before the date of the enactment of this Act.
(3) IMPROVEMENTS TO DEPARTMENT WEBSITE AND NOTICES.—In carrying out paragraph (2), the Secretary shall— (A) improve the website of the Depart- ment; and (B) ensure that such website and written notices sent to a person about indebtedness de- scribed in section 5314(a) of title 38, United States Code, contain all information a person needs to dispute such an indebtedness, includ- ing a description of— (i) the specific actions the person will need to take in order to dispute the indebt- edness; (ii) the documentation that will be re- quired for the dispute; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2563 (iii) how the documentation is to be submitted.

(4) CLERICAL AMENDMENT.—The table of sec- tions 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 in- debtedness described in paragraph (1) if the Secretary de- termines 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2564 (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 en- actment 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 Vet- erans 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 John- ny 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 in- serting the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2565 ‘‘(A) IN GENERAL.—Subsection (c)(2)’’; and (B) by adding at the end the following new subparagraph: ‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effective on the date of the enact- ment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.’’.
10 (b) ELIMINATION OF PROPERTY DISPOSITION RE- 11 QUIREMENTS.— (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 Regula- tions, or successor regulations.
(2) SUNSET.—Section 4201(b)(6) of the John- ny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improvement Act of 2020 (Public December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2566 Law 116–315; 134 Stat.

5010; 38 U.S.C.


2011 note) is amended— (A) by striking ‘‘During’’ and inserting the following: ‘‘(A) IN GENERAL.—During’’; and (B) by adding at the end the following new subparagraph: ‘‘(B) SUNSET.—Subparagraph (A) shall cease to be effective on the date of the enact- ment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022.’’.

SEC.

302.
SEC.

302.

MODIFICATIONS TO PROGRAM TO IMPROVE RE- TENTION OF HOUSING BY FORMERLY HOME- LESS VETERANS AND VETERANS AT RISK OF BECOMING HOMELESS.
Section 2013 of title 38, United States Code, is amended— (1) by redesignating subsection (b) as sub- section (d); (2) by inserting after subsection (a) the fol- lowing new subsections: ‘‘(b) SERVICES.—Services provided under the pro- gram shall include services to assist veterans described in subsection (a) with navigating resources provided by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2567 Federal Government and State, local, and Tribal govern- ments.
‘‘(c) STAFFING.—In geographic areas where individ- uals 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 pro- vided through one or more individuals with a master’s de- gree in social work who are undergoing training to meet such requirements, if such individuals are under the super- vision of an individual who meets such requirements.’’; 11 and (3) in subsection (d), as redesignated by para- graph (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 Sec- retary a report that describes the services provided or co- ordinated with amounts under such grant.’’.
SEC.

303.

MODIFICATIONS TO HOMELESS VETERANS RE- INTEGRATION 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 ap- propriations provided for such purpose, the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2568 Labor shall conduct, directly or through grant or contract, such programs as that Secretary determines appropriate to provide job training, counseling, and placement services (including job readiness and literacy and skills training) to expedite the reintegration into the labor force of— ‘‘(1) homeless veterans, including— ‘‘(A) veterans who were homeless but found housing during the 60-day period pre- ceding the date on which the veteran begins to participate in a program under this section; and ‘‘(B) veterans who are at risk of homeless- ness during the 60-day period beginning on the date on which the veteran begins to participate in a program under this section; ‘‘(2) veterans participating in the Department of Housing and Urban Development-Department of Veterans Affairs supported housing program for which rental assistance is provided pursuant to sec- tion 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)) or the Tribal HUD- VA Supportive Housing (Tribal HUD-VASH) pro- gram; ‘‘(3) Indians who are veterans and receiving as- sistance under the Native American Housing Assist- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2569 ance and Self-Determination 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 incarcerated; and ‘‘(5) veterans participating in the Department of Veterans Affairs rapid rehousing and prevention program authorized in section 2044 of this title.
‘‘(b) GRANTS.—(1) In awarding grants for purposes of conducting programs described in subsection (a), the Secretary of Labor shall, to the maximum extent prac- ticable, consider applications for fundable grants from en- tities in all States.
‘‘(2) In each State in which no entity has been award- ed a grant described in paragraph (1) as of the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary of Labor shall, in coordination with the Director of Veterans’ Employ- ment 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 tech- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2570 nical assistance to entities seeking a grant or contract under this section and recipients of a grant or contract under this section regarding the planning, development, and provision of services for which the grant or contract is awarded, including before and during the grant applica- tion or contract award period.
‘‘(2) The training and technical assistance provided under paragraph (1) shall include outreach and assistance specifically designed for entities serving regions and popu- 10 lations underserved by the programs conducted under this 11 section.

12 ‘‘(3) The Secretary of Labor may provide training and technical assistance under paragraph (1) directly or through grants or contracts with such public or nonprofit private entities as that Secretary considers appropriate.
‘‘(d) REQUIREMENT TO MONITOR EXPENDITURES OF FUNDS.—(1) The Secretary of Labor shall collect such in- formation as that Secretary considers appropriate to mon- itor and evaluate the distribution and expenditure of funds appropriated to carry out this section.

‘‘(2) Information collected under paragraph (1) shall include data with respect to the results or outcomes of the services provided to each homeless veteran under this 24 section.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2571 ‘‘(3) Information collected under paragraph (1) shall be furnished in such form and manner as the Secretary of Labor may specify.

‘‘(e) ADMINISTRATION THROUGH ASSISTANT SEC- RETARY OF LABOR FOR VETERANS’ EMPLOYMENT AND TRAINING.—The Secretary of Labor shall carry out this section through the Assistant Secretary of Labor for Vet- erans’ Employment and Training.
‘‘(f) PROVISION OF SERVICES TO VETERANS IN CER- TAIN INSTITUTIONS.—(1) The Attorney General of the United States shall permit a recipient of a grant or con- tract 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 16 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 pro- vided to veterans under this section and section 2023 of this title during the 18-month period preceding the release or discharge of a veteran from the institution.
‘‘(g) REPORT ON SERVICES PROVIDED.—(1) The Secretary of Labor shall require each recipient of a grant or contract under this section to submit to that Secretary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2572 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 Improve- ment 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 at- tained; ‘‘(vii) the average period of time the vet- eran was unemployed or underemployed before receiving services under this section and while receiving such services; and ‘‘(viii) housing status as of— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2573 ‘‘(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 re- ceiving services under this section who are eligible for health care and benefits provided by the Depart- ment of Veterans Affairs.
‘‘(h) REPORTS TO CONGRESS.—(1) Not less fre- quently 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 vet- erans under this section.

‘‘(B) An analysis of the information collected under subsection (d).
‘‘(C) An identification of— ‘‘(i) the total number of applications for grants under this section that the Secretary of Labor received during the fiscal year preceding the date on which the report is submitted; and ‘‘(ii) the number of such applications that were denied.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2574 ‘‘(D) With respect to each State in which no entity was awarded a grant under this section dur- ing the fiscal year preceding the date on which the report is submitted— ‘‘(i) an identification of the top five rea- sons why entities that applied for such a grant were not awarded the grant; and ‘‘(ii) information regarding the specific cri- teria used to score the applications and an ex- planation of if, how, or why such criteria dif- fered from the previous fiscal year.
‘‘(2) Not later than 180 days after the end of the program year that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improve- ment Act of 2022, and not later than 120 days after the end of each program year thereafter, the Secretary of Labor shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following: 22 23 24 ‘‘(A) Data obtained from the reports submitted under subsection (g), disaggregated by geographic location.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2575 ‘‘(B) The number of grants and contracts not awarded under this section due to insufficient funds.

‘‘(C) The number of returning recipients of grants or contracts that were and were not awarded grants or contracts under this section during the most recent application cycle.

‘‘(D) The number of applications received from entities in States in which no entities received a grant or contract under this section.
‘‘(E) The number of veterans who were admit- ted to a program conducted under this section but not placed in a job following participation in such program, disaggregated by geographic location, age, sex, and race or ethnicity.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to carry out this section amounts as follows: ‘‘(A) $50,000,000 for fiscal year 2002.

‘‘(B) $50,000,000 for fiscal year 2003.


‘‘(C) $50,000,000 for fiscal year 2004.

‘‘(D) $50,000,000 for fiscal year 2005.

‘‘(E) $50,000,000 for fiscal year 2006.

‘‘(F) $50,000,000 for each of fiscal years 2007 through 2023.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2576 ‘‘(G) $60,000,000 for fiscal year 2024 and each fiscal year thereafter.

‘‘(2) Funds appropriated to carry out this section shall remain available until expended.
Funds obligated in any fiscal year to carry out this section may be expended in that fiscal year and the succeeding fiscal year.’’.

(b) CONFORMING AMENDMENT.—Section 2021A(e) of title 38, United States Code, is amended by striking ‘‘section 2021(d)’’ and inserting ‘‘section 2021(h)(1)’’.

SEC.

304.

EXPANSION AND EXTENSION OF DEPARTMENT OF VETERANS AFFAIRS HOUSING ASSISTANCE FOR HOMELESS VETERANS.
(a) EXPANSION.—Subsection (a) of section 2041 of title 38, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting ‘‘or permanent housing’’ after ‘‘shelter’’; (B) in subparagraph (A), by striking ‘‘named in, or approved by the Secretary under, section 5902 of this title’’ and inserting ‘‘that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title’’; and (C) in subparagraph (B), by inserting ‘‘or tribal entity,’’ after ‘‘State’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2577 (2) in paragraph (3)(B)— (A) in clause (i)— (i) by inserting ‘‘or permanent hous- ing’’ after ‘‘shelter’’; (ii) by inserting ‘‘(I)’’ before ‘‘utilize’’; (iii) by striking the comma and insert- ing ‘‘; or’’; and (iv) by adding at the end the following new subclause: ‘‘(II) sell or rent the property directly to homeless veterans or veterans at risk of homelessness;’’; and (B) in each of clauses (ii) and (iii), by striking the comma and inserting a semicolon.
(b) EXTENSION.—Subsection (c) of such section is amended by striking ‘‘September 30, 2017’’ and inserting ‘‘September 30, 2026’’.

18 SEC.

305.

TRAINING AND TECHNICAL ASSISTANCE PRO- VIDED BY SECRETARY OF VETERANS AF- FAIRS 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2578 (2) by striking ‘‘(1) From amounts’’ and insert- ing ‘‘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 sec- tion 2016; and (B) by inserting after section 2013 the fol- lowing new sections 2014 and 2015: ‘‘§ 2014.
Training and technical assistance for recipi- ents of certain financial assistance ‘‘(a) IN GENERAL.—The Secretary shall provide training and technical assistance to recipients of grants under sections 2011 and 2013 of this title and recipients of per diem payments under sections 2012 and 2061 of this title regarding the planning, development, and provi- sion of services for which the grant or payment is made.
‘‘(b) PROVISION OF TRAINING AND TECHNICAL AS- SISTANCE.—The Secretary may provide training and tech- nical assistance under subsection (a) directly or through grants or contracts with such public or nonprofit private entities as the Secretary considers appropriate.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

‘‘§ 2015.
‘‘§ 2015.

Training and technical assistance for entities 2579 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 vet- erans at risk of, experiencing, or transitioning out of homelessness regarding— ‘‘(1) the provision of such services to such vet- erans; and ‘‘(2) the planning and development of such services.
‘‘(b) COORDINATION.—The Secretary may coordinate the provision of training and technical assistance under subsection (a) with the Secretary of Housing and Urban Development and the Secretary of Labor.
‘‘(c) ELEMENTS.—The training and technical assist- ance provided under subsection (a) shall include coordina- tion and communication of best practices among all pro- grams administered by the Veterans Health Administra- tion 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 sub- section (a) directly or through grants or contracts with December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2580 such public or nonprofit private entities as the Secretary considers appropriate.’’.
(2) USE OF AMOUNTS.—The Secretary of Vet- erans Affairs shall provide training and technical as- sistance under sections 2014 and 2015 of such title, as inserted by paragraph (1)(B), using amounts ap- propriated or otherwise made available to the De- partment 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 Eco- nomic Security Act (38 U.S.C.
2011 note) is amend- ed by striking ‘‘2014’’ and inserting ‘‘2016’’.

(4) CLERICAL AMENDMENT.—The table of sec- tions 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 as- sistance.

‘‘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.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

306.

MODIFICATION OF ELIGIBILITY REQUIREMENTS 2581 FOR ENTITIES COLLABORATING WITH THE SECRETARY OF VETERANS AFFAIRS TO PRO- VIDE CASE MANAGEMENT SERVICES TO HOMELESS VETERANS IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-DE- PARTMENT OF VETERANS AFFAIRS SUP- PORTED HOUSING PROGRAM.
Section 304(c)(2)(A) of the Honoring America’s Vet- erans and Caring for Camp Lejeune Families Act of 2012 (38 U.S.C.
2041 note) is amended— (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), re- spectively; and (2) by inserting after subparagraph (A) the fol- lowing new subparagraph (B): ‘‘(B) providing case management services to veterans for obtaining suitable housing at varying locations nationwide or in the area or areas similar to where the services will be pro- vided under the relevant contract or agree- ment;’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

307.

DEPARTMENT OF VETERANS AFFAIRS SHARING 2582 OF INFORMATION RELATING TO COORDI- NATED ENTRY PROCESSES FOR HOUSING AND SERVICES OPERATED UNDER DEPART- MENT OF HOUSING AND URBAN DEVELOP- MENT CONTINUUM OF CARE PROGRAM.
(a) IN GENERAL.—The Under Secretary for Health of the Department of Veterans Affairs shall— (1) provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and (2) ensure that such information, and other re- sources the Under Secretary determines are appro- priate, are accessible to such staff and providers.
(b) INFORMATION DESCRIBED.—The information de- scribed in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homeless- ness service providers of the Department, and local part- ners (including local offices of the Department of Housing and Urban Development or public housing agencies, and private and public local community organizations) on the centralized or coordinated assessment systems established and operated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, in- 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2583 cluding making referrals and sharing data, as the Under Secretary determines appropriate.

SEC.

308.

DEPARTMENT OF VETERANS AFFAIRS COMMU- NICATION WITH EMPLOYEES RESPONSIBLE FOR HOMELESSNESS ASSISTANCE PRO- GRAMS.
The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with em- ployees of the Department of Veterans Affairs whose re- sponsibilities are related to homelessness assistance pro- 11 grams 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.
SEC.

309.

SYSTEM FOR SHARING AND REPORTING DATA.

(a) IN GENERAL.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall work together to develop a system for effectively sharing and reporting data between the community-wide homeless management information system described in section 402(f)(3) of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C.

11360a(f)(3)) and the Homeless Op- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2584 erations Management and Evaluation System of the De- partment of Veterans Affairs.

(b) DEADLINE.—The Secretary of Veterans Affairs and the Secretary of Housing and Urban Development shall ensure that the system developed under subsection (a) is operational not later than three years after the date of the enactment of this Act.

SEC.

310.

PILOT PROGRAM ON GRANTS FOR HEALTH CARE FOR HOMELESS VETERANS.
(a) PILOT PROGRAM REQUIRED.—Not later than one year after the date of the enactment of this Act, the Sec- retary 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 15 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 home- less.
(b) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program.

(c) AWARD OF GRANTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2585 (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 pro- viding 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 el- igible entities that are recipients of grants under sections 2012 and 2061 of title 38, United States Code, as of the date on which the entity applies for a grant under this section.
(4) EQUITABLE DISTRIBUTION; PRIORITIZATION.— (A) EQUITABLE DISTRIBUTION.—The Sec- retary shall ensure that, to the extent prac- ticable, grant amounts awarded under para- graph (1) are equitably distributed among eligi- ble entities across geographic regions.
(B) PRIORITIZATION.—In awarding grants under this section, and in compliance with para- graphs (2) and (3), the Secretary may prioritize eligible entities located— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2586 (i) in rural communities; (ii) on Tribal lands; and (iii) in areas where there is a signifi- cant population of veterans aged 55 years old and older.
(5) INTERVALS OF PAYMENT AND MAXIMUM GRANT AMOUNT.—The Secretary may establish in- tervals 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 vet- erans described in subsection (a) who require assist- ance with activities of daily living or need consistent medical attention and monitoring; and (2) may use such amounts for supplies, admin- istrative support, and infrastructure needs associ- ated with the duties of such staff and the needs of such veterans.
(e) REQUIREMENTS FOR RECEIPT OF GRANTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2587 (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 serv- ices 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 re- spect to the provision of clinical services to eli- gible individuals or any other provisions of the law regarding the delivery of health care by the Secretary; (B) inform each veteran who receives as- sistance under this section from the entity of the ability of the veteran to apply for enroll- ment 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 Sec- retary shall require each eligible entity awarded a grant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2588 under this section to submit to the Secretary a report that describes the services provided or coordinated with amounts under such grant.
(g) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the pilot program commences.
(h) REPORTS TO CONGRESS.— (1) IN GENERAL.—Not later than one year after the date on which the first grants are awarded under this section, and annually thereafter until the program terminates, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the effective- ness of the program.
(2) ELEMENTS.—The report required by para- graph (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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2589 (E) whether or not a veteran received health care from the Department during the two-year period preceding the date on which the veteran began participating in the program; (F) the number of veterans who transitioned into permanent housing as a result of participation in the program; (G) with respect to veterans who did not transition into permanent housing as a result of participation in the program, the main reasons for not so transitioning; (H) discharge status; and (I) eligibility for health care provided by the Department of Veterans Affairs.
SEC.

311.

PILOT PROGRAM ON AWARD OF GRANTS FOR SUBSTANCE USE DISORDER RECOVERY FOR HOMELESS VETERANS.
(a) PILOT PROGRAM REQUIRED.—Not later than 270 days after the date of the enactment of this Act, the Sec- retary 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2590 are transitioning to permanent housing, or are at risk of becoming homeless.

(b) DURATION.—The Secretary shall carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program.

(c) LOCATIONS.—The Secretary shall carry out the pilot program at not fewer than five locations selected by the Secretary for purposes of the pilot program.
(d) AWARD OF GRANTS.— (1) IN GENERAL.—In carrying out the pilot program, the Secretary shall award a grant to an el- igible entity for each veteran with substance use dis- order participating in the pilot program for which the eligible entity is providing or coordinating the provision of recovery services for substance use dis- order under the pilot program.
(2) INTERVALS OF PAYMENT AND MAXIMUM AMOUNTS.—The Secretary may establish intervals of payment for the administration of grants under this section and a maximum amount to be awarded, in accordance with the services being provided and the duration of such services.
(3) PREFERENCE.—In awarding grants under paragraph (1), the Secretary shall give preference to eligible entities providing or coordinating the provi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2591 sion 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 Sec- retary 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 serv- ices 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 re- spect to the provision of clinical services to eli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2592 gible individuals or any other provisions of law regarding the delivery of health care by the Sec- retary; (B) inform each veteran who receives as- sistance under this section from the entity of the ability of the veteran to apply for enroll- ment in the patient enrollment system of the Department under section 1705(a) of title 38, United States Code; and (C) if such a veteran wishes to so enroll, inform the veteran of a point of contact at the Department who can assist the veteran in such enrollment.
(f) GRANT APPLICATION.— (1) IN GENERAL.—An eligible entity seeking the award of a grant under this section shall submit to the Secretary an application therefor in such form, in such manner, and containing such commit- ments and information as the Secretary considers necessary to carry out this section.
(2) CONTENTS OF APPLICATION.—Each appli- cation submitted by an eligible entity under para- graph (1) shall contain the following: (A) A description of the recovery services for substance use disorder proposed to be pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2593 vided by the eligible entity under the pilot pro- gram and the identified need for those services.

(B) A description of the types of veterans with substance use disorder proposed to be pro- vided such recovery services.

(C) An estimate of the number of veterans with substance use disorder proposed to be pro- vided such recovery services.
(D) Evidence of the experience of the eligi- ble entity in providing such recovery services to veterans with substance use disorder.

(E) A description of the managerial capac- ity 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2594 (A) IN GENERAL.—The Secretary shall es- tablish criteria for the selection of eligible enti- ties to be awarded grants under this section.

(B) ELEMENTS.—Criteria established under subparagraph (A) with respect to an eli- gible entity shall include the following: (i) Relevant accreditation as may be required by each State in which the eligible entity operates.
(ii) Experience coordinating care or providing treatment for veterans or mem- bers of the Armed Forces.

(g) PARTICIPATION.—Participation by a veteran in the pilot program shall not affect any eligibility status or requirements for such veteran with respect to other bene- fits 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2595 (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 PRO- GRAM.— (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 re- quired by paragraph (1), the Secretary shall com- pare the results of the pilot program with other pro- grams of the Department dedicated to the delivery to veterans of recovery services for substance use disorder.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2596 (3) CRITERIA.—In making the comparison re- quired by paragraph (2), to the extent data is avail- able, the Secretary shall examine the following: (A) The satisfaction of veterans targeted by the programs described in paragraph (2).

(B) The health status of such veterans, in- cluding mental health.

(C) The degree to which such programs encourage such veterans to engage in produc- tive activity.
(D) The number of veterans using such programs, disaggregated by— (i) veterans who have received health care provided by the Department during the two-year period preceding the conduct of the study; (ii) veterans who have not received health care provided by the Department during such period; (iii) veterans eligible for health care provided by the Department, disaggregated by— (I) veterans eligible for services from the Department similar to serv- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2597 ices 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 im- pacts 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Af- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2598 fairs 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 enti- ty’’ 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 recov- ery services for substance use disorder pro- vided under this section; and (iii) that is approved by the Secretary with respect to financial responsibility.
(B) A for-profit limited partnership, the sole general partner of which is an organization meeting the requirements of subparagraph (A).

(C) A corporation wholly owned and con- trolled by an organization meeting the require- ments of subparagraph (A).

(D) A tribally designated housing entity (as defined in section 4 of the Native American December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2599 Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4103)).

(2) SUBSTANCE USE DISORDER.—The term ‘‘substance use disorder’’, with respect to a veteran, means the veteran has been diagnosed with, or is seeking treatment for, substance use disorder, as de- termined 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 Comp- troller 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 Rep- resentatives a report on the availability of affordable hous- ing for veterans who have or are participating in any pro- gram 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 pre- ceding the date of the enactment of this Act, the following: (1) The number of veterans using housing vouchers under the program carried out under sec- tion 8(o)(19) of the United States Housing Act of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2600 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 vet- erans 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 de- scribed in paragraph (1); (B) housing vouchers described in such paragraph; or (C) housing that meets the requirements and limitations with respect to such vouchers.
(c) DISAGGREGATION.—The contents of the report described in paragraphs (1), (2), and (4) of subsection (b) shall be disaggregated by veterans with a household in- come that does not exceed— 25 (1) the area median income; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2601 (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.
SEC.

313.

STUDY ON FINANCIAL AND CREDIT COUNSELING.
(a) STUDY REQUIRED.—The Secretary of Veterans Affairs shall conduct a comprehensive study on— (1) the use of and variation of financial and credit counseling services available for homeless vet- erans 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 poten- tial effects of financial and credit counseling for such veterans with respect to housing, employment, income, and other outcomes the Secretary deter- mines appropriate.
(b) METHODOLOGY.—In conducting the study under subsection (a), the Secretary shall— (1) survey— (A) homeless veterans and veterans experi- encing housing instability who are enrolled in the Supportive Services for Veterans Families program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2602 (B) such veterans who do not seek or re- ceive 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 coun- seling services that the Secretary determines appropriate; and (2) administer the survey to a representative sample of homeless veterans and veterans experi- encing housing instability in areas with high veteran homelessness.
(c) USE AND VARIATION OF SERVICES.—In con- ducting 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 col- lected by other departments or agencies of the Fed- eral Government, and data collected by nongovern- mental entities to compare the use of and variation of financial and credit counseling services available for homeless veterans and veterans experiencing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2603 housing instability and such use and variation for other individuals; and (2) assess such services made available through the Supportive Services for Veterans Families pro- gram, 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 seek- ing financial and credit counseling assistance.
(3) The effect of driving distance or availability of other forms of transportation to the nearest facil- ity that received a grant under the Supportive Serv- ices for Veterans Families program.

(4) The availability of child care.

(5) The comprehension of eligibility require- ments for, and the scope of services available under, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2604 the Supportive Services for Veterans Families pro- gram.
(6) The effectiveness of outreach for the serv- ices available to such veterans under the Supportive Services for Veterans Families program.

(7) The location and operating hours of facili- ties that provide services to such veterans under the Supportive Services for Veterans Families program.

(8) The COVID–19 pandemic and other health related issues.

(9) Such other significant barriers as the Sec- retary considers appropriate.
(e) EVALUATION AND ASSESSMENT OF EFFECTS OF COUNSELING.— (1) EFFECTS.—In conducting the study under subsection (a)(3), the Secretary shall conduct re- search on the ability to evaluate and assess the po- tential effects of financial and credit counseling serv- ices on homeless veterans and veterans experiencing housing instability with respect to the following: (A) The effects of such services on employ- ment by comparing the veterans who received such services and the veterans who did not re- ceive such services.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2605 (B) The effects of such services on housing status by comparing the veterans who received such services and the veterans who did not re- ceive 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 re- ceive such services.

(E) The effects of such services on other outcomes the Secretary determines appropriate.
(2) DATA AND RECOMMENDATIONS.—In car- rying out paragraph (1), the Secretary shall— (A) determine the relevant data that is available to the Secretary and determine the confidence of the Secretary with respect to ac- cessing 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2606 (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 Depart- ment 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 Oper- ations 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2607 (3) SPECIFIED ELEMENTS.—The elements of the Department of Veterans Affairs specified in this paragraph are the following: (A) The Advisory Committee on Homeless Veterans established under section 2066 of title 38, United States Code.

(B) The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code.
(C) The Advisory Committee on Minority Veterans established under section 544 of title 38, United States Code.

(D) The Homeless Programs Office of the Veterans Health Administration.

(E) The Office of Tribal Government Rela- tions of the Department.

(h) REPORTS.— (1) INTERIM REPORT.—Not later than one year after the date of the enactment of this Act, the Sec- retary 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2608 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 admin- istrative and legislative action as the Sec- retary considers appropriate.
(i) DEFINITION.—In this section: (1) HOMELESS VETERANS AND VETERANS EX- PERIENCING HOUSING INSTABILITY.—The term ‘‘homeless veterans and veterans experiencing hous- ing instability’’ means veterans who are homeless (as that term is defined in subsection (a) or (b) of sec- tion 103 of the McKinney–Vento Homeless Assist- ance Act (42 U.S.C.

11302)).
11302)).

(2) SUPPORTIVE SERVICES FOR VETERANS FAMILIES PROGRAM.—The term ‘‘Supportive Serv- ices for Veterans Families program’’ means the pro- gram established pursuant to section 2044 of title 38, United States Code.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2609 TITLE IV—OTHER MATTERS SEC.

401.

DEPARTMENT OF VETERANS AFFAIRS SUPPLY CHAIN RESILIENCY.
(a) REPORT ON CRITICAL ITEMS AND REQUIRE- MENTS.—Not later than 90 days after the date of the en- actment 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 10 following: (1) A description of the items and types of items the Secretary considers critical with respect to— (A) the ongoing response to the Coronavirus 2019 (COVID–19) pandemic; and (B) future epidemic, pandemic, emergency, national emergency, or natural disaster sce- narios.
(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 De- partment of Veterans Affairs.

(3) The anticipated quantities of the items de- scribed in paragraph (1) that would be necessary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2610 under potential epidemic, pandemic, emergency, na- tional emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes.

(4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3).
(b) PARTICIPATION IN WARSTOPPER PROGRAM.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Sec- retary of Veterans Affairs and the Secretary of De- fense shall enter into an agreement to provide for the participation of the Department of Veterans Af- fairs in the program known as the ‘‘Warstopper Pro- gram’’ of the Defense Logistics Agency, or any suc- cessor program.
(2) REQUIREMENTS.—Pursuant to the agree- ment 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 appro- priate for the Warstopper Program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2611 (B) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identi- fication of the items and types of items that are critical to the needs of the Department of Vet- erans Affairs; and (C) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distribu- tors 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 participa- tion of the Department of Veterans Affairs in the Warstopper Program pursuant to subsection (b).
(d) PROHIBITION ON EXCLUSIVE RELIANCE ON RE- GIONAL INVENTORIES.—The Secretary of Veterans Af- fairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, na- tional emergency, or natural disaster situations.
(e) REPORT ON IMPLEMENTATION.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2612 (1) IN GENERAL.—Not later than 450 days after the date of the enactment of this Act, the Sec- retary of Veterans Affairs 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 implementation of this section.
(2) CONTENTS.—The report submitted under paragraph (1) shall contain each the following: (A) An implementation plan for the par- ticipation of the Department of Veterans Af- fairs in the Warstopper Program, including milestones and timelines for related administra- tive, contracting, and readiness activities.
(B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)— (i) the method by which the Secretary of Veterans Affairs plans to ensure the De- partment continues to have access to ade- quate quantities of such items and types of items, including in the Warstopper Pro- gram, in regional, physical inventories, or other methods; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2613 (ii) justifications for the method or methods identified under clause (i).

(3) UPDATES TO REPORT.—The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under such paragraph and submit such updates to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives.

SEC.

402.
SEC.

402.

IMPROVEMENTS TO EQUAL EMPLOYMENT OP- PORTUNITY FUNCTIONS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) ALIGNMENT OF EQUAL EMPLOYMENT OPPOR- TUNITY DIRECTOR.— (1) REPORTING AND DUTIES.—Subsection (h) of section 516 of title 38, United States Code, is amended— (A) by striking ‘‘The provisions’’ and in- serting ‘‘(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 Rob- ert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, in carrying out paragraph December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2614 (1), the Secretary shall ensure that the official of the De- partment who serves as the Equal Employment Oppor- tunity 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 De- partment 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 Sec- retary’’; and (B) in subsection (e)(1)(A), by striking ‘‘the Assistant Secretary for Human Resources and Administration’’ and inserting ‘‘the Sec- retary’’.
(b) ALIGNMENT OF EEO PROGRAM MANAGERS.— Such section is further amended by adding at the end the following new subsection: 23 24 25 ‘‘(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 Vet- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2615 erans Benefits and Health Care Improvement Act of 2022, the Secretary shall ensure that each Equal Employ- ment Opportunity program manager of the Department at the facility level reports to the head of the Office of Resolution Management, or such successor office estab- lished pursuant to subsection (a), with respect to the equal employment functions of the program manager.’’.
(c) REPORTING HARASSMENT AND EMPLOYMENT DISCRIMINATION COMPLAINTS.—Subsection (a) of such 10 section is amended— (1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and (2) by adding at the end the following new paragraph: ‘‘(2) The Secretary shall ensure that the employment discrimination complaint resolution system established under paragraph (1) requires that any manager of the De- partment who receives a sexual or other harassment or employment discrimination complaint reports such com- plaint to the Office of Resolution Management, or suc- cessor 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 25 amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2616 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and (2) by adding at the end the following new paragraph: ‘‘(2)(A) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimination, includ- ing with respect to processes under the Harassment Pre- vention Program of the Department, or such successor program.
15 16 17 ‘‘(B) An employee of the Department who is hired on or after such date shall receive the first such manda- tory annual training not later than 60 days after being 18 hired.’’.
19 20 (e) HARASSMENT AND EMPLOYMENT DISCRIMINA- TION POLICIES AND DIRECTIVES.—The Secretary of Vet- 21 erans Affairs shall— 22 23 24 25 (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 relat- ing to sexual and other harassment and employment December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2617 discrimination of the Department of Veterans Af- fairs 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 De- partment, or successor office; and (2) by not later than 180 days after the date of the enactment of this Act, issue a final directive and a handbook for the Harassment Prevention Pro- gram of the Department.
(f) SEMIANNUAL REPORTS.—Not later than 180 days after the date of the enactment of this Act, and semiannu- ally thereafter for one year, the Secretary of Veterans Af- fairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the progress the Secretary has made in carrying out this section and sec- tion 516 of title 38, United States Code, as amended by this section, including with respect to reporting sexual and other harassment and employment discrimination com- plaints pursuant to subsection (a)(2) of such section 516.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2618 SEC.

403.

DEPARTMENT OF VETERANS AFFAIRS INFORMA- TION TECHNOLOGY REFORM ACT OF 2022.

(a) IN GENERAL.—Chapter 81 of title 38, United States Code, is amended by adding at the end the fol- lowing new subchapter: ‘‘SUBCHAPTER VI—INFORMATION TECHNOLOGY PROJECTS AND ACTIVITIES ‘‘§ 8171.
Definitions ‘‘In this subchapter: ‘‘(1) The term ‘appropriate congressional com- mittees’ means— ‘‘(A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

‘‘(2) The term ‘information technology’ has the meaning given that term in section 11101 of title 40.
‘‘(3)(A) The term ‘information technology project’ means a project or program of the Depart- ment (including a project or program of any element of the Department) for, or including, the acquisition or implementation of information technology.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2619 ‘‘(B) In cases where the Secretary transmits to the Director of the Office of Management and Budg- et information regarding information technology in- vestments, which may consist of individual or mul- tiple projects, the term ‘information technology project’ refers to an individual project or program or a grouping of multiple projects or programs result- ing 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 Sec- retary, the Chief Information Officer of the De- partment, or the Director of the Office of Man- agement 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 esti- mated by the Secretary to exceed— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2620 ‘‘(i) $1,000,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or ‘‘(ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) annually.

‘‘(6) The term ‘business owner’ means, with re- spect to an information technology project, the pro- gram manager, project manager, or other super- visory official of the Department responsible for the project.

‘‘§ 8172.
Management of major information tech- nology projects ‘‘(a) COST, SCHEDULE, AND PERFORMANCE INFOR- MATION.—(1) The Secretary shall, acting through the Chief Information Officer of the Department, submit to the appropriate congressional committees a report con- taining information on the cost, schedule, and perform- ance of each major information technology project that be- gins 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, as gen- erated by the business owner of the project, prior to the commencement of such project.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2621 ‘‘(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, imple- mentation costs, and life cycle costs.
‘‘(B) An intended implementation schedule indi- cating significant milestones, initial operating capa- bility, and full operating capability or completion.

‘‘(C) Key business, functional, and performance objectives.
‘‘(b) BASELINE.—(1) The Secretary shall use the in- formation on the cost, schedule, and performance of a major information technology project included in the re- port 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 sub- section (c); and ‘‘(B) include such updated baseline in the docu- ments providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President’s budget submission pursuant to section 1105 of title 31.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2622 ‘‘(c) CHANGES AND VARIANCES.—(1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate con- gressional 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 de- 12 scribed in this paragraph is— ‘‘(A) with respect to the acquisition, implemen- tation, or life cycle cost of the project, or develop- ment increment therein, a change or variance that is 10 percent or greater compared to the baseline; ‘‘(B) with respect to the schedule for a develop- ment increment or for achieving a significant mile- stone, initial operating capability, or full operating capability, or for the final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or ‘‘(C) with respect to the performance, an in- stance where a key business, functional, or perform- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2623 ance 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 man- aged by an interdisciplinary team consisting of the fol- lowing: ‘‘(1) A project manager who— ‘‘(A)(i) is certified in project management at level three by— ‘‘(I) the Department; ‘‘(II) the Federal Acquisition Institute pursuant to section 1201 of title 41; or ‘‘(III) the Department of Defense pursuant to section 1701a of title 10; or ‘‘(ii) holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and ‘‘(B) is an employee of the Office of Infor- mation 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2624 ‘‘(3) A technical lead who is an employee of the Office of Information and Technology of the Depart- ment.

‘‘(4) A contracting officer.


‘‘(5) Sufficient other project management, func- tional, technical, and procurement personnel as the Secretary determines appropriate.

‘‘§ 8173.
Information technology activities of the Fi- nancial Services Center ‘‘(a) MANAGEMENT.—Consistent with sections 11302 11 and 11319 of title 40— ‘‘(1) the Chief Information Officer of the De- partment shall— ‘‘(A) exercise authority over the manage- ment, governance, and oversight processes relat- ing to existing or proposed information tech- nology 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 Cen- ter of the Department, or the head of such successor office, may not enter into a contract or other agree- ment for information technology or information tech- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2625 nology services unless the contract or other agree- ment has been reviewed and approved by the Chief Information Officer.

‘‘(b) OVERSIGHT.—The Chief Information Officer shall have oversight and operational authority over all in- formation security practices of the Financial Services Cen- ter of the Department.

‘‘§ 8174.
‘‘§ 8174.

Submission of annual reviews of information technology ‘‘(a) IN GENERAL.—The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of 14 the Department conducted pursuant to section 15 11319(d)(3) of title 40.
16 17 18 ‘‘(b) FIRST SUBMISSION.—The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 19 11319(d)(3) of title 40.

20 ‘‘§ 8175.
‘‘§ 8175.

Information technology matters to be in- cluded 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 Con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2626 gress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), such budget justification materials include a list of every infor- mation technology project currently in effect at the De- partment (including not only congressional projects and subprojects as determined by the Director of the Office of Management and Budget or the Secretary).
‘‘(b) PRIORITIZED LIST OF UNFUNDED PROJECTS.— (1) In addition to the list included in the budget justifica- tion materials required by subsection (a), the Secretary shall ensure that the budget justification materials de- scribed in such subsection also include summary descrip- tions and a prioritized list, in rank order, of every informa- tion technology project of the Department, proposed or in- tended to be proposed for the following one, two, or three fiscal years, that is unfunded as of the time of the inclu- sion of the list under this paragraph.
‘‘(2) In producing the list required by paragraph (1), 20 the Secretary shall— ‘‘(A) ensure such list represents a ranking of all proposed information technology projects that re- flects the needs of all elements of the Department; ‘‘(B) produce one unified list for the entire De- partment demonstrating how the various proposed December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2627 information technology projects of each of the ele- ments of the Department rank in priority with the information technology projects of the other ele- ments of the Department; and ‘‘(C) ensure that the list— ‘‘(i) does not disaggregate and rank infor- mation technology projects based on element of the Department; and ‘‘(ii) does identify the element of the De- partment 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 re- spect to joint functional-technical planning, require- ments, and management.
‘‘(ii) Operational or efficiency benefits to em- ployees of the Department created or produced by the information technology project.

‘‘(iii) The life cycle cost of the information tech- nology project.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2628 ‘‘(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 tech- nology project, the likelihood the information tech- nology project will be completed, or the risks associ- ated 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 con- siders appropriate.
‘‘(B) The Secretary shall ensure that each list pro- duced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Secretary with respect to each as- sessment carried out by the Secretary for each factor for the information technology project under subparagraph (A).
‘‘(c) PROJECTED FUNDING NEEDS.—(1) In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification mate- rials described in subsection (a) also include a projection of the one-year, two-year, and three-year funding needs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2629 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 manage- ment category used by the Office of Information Tech- nology of the Department (commonly referred to as ‘cost pools’ and ‘towers’).’’.
13 14 (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding 15 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 justifica- tion materials for the Department.’’.

16 17 (c) APPLICATION AND REPORT REGARDING MANAGE- MENT OF MAJOR INFORMATION TECHNOLOGY 18 PROJECTS.— 19 20 21 22 (1) CURRENT AND NEW MAJOR PROJECTS.— Except as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2630 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 re- port on each major information technology project that the Secretary is carrying out as of the date of the report.
(B) CONTENTS.—The report submitted under subparagraph (A) shall contain, with re- spect to each project described in such subpara- graph, information on the cost, schedule, and performance of the project as described in sub- section (a) of section 8172 of such title, as so added.
(3) DEFINITIONS.—In this subsection, the terms ‘‘appropriate congressional committees’’ and ‘‘major information technology project’’ have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2631 (d) INFORMATION TECHNOLOGY ACTIVITIES OF THE FINANCIAL SERVICES CENTER.— (1) EFFECTIVE DATE.—Section 8173 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act.

(2) APPLICABILITY.—Subsection (a)(2) of such section shall apply with respect to contracts and agreements entered into on or after the date of the enactment of this Act.
(e) EFFECTIVE DATE OF REQUIREMENT FOR PROJECTS IN BUDGET JUSTIFICATION MATERIALS.— Subsection (c) of section 8175 of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act.

16 SEC.

404.

REPORT ON INFORMATION TECHNOLOGY DASH- BOARD INFORMATION.
(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees a report con- 23 taining— 24 25 (1) an explanation of the ratings, rankings, and risk categorizations used by the Chief Information December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2632 Officer pursuant to subparagraph (C) of section 11302(c)(3) of title 40, United States Code, with re- spect to the information technology dashboard, or successor system, of the Office of Management and Budget developed under such section; and (2) copies of supporting or explanatory informa- tion provided by the Chief Information Officer to the Office of Management and Budget with respect to submissions by the Chief Information Officer to the information technology dashboard, or successor sys- tem, 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 congres- sional committees’’ has the meaning given such term in section 8171 of title 38, United States Code, as added by section 403.

19 SEC.

405.

IMPROVEMENTS TO TRANSPARENCY OF LAW EN- FORCEMENT 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2633 ‘‘(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 pre- vious five-year period regarding— ‘‘(i) arrests made by and tickets issued by Department police officers; ‘‘(ii) prosecutions, ticketing, and other ac- tions relating to such arrests; ‘‘(iii) the use of force and weapons dis- charge by Department police officers; and ‘‘(iv) complaints, investigations, and dis- ciplinary 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 indi- vidual (or the representative, attorney, or authorized agent of the individual) to request information re- garding the arrest, ticketing, detainment, use of force, or other police matters pertaining to that indi- vidual.
‘‘(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 para- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2634 graph (1)(B) the information described in such para- graph.’’.
(b) USE OF BODY WORN CAMERAS BY DEPARTMENT POLICE OFFICERS.— (1) REQUIREMENT.—Subsection (a) of such section 902 is amended by adding at the end the fol- lowing new paragraph: ‘‘(3) Beginning not later than 180 days after the date of the enactment of the Joseph Maxwell Cleland and Rob- ert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall re- quire 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 cam- eras’).’’.
(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 amend- ed by paragraph (1).
(3) CONSULTATION.—The Secretary shall issue the guidance under paragraph (2) in consultation with veterans service organizations, civil rights orga- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2635 nizations, law enforcement organizations, law en- forcement accreditation organizations, privacy rights organizations, and other relevant organizations or experts.
(c) DATA AND REPORTING ON POLICE INCIDENTS.— Section 902 of title 38, United States Code, as amended by subsection (a), is further amended by adding at the end the following new subsection: ‘‘(f) POLICE INCIDENTS.—(1)(A) The Secretary shall track and analyze the following information regarding the police force of the Department: ‘‘(i) Arrests made by and tickets issued by De- partment police officers.

‘‘(ii) Prosecutions, ticketing, and other actions relating to such arrests.
‘‘(iii) The use of force and weapons discharge.

‘‘(iv) Complaints, investigations, and discipli- nary actions.

‘‘(B) The Secretary shall carry out subparagraph (A) by implementing one or more Department-wide data sys- tems.
22 23 24 25 ‘‘(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2636 ensure that each incident described in subparagraph (C) is promptly reported to the Assistant Secretary with re- sponsibility for operations, preparedness, security, and law enforcement functions.
‘‘(B) The Assistant Secretary shall, in a timely man- ner— ‘‘(i) review each incident described in subpara- graph (C)(i) that is reported under subparagraph (A); and ‘‘(ii) investigate each incident described in sub- paragraph (C)(ii) that is reported under subpara- graph (A).

‘‘(C) An incident described in this subparagraph is either of the following: ‘‘(i) An incident, including an allegation, of the use of force by a Department police officer.
‘‘(ii) An incident, including an allegation, of the use of force by a Department police officer that re- sults 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, in- 23 cluding with respect to— 24 25 (1) the number of Department police officers assigned to each facility; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2637 (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 Sec- retary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a re- port on the implementation of this section and the amendments made by this section.
(2) CONTENTS.—The report required by para- graph (1) shall include the following: (A) With respect to the staffing needs of the Department police force— (i) identification of the amount of turnover among Department police offi- cers; (ii) how the compensation for Depart- ment police officers affects such turnover; (iii) a comparison of such compensa- tion 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 sub- section (d), including— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2638 (I) estimates on the costs to carry out the plan; and (II) any recommendations for legislative actions required to carry out the plan.

(B) With respect to body worn cameras, a review of the implementation and use of body worn cameras by Department police officers, in- cluding 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 indi- vidual police officer’s person that records and stores audio and video.

(2) DEPARTMENT POLICE OFFICER.—The term ‘‘Department police officer’’ means an employee of the Department of Veterans Affairs described in sec- tion 902(a) of title 38, United States Code.

SEC.

406.

PLAN FOR REDUCTION OF BACKLOG OF FREE- DOM OF INFORMATION ACT REQUESTS.
(a) PLAN.— (1) IN GENERAL.—The Secretary of Veterans Affairs shall establish and carry out a plan for the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2639 Secretary to meet, by not later than five years after the date of the enactment of this Act, the require- ments of section 552 of title 5, United States Code, (commonly known as the ‘‘Freedom of Information Act’’ or ‘‘FOIA’’) with respect to providing docu- ments and information under such section within the timeframes required by such section.
(2) ELEMENTS.—The plan required by para- graph (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 infor- mation technology of the Department of Vet- erans 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2640 (b) COMPLIANCE ASSESSMENT.—The Secretary shall request the Director of the Office of Government Informa- tion Services of the National Archives and Records Admin- istration to conduct an assessment of the compliance by the Department of Veterans Affairs with section 552 of title 5, United States Code.
(c) REPORTS.— (1) INITIAL REPORT.— (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Com- mittee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on imple- menting subsections (a) and (b).

(B) CONTENTS.—The report required by subparagraph (A) shall include the following: (i) The plan established under sub- section (a).
(ii) An analysis of the root causes of the backlog of Freedom of Information Act requests.

(iii) Recommendations with respect to any additional resources or legislative ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2641 tion the Secretary determines necessary for such implementation.
(2) ANNUAL REPORTS.—During the five-year period following the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives annual reports on— (A) carrying out the plan under subsection (a), including any updates or changes made to the plan; and (B) the compliance by the Department as described in subsection (b).
(3) PUBLICATION.—The Secretary shall make publicly available on the internet website of the De- partment 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 Rep- resentatives.
(d) DEFINITION OF BACKLOG OF FREEDOM OF IN- FORMATION ACT REQUESTS.—In this section, the term ‘‘backlog of Freedom of Information Act requests’’ means the number of requests, as reported by the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2642 Veterans Affairs to the Attorney General in the Annual FOIA Report, made by individuals to the Secretary pursu- ant to section 552 of title 5, United States Code, for docu- ments or information that the Secretary has not fulfilled or provided a response to the individual.

SEC.

407.

MEDAL OF HONOR SPECIAL PENSION TECHNICAL CORRECTION.

(a) IN GENERAL.—Section 2003(a) of the Johnny Isakson and David P. Roe, M.D.
Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116– 315) is amended by striking ‘‘$1,388.68’’ and inserting 12 ‘‘$1,406.73’’.

13 (b) CORRECTION TO CERTAIN PENSION PAY- 14 MENTS.— (1) CORRECT CODIFICATION.—Section 1562(a)(1) of title 38, United States Code, is amended by striking ‘‘$1,388.68’’ and inserting ‘‘$ 1,406.73’’.
(2) RETROACTIVE EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if it were enacted immediately after the enact- ment of the Johnny Isakson and David P. Roe, M.D.

Veterans Health Care and Benefits Improve- ment Act of 2020 (Public Law 116–315).

(c) TREATMENT OF CERTAIN PENSION PAYMENTS.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2643 (1) IN GENERAL.—A payment described in paragraph (2) shall be treated as an authorized pay- ment.
(2) PAYMENTS DESCRIBED.—A payment de- scribed in this paragraph is a payment of pension under section 1562 of title 38, United States Code, by the Secretary of Veterans Affairs— (A) in the amount of $1,406.73 during the period beginning on January 5, 2021, and end- ing on November 30, 2021; (B) in the amount of $1,489.73 during the period beginning on December 1, 2021, and ending on November 30, 2022; or (C) in the amount of $1,619.34 during the period beginning on December 1, 2022, and ending on the date of the enactment of this Act.
SEC.

408.

IMPOSITION OF CAP ON EMPLOYEES OF THE DE- PARTMENT OF VETERANS AFFAIRS WHO PRO- VIDE EQUAL EMPLOYMENT OPPORTUNITY COUNSELING.

(a) REIMPOSITION OF CAP.— (1) IN GENERAL.—Section 516 of title 38, United States Code, as amended by section 7(a) of the Responsible Education Mitigating Options and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2644 Technical Extensions Act (Public Law 117–76), is further amended— (A) by redesignating subsection (g) as sub- section (h); and (B) by inserting after subsection (f) the following new subsection (g): ‘‘(g)(1)(A) Except as provided in paragraph (4), be- ginning on the date of the enactment of the Joseph Max- well Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 and ending on the date that is three years after the date of the enactment of such Act, the number of employees of the Department whose duties include equal employment opportunity counseling functions may not exceed 76 full- time equivalent employees.
‘‘(B) Except as provided in paragraph (4), beginning on the date that is three years after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improve- ment Act of 2022, the number of employees of the Depart- ment whose duties include equal employment opportunity counseling functions may not exceed 81 full-time equiva- 23 lent employees.
24 25 ‘‘(2) Except as provided in paragraph (4), of the 76 full-time equivalent employees set forth in paragraph (1), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2645 the number of employees of the Department whose duties include equal employment opportunity counseling func- tions as well as other unrelated functions may not exceed 40 full-time equivalent employees.
‘‘(3) Except as provided in paragraph (4), any em- ployee described in paragraph (2) whose duties include equal employment opportunity counseling functions as well as other unrelated functions may be assigned equal em- ployment opportunity counseling functions only at Depart- ment facilities in remote geographic locations.
‘‘(4)(A) Beginning on the date that is one year after the date of enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, the Secretary shall promptly notify Congress if, at any point in time, the num- ber of full-time equivalent employees of the Department specified in paragraph (1), whose duties include equal op- portunity counseling functions, is insufficient for the De- partment to meet its required obligations under law.
‘‘(B) Notification under subparagraph (A) shall in- 21 clude— 22 23 24 ‘‘(i) the specific legal obligations relating to em- ployment discrimination, or other matters similar to those covered by regulations prescribed by the Equal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2646 Employment Opportunity Commission, that the De- partment 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 obliga- tions.’’.

(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 adminis- tered 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 infor- mal stage cases by such system with respect to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2647 (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 in- clude only equal employment opportunity counseling functions under section 516 of title 38, United States Code, disaggregated by— (A) the ten-year period ending on the date of the enactment of this Act; and (B) the three-year period beginning on the date of the enactment of this Act.
(c) ANNUAL REPORTS.—Not later than one year after the date of the enactment of this Act and once each year thereafter, the Secretary of Veterans Affairs shall make available to the public on an internet website of the Department an annual report that includes, for the year covered by the report, the following: (1) Total number of complaints filed through the employment discrimination complaint resolution system established and administered under sub- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2648 section (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 coun- seling provided under such section that led to resolu- tion without further action.

(4) The percentage of all pre-complaint coun- seling provided under such section that led to resolu- tion via alternative dispute resolution.
(5) The percentage of all pre-complaint coun- seling 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 employ- ment opportunity counseling under such section.
(7) An estimate of the required ratio of Depart- ment employees whose duties include equal employ- ment opportunity counseling functions relative to the number of full-time equivalent employees in the De- partment.
(d) INDEPENDENT ASSESSMENT.—Not later than 180 days after the first report is made available under subsection (c), the Comptroller General shall submit to the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2649 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Rep- resentatives an independent assessment of the ratio re- ported by the Secretary pursuant to paragraph (7) of such subsection.

Such assessment shall include such rec- ommendations as the Secretary may have for improving such ratio and the ability of the Department to provide equal employment opportunity counseling.

DIVISION V—STRONG VETERANS ACT OF 2022 SEC.

1.


SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Support The Resiliency of Our Nation’s Great Veterans Act of 2022’’ or the ‘‘STRONG Veterans Act of 2022’’.

(b) TABLE OF CONTENTS.—The table of contents for 16 this division is as follows: DIVISION V—STRONG VETERANS ACT OF 2022 Sec.

1.

Short title; table of contents.

TITLE I—TRAINING TO SUPPORT VETERANS’ MENTAL HEALTH Sec.

101.
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 Af- fairs.

Sec.

104.

Expansion of scholarships and loan repayment programs for mental health providers.

TITLE II—VETERANS CRISIS LINE Sec.

201.

Veterans Crisis Line.

Subtitle A—Veterans Crisis Line Training and Quality Management Sec.

211.

Staff training.


Sec.

212.

Quality review and management.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2650 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 op- portunities for improvement of Veterans Crisis Line.

Subtitle C—Transition of Crisis Line Number Sec.

231.

Feedback on transition of crisis line number.

TITLE III—OUTREACH TO VETERANS Sec.

301.

Designation of Buddy Check Week by Secretary of Veterans Affairs.

Sec.

302.

Improvements to Veterans Justice Outreach Program.

Sec.

303.

Department of Veterans Affairs Governors Challenge Program.
TITLE IV—MENTAL HEALTH CARE DELIVERY Sec.

401.

Expansion of peer specialist support program of Department of Vet- erans 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 Depart- ment of Veterans Affairs.

Sec.

502.

Improvement of sleep disorder care furnished by Department of Vet- erans Affairs.

Sec.

503.
Sec.

503.

Study on inpatient mental health and substance use care from De- partment of Veterans Affairs.

Sec.

504.

Study on treatment from Department of Veterans Affairs for co-oc- curring mental health and substance use disorders.

Sec.

505.

Study on workload of suicide prevention teams of Department of Vet- erans Affairs.

Sec.

506.

Expansion of suicide prevention and mental health research.

Sec.

507.

Study on mental health and suicide prevention support for military families.

Sec.

508.
Sec.

508.

Research on brain health.

Sec.

509.

Study on efficacy of clinical and at-home resources for post-traumatic stress disorder.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2651 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 VET- ERANS.
(a) STAFFING REQUIREMENT.—Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall ensure that each medical center of the Department of Veterans Affairs has no fewer than one full-time employee whose responsibility is serving as a minority veteran coordinator.
(b) TRAINING.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in con- sultation with the Indian Health Service and the Director of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs, shall ensure that all minority veteran coordinators receive training in delivery of mental health and suicide prevention services culturally appropriate for American Indian and Alaska Native vet- erans, especially with respect to the identified populations and tribes within the coordinators’ catchment areas.
(c) COORDINATION WITH SUICIDE PREVENTION CO- ORDINATORS.—Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2652 with the Director of the Office of Mental Health and Sui- cide Prevention, shall ensure that the suicide prevention coordinator and minority veteran coordinator of each med- ical center of the Department have developed and dissemi- nated to the director of the medical center a written plan for conducting mental health and suicide prevention out- reach 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 10 plan— (1) contact information for tribal leadership and the tribal health facility or Indian Health Serv- ice facility serving that tribe; (2) a schedule for and list of outreach plans (including addressing any barriers to accessing De- partment 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 incor- porating traditional healing practices into mental health and suicide prevention protocols and options available for veterans who are members of such tribe; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2653 (5) documentation of any coordination among the Department, the Indian Health Service, urban Indian health organizations, and the Substance Abuse and Mental Health Services Administration for the purpose of improving suicide prevention ef- forts tailored to veterans who are members of such tribe and the provision of culturally competent men- tal health care to such veterans.
(d) REPORT.—Not later than one year after the en- actment 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 Rep- resentatives a report on outreach efforts to minority vet- erans and American Indian and Alaska Native veterans.

Such report shall include each of the following: (1) The number of minority veteran coordina- tors within the Department.
(2) The number and percentage of minority vet- eran coordinators who are women.

(3) The number and percentage of minority vet- eran coordinators who are persons of color.

(4) The number and percentage of Department medical centers with minority veteran coordinators.

(5) The number and percentage of Department mental health providers who are enrolled members of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2654 a federally recognized Indian tribe or self-identify as Native American.

(6) The number and percentage of Department mental health providers who speak a second lan- guage.

(7) A review of the outreach plans developed and submitted to all Department medical centers for outreach to American Indian and Alaska Native vet- erans.
(8) A review of mental health care provided an- nually by the Department to American Indian and Alaska Native veterans for the past three years, in- cluding number of appointments, and an assessment of any barriers to providing this care.

SEC.

102.

EXPANSION OF VET CENTER WORKFORCE.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act and subject to the avail- ability of appropriations, the Secretary of Veterans Affairs shall hire an additional 50 full-time equivalent employees for Vet Centers to bolster the workforce of Vet Centers and to provide expanded mental health care to veterans, members of the Armed Forces, and their families through outreach, community access points, outstations, and Vet Centers.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2655 (b) VET CENTER DEFINED.—In this section, the term ‘‘Vet Center’’ has the meaning given that term in section 1712A(h) of title 38, United States Code.

SEC.

103.

EXPANSION OF MENTAL HEALTH TRAINING FOR DEPARTMENT OF VETERANS AFFAIRS.
(a) IN GENERAL.—Not later than three years after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of Veterans Affairs, in collaboration with the Office of Mental Health and Suicide Prevention and the Office of Academic Affili- ations, 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 DE- FINED.—In this section, the term ‘‘covered mental health disciplines’’ means psychiatry, psychology, advanced prac- tice 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 REPAY- MENT PROGRAMS FOR MENTAL HEALTH PRO- VIDERS.
(a) EXPANSION OF HEALTH PROFESSIONAL SCHOL- ARSHIP PROGRAM.—Beginning in academic year 2022, the Secretary of Veterans Affairs shall include not fewer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2656 than an additional (as compared to academic year 2021) 50 awards per academic year under the Department of Veterans Affairs Health Professional Scholarship Pro- gram under subchapter II of chapter 76 of title 38, United States Code, for applicants otherwise eligible for such pro- gram 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.
10 (b) EXPANSION OF EDUCATION DEBT REDUCTION 11 PROGRAM.— (1) IN GENERAL.—Beginning in fiscal year 2022, the Secretary shall provide not fewer than an additional (as compared to fiscal year 2021) 200 debt reduction awards per year under the Depart- ment 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, psy- chology, advanced practice nursing (with a focus on mental health or substance use disorder), and social work.
(2) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2657 retary 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 Sec- retary shall develop a public awareness campaign to encourage veterans and mental health professionals to choose the Department for their mental health ca- reer.
(2) ELEMENTS.—The campaign required under paragraph (1)— (A) shall advertise the paid trainee, schol- arship, and loan repayment opportunities of- fered by the Department; and (B) may highlight the new graduate med- ical education residencies available at the De- partment for medical students entering resi- dency.

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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2658 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 orga- nization outside the Department of Veterans Affairs to review the training for Veterans Crisis Line call responders on assisting callers in crisis.

(2) COMPLETION OF REVIEW.—The review con- ducted 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 con- ducted under paragraph (1) shall consist of a review of the training provided by the Department on sub- jects including risk assessment, lethal means assess- ment, substance use and overdose risk assessment, safety planning, referrals to care, supervisory con- sultation, and emergency dispatch.
(4) UPDATE OF TRAINING.—If any deficiencies in the training for Veterans Crisis Line call respond- ers are found pursuant to the review under para- graph (1), the Secretary shall update such training December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2659 and associated standards of practice to correct those deficiencies not later than one year after the comple- tion 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 Sec- retary shall develop guidelines on retraining and quality management for when a Veterans Crisis Line call responder has an adverse event or when a qual- ity review check by a supervisor of such a call re- sponder denotes that the call responder needs im- provement.
(2) ELEMENTS OF GUIDELINES.—The guide- lines developed under paragraph (1) shall specify the subjects and quantity of retraining recommended and how supervisors should implement increased use of silent monitoring or other performance review mechanisms.

SEC.

212.

QUALITY REVIEW AND MANAGEMENT.


(a) MONITORING OF CALLS ON VETERANS CRISIS LINE.— 23 24 25 (1) IN GENERAL.—The Secretary of Veterans Affairs shall require that not fewer than two calls per month for each Veterans Crisis Line call re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2660 sponder 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 estab- lish benchmarks for requirements and performance of Veterans Crisis Line call responders on super- visory silent monitored calls.
(3) QUARTERLY REPORTS.—Not less frequently than quarterly, the Secretary shall submit to the Of- fice of Mental Health and Suicide Prevention of the Department of Veterans Affairs a report on occur- rence and outcomes of supervisory silent monitoring of calls on the Veterans Crisis Line.
(b) QUALITY MANAGEMENT PROCESSES FOR VET- ERANS CRISIS LINE.—Not later than one year after the date of the enactment of this Act, the leadership for the Veterans Crisis Line, in partnership with the Office of Mental Health and Suicide Prevention of the Department and the National Center for Patient Safety of the Depart- ment, shall establish quality management processes and expectations for staff of the Veterans Crisis Line, includ- ing with respect to reporting of adverse events and close calls.
24 25 (c) ANNUAL COMMON CAUSE ANALYSIS FOR CALL- ERS TO VETERANS CRISIS LINE WHO DIE BY SUICIDE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2661 (1) IN GENERAL.—Not less frequently than an- nually, the Secretary shall perform a common cause analysis for all identified callers to the Veterans Cri- sis Line that died by suicide during the one-year pe- riod 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 Sui- cide Prevention of the Department the results of each analysis conducted under paragraph (1).

(3) APPLICATION OF THEMES OR LESSONS.— The Secretary shall apply any themes or lessons learned under an analysis under paragraph (1) to updating training and standards of practice for staff of the Veterans Crisis Line.

SEC.

213.

GUIDANCE FOR HIGH-RISK CALLERS.
(a) DEVELOPMENT OF ENHANCED GUIDANCE AND PROCEDURES FOR RESPONSE TO CALLS RELATED TO SUBSTANCE USE AND OVERDOSE RISK.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with na- tional experts within the Department of Veterans Affairs on substance use disorder and overdose, shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2662 (1) develop enhanced guidance and procedures to respond to calls to the Veterans Crisis Line re- lated 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 Sec- retary shall— (A) review the current emergency dispatch standard operating procedure of the Veterans Crisis Line to identify any additions to such procedure to strengthen communication regard- ing— (i) emergency dispatch for discon- nected callers; and (ii) the role of social service assistants in requesting emergency dispatch and re- cording such dispatches; and (B) update such procedure to include the additions identified under subparagraph (A).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2663 (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 AS- SISTANTS AND CLARIFICATION OF JOB RE- SPONSIBILITIES.
Not later than one year after the date of the enact- ment 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 de- lineate roles and responsibilities for all levels of su- pervisory 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2664 (1) IN GENERAL.—Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to determine whether a lengthier, templated safety plan used in clinical settings could be applied in call centers for the Veterans Crisis Line.
(2) BRIEFING.—Not later than two years after the date of the enactment of this Act, the Secretary shall provide to Congress a briefing on the findings of the Secretary under the pilot program conducted under paragraph (1), which shall include any rec- ommendations of the Secretary with respect to the continuation or discontinuation of the pilot program.
(b) CRISIS LINE FACILITATION PILOT PROGRAM.— (1) IN GENERAL.—Commencing not later than one year after the date of the enactment of this Act, the Secretary shall carry out a pilot program on the use of crisis line facilitation to increase use of the Veterans Crisis Line among high-risk veterans.
(2) BRIEFING.—Not later than two years after the date of the enactment of this Act, the Secretary shall provide to Congress a briefing on the findings of the Secretary under the pilot program under paragraph (1), including any recommendations of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2665 the Secretary with respect to the continuation or dis- continuation of the pilot program.
(3) DEFINITIONS.—In this section: (A) The term ‘‘crisis line facilitation’’, with respect to a high-risk veteran, means the pres- entation by a therapist of psychoeducational in- formation 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 RE- SEARCH ON EFFECTIVENESS AND OPPORTU- NITIES FOR IMPROVEMENT OF VETERANS CRISIS LINE.
There is authorized to be appropriated to the Sec- retary 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 Vet- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2666 erans 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 NUM- BER.
(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 mem- bers of the military and veterans community on the move to 988 as the new, national three-digit suicide and mental health crisis hotline, which is expected to be implemented by July 2022, to minimize confusion and ensure veterans are aware of their options for reaching the Veterans Crisis 17 Line.
(b) NONAPPLICATION OF FACA.—The Federal Advi- sory Committee Act (5 U.S.C.

App.)

shall not apply to any feedback solicited under subsection (a).

(c) VETERANS SERVICE ORGANIZATION DEFINED.— In this section, the term ‘‘veterans service organization’’ means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, 25 United States Code.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2667 TITLE III—OUTREACH TO VETERANS SEC.

301.

DESIGNATION OF BUDDY CHECK WEEK BY SEC- RETARY OF VETERANS AFFAIRS.

(a) IN GENERAL.—The Secretary of Veterans Affairs shall designate one week each year to organize outreach events and educate veterans on how to conduct peer wellness checks, which shall be known as ‘‘Buddy Check Week’’.
(b) EDUCATIONAL OPPORTUNITIES.— (1) IN GENERAL.—During Buddy Check Week, the Secretary, in consultation with organizations that represent veterans, nonprofits that serve vet- erans, mental health experts, members of the Armed Forces, and such other entities and individuals as the Secretary considers appropriate, shall collaborate with organizations that represent veterans to provide educational opportunities for veterans to learn how to conduct peer wellness checks.
(2) TRAINING MATTERS.—As part of the edu- cational 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2668 on appropriate referrals to resources veterans might need.
(B) Online and in-person training, as ap- propriate, on how to conduct a peer wellness check.

(C) Opportunities for members of organi- zations that represent veterans to learn how to train individuals to conduct peer wellness checks.

(D) Training for veterans participating in Buddy Check Week on how to transfer a phone call directly to the Veterans Crisis Line.

(E) Resiliency training for veterans partici- pating in Buddy Check Week on handling a vet- eran in crisis.
(3) ONLINE MATERIALS.—All training materials provided under the educational opportunities under paragraph (1) shall be made publicly available on a website of the Department of Veterans Affairs.
(c) OUTREACH.—The Secretary, in collaboration with organizations that represent veterans, may conduct out- reach regarding educational opportunities under sub- section (b) at— 24 25 (1) public events where many veterans are ex- pected to congregate; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2669 (2) meetings of organizations that represent veterans; (3) facilities of the Department; and (4) such other locations as the Secretary, in col- laboration with organizations that represent vet- erans, considers appropriate.

(d) VETERANS CRISIS LINE PLAN.— (1) IN GENERAL.—The Secretary shall ensure that a plan exists for handling the potential increase in the number of calls into the Veterans Crisis Line that may occur during Buddy Check Week.
(2) SUBMITTAL OF PLAN.—The head of the Veterans Crisis Line shall submit to the Secretary a plan for how to handle excess calls during Buddy Check Week, which may include the following: (A) Additional hours for staff.

(B) The use of a backup call center.

(C) Any other plan to ensure that calls from veterans in crisis are being answered in a timely manner by an individual trained at the same level as a Veterans Crisis Line responder.
(e) DEFINITIONS.—In this section: (1) The term ‘‘organization that represents vet- erans’’ means an organization recognized by the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2670 retary for the representation of veterans under sec- tion 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 Sec- retary under section 1720F(h) of such title.

SEC.

302.

IMPROVEMENTS TO VETERANS JUSTICE OUT- REACH PROGRAM.
(a) OUTREACH REQUIREMENT.—The Secretary of Veterans Affairs shall conduct outreach regarding the Vet- erans Justice Outreach Program to justice-involved vet- erans, military and veterans service organizations, and rel- evant stakeholders in the criminal justice community, in- cluding officials from local law enforcement, court, and jail systems and others as determined appropriate by the Sec- retary.
Such outreach— (1) shall be designed— (A) to spread awareness and under- standing of the Program; (B) to spread awareness and under- standing of veteran eligibility for the Program, including the eligibility of veterans who were discharged from service in the Armed Forces under conditions other than honorable; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2671 (C) to improve the identification of justice- involved veterans; and (2) may be conducted in person, virtually, or through other means, including by the dissemination of informational materials and contact information.

(b) STRATEGIC PLAN.—The Secretary of Veterans Affairs shall develop a strategic plan for the Veterans Jus- tice Outreach Program.
In developing such plan, the Sec- retary shall conduct— (1) an assessment of barriers to working with justice-involved veterans in rural, remote, and under- served areas, including potential steps to address such barriers; and (2) a workforce gap analysis for the Program.
(c) INCREASE IN NUMBER OF VJO SPECIALISTS.— (1) INCREASE.—The Secretary of Veterans Af- fairs shall increase the number of Veterans Justice Outreach specialists responsible for supporting jus- tice-involved veterans in rural, remote, or under- served areas, including areas located far from De- partment of Veterans Affairs medical centers, as de- termined by the Secretary, through— (A) the hiring of additional Veterans Jus- tice Outreach specialists; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2672 (B) the reallocation of existing Veterans Justice Outreach specialists; or (C) such other means as may be deter- mined appropriate by the Secretary.
(2) DETERMINATION.—The Secretary shall de- termine the number of Veterans Justice Outreach specialists required, and the locations of such spe- cialists, under paragraph (1) by taking into ac- count— (A) such number and locations needed to achieve the mission and strategic goals of the Veterans Justice Outreach Program; (B) any gaps in the workforce of the Pro- gram, 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.— 22 23 24 (1) ESTABLISHMENT.—The Secretary of Vet- erans Affairs shall establish performance goals and implementation plans for— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2673 (A) the Veterans Justice Outreach Pro- gram; (B) Veterans Justice Outreach Specialists; and (C) providing support for research regard- ing 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 sub- section (b) and include— (A) qualitative and quantitative milestones, measures, and metrics, and associated timelines for completion of the plans under paragraph (1) and barriers to such completion; (B) an identification of relevant staff; and (C) an estimate of resource needs and sources.
(3) PERFORMANCE DATA.—The Secretary shall establish a process to regularly collect and analyze performance data to assess the efficiency and effec- tiveness of implementing the plans under paragraph (1).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2674 (e) TRAINING REQUIREMENT.—The Secretary shall ensure that all Veterans Justice Outreach Specialists re- ceive training not less frequently than annually on— (1) best practices for identifying and con- ducting outreach to justice-involved veterans and rel- evant stakeholders in the criminal justice commu- nity; and (2) veteran eligibility for the Veterans Justice Outreach Program, including with respect to consist- ently communicating changes regarding eligibility (including through the use of a script or other ref- erence materials).
(f) REPORTS ON IMPLEMENTATION.— (1) FIRST REPORT.—Not later than one year after the date of the enactment of this Act, the Sec- retary shall submit to Congress a report on the fol- lowing: (A) An assessment of implementing sub- section (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2675 Veterans Justice Outreach Program identi- fied pursuant to paragraph (2) of such subsection.

(B) The performance goals and implemen- tation 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 Attor- ney General, shall submit to Congress a report on the en- gagement of the Department of Veterans Affairs with vet- erans treatment courts, including— (1) the availability and efficacy of veterans treatment courts in meeting the needs of justice-in- volved veterans; (2) best practices for Department of Veterans Affairs staff and justice-involved veterans in working with veterans treatment courts; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2676 (3) the ability of justice-involved veterans to ac- cess veterans treatment courts, including any bar- riers 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 sys- tem.
(2) The term ‘‘Veterans Justice Outreach Pro- gram’’ means the program through which the De- partment of Veterans Affairs identifies justice-in- volved veterans and provides such veterans with ac- cess to Department services.

(3) The term ‘‘Veterans Justice Outreach Spe- cialist’’ 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 vet- erans 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))).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2677 SEC.

303.

DEPARTMENT OF VETERANS AFFAIRS GOV- ERNORS CHALLENGE PROGRAM.
The Secretary of Veterans Affairs may enter into agreements with States, territories, and American Indian and Alaska Native tribes for the development and imple- mentation of veteran suicide prevention proposals through the Governors Challenge Program.

TITLE IV—MENTAL HEALTH CARE DELIVERY SEC.

401.

EXPANSION OF PEER SPECIALIST SUPPORT PRO- GRAM OF DEPARTMENT OF VETERANS AF- FAIRS.

(a) EXPANSION.—Section 506 of the VA MISSION Act of 2018 (Public Law 115–182; 38 U.S.C.
1701 note) 15 is amended— 26 (1) by redesignating subsections (d) through (f) as subsections (e) through (g); (2) in subsection (a), by adding at the end the following new sentence: ‘‘Each such peer specialist shall be a full-time employee whose primary function is to serve as a peer specialist and shall be in addi- tion to all other employees of such medical center.’’; (3) in the heading of subsection (b), by striking ‘‘TIMEFRAME’’ and inserting ‘‘INITIAL TIME- FRAME’’; (4) in subsection (c)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2678 (A) in the heading, by striking ‘‘SELEC- TION’’ and inserting ‘‘INITIAL SELECTION’’; and (B) in paragraph (1), by striking ‘‘The Secretary shall’’ and inserting ‘‘In establishing the program at initial locations, the Secretary shall’’; (5) by inserting after subsection (c) the fol- lowing new subsection: ‘‘(d) TIMEFRAME FOR EXPANSION OF PROGRAM; SE- LECTION OF ADDITIONAL LOCATIONS.— ‘‘(1) TIMEFRAME FOR EXPANSION.—The Sec- retary shall make permanent and expand the pro- gram to additional medical centers of the Depart- ment as follows: ‘‘(A) As of the date of the enactment of the STRONG Veterans Act of 2022, the Sec- retary shall make such program permanent at each medical center participating in the pro- gram on the day before such date of enactment.
‘‘(B) During the seven-year period fol- lowing 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 De- partment.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2679 ‘‘(2) SELECTION OF ADDITIONAL LOCATIONS.— In selecting medical centers for the expansion of the program under paragraph (1)(B), until such time as each medical center of the Department is partici- pating in the program by establishing not fewer than two peer specialists at the medical center, the Sec- retary shall prioritize medical centers in the fol- lowing 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 geo- graphic locations, such as census tracts estab- lished by the Bureau of the Census.’’; (6) in subsection (e), as redesignated by para- graph (1)— (A) in the heading, by striking ‘‘GENDER- SPECIFIC SERVICES’’ and inserting ‘‘CONSIDER- ATIONS FOR HIRING PEER SPECIALISTS’’; (B) in the matter preceding paragraph (1), by striking ‘‘location selected under subsection (c)’’ and inserting ‘‘medical center’’; (C) in paragraph (1), by striking ‘‘and’’ at the end; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2680 (D) by striking paragraph (2) and insert- ing the following new paragraph (2): ‘‘(2) female peer specialists are hired and made available to support female veterans who are treated at each medical center.’’; and (7) by amending subsection (g), as redesignated by paragraph (1), to read as follows: ‘‘(g) REPORTS.— ‘‘(1) PERIODIC REPORTS.— ‘‘(A) IN GENERAL.—Not later than one year after the date of the enactment of the STRONG Veterans Act of 2022, and annually thereafter for five years, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the program, including the expan- sion of the program under subsection (d)(1).
‘‘(B) ELEMENTS.—Each report under sub- paragraph (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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2681 ‘‘(ii) An assessment of the benefits of the program to veterans and family mem- bers of veterans.
‘‘(iii) An assessment of the effective- ness 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 special- ists hired at each medical center pursuant to this section and the total number of peer specialists within the Department hired pursuant to this section.
‘‘(vi) An assessment of any barriers confronting the recruitment, training, or retention of peer specialists.

‘‘(2) FINAL REPORT.—Not later than one year after the Secretary determines that the program is being carried out at each medical center of the De- partment, the Secretary shall submit to the Commit- tees on Veterans’ Affairs of the House of Represent- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2682 atives and the Senate a report notifying such com- mittees of such determination.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Vet- erans Affairs to implement section 506 of the VA MIS- SION Act of 2018 (Public Law 115–182; 38 U.S.C.

1701 note), as amended by subsection (a), the following amounts: (1) $3,600,000 for fiscal year 2022.

(2) $7,200,000 for fiscal year 2023.

(3) $10,800,000 for fiscal year 2024.


(4) $14,400,000 for fiscal year 2025.

(5) $18,000,000 for fiscal year 2026.

(6) $21,600,000 for fiscal year 2027.

(7) $25,000,000 for fiscal year 2028.

SEC.

402.

EXPANSION OF VET CENTER SERVICES.
(a) VETERANS AND MEMBERS USING EDUCATIONAL ASSISTANCE BENEFITS.—Section 1712A of title 38, United States Code, is amended— (1) by striking ‘‘clauses (i) through (vi)’’ both places it appears and inserting ‘‘clauses (i) through (vii)’’; (2) by striking ‘‘in clause (vii)’’ both places it appears and inserting ‘‘in clause (viii)’’; (3) in subsection (a)(1)(C)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2683 (A) by redesignating clause (vii) as clause (viii); and (B) by inserting after clause (vi) the fol- lowing new clause: ‘‘(vii) Any veteran or member of the Armed Forces pursuing a course of education using covered educational assistance benefits.’’; and (4) in subsection (h), by adding at the end the following new paragraph: ‘‘(6) The term ‘covered educational assistance benefits’ means educational assistance benefits pro- vided 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2684 (1) the mental health needs of veterans pur- suing a course of education using covered edu- cational 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 11 amended— (1) in subparagraph (A)(ii)— (A) in subclause (I), by striking ‘‘and’’; (B) in subclause (II), by striking the pe- riod 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 coun- seling furnished to such individual is found to aid in coping with the effects of such suicide.’’; (2) in subparagraph (B)(i)(II)— (A) in item (aa), by striking ‘‘or’’; (B) in item (bb), by striking the period at the end and inserting ‘‘; or’’; and (C) by adding at the end the following; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2685 ‘‘(cc) coping with the effects of a sui- cide 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 pe- riod 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 VET- ERANS FILING FOR COMPENSATION.— (1) IN GENERAL.—Subchapter VI of chapter 11 of title 38, United States Code, is amended by add- ing 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-con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2686 nected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consulta- tion 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 sub- section (a) without regard to any previous denial or approval of a claim of that veteran for a service-con- nected disability relating to a mental health diag- nosis; and ‘‘(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.
‘‘(c) RULE OF CONSTRUCTION.—A consultation pro- vided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.’’.

(2) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of chapter 11 of such title is amended by adding at the end the following new item: ‘‘1167.

Mental health consultations.’’.


December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2687 (b) MENTAL HEALTH CONSULTATIONS FOR VET- ERANS ENTERING HOMELESS PROGRAMS OFFICE PRO- GRAMS.— (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: ‘‘§ 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 Pro- grams Office of the Department, the Secretary shall offer the veteran a mental health consultation to assess the health needs of, and care options for, the veteran.
‘‘(b) VETERAN DESCRIBED.—A veteran described in this subsection is a veteran to whom a mental health con- sultation is not offered or provided through the case man- agement services of the program of the Homeless Pro- grams Office into which the veteran enters.’’.

(2) CLERICAL AMENDMENT.—The table of sec- tions at the beginning of chapter 20 of such title is amended by adding at the end the following new item: ‘‘2068.

Mental health consultations.’’.


December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2688 TITLE V—RESEARCH SEC.

501.

VETERANS INTEGRATION TO ACADEMIC LEADER- SHIP PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Af- fairs of the House of Representatives and the Senate a report on the Veterans Integration to Academic Leader- ship program of the Department of Veterans Affairs.
The report shall include the following: (1) The number of medical centers of the De- partment, 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 effec- tiveness 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2689 (C) addressing the mental health needs of student veterans; (D) lowering the suicide risk of student veterans; and (E) helping student veterans achieve edu- cational 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 MEAS- URES.—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 out- reach among the Armed Forces, veterans service organiza- tions, institutions of higher learning, and non-college de- gree programs with respect to the Veterans Integration to Academic Leadership program of the Department.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2690 (d) ASSESSMENT.—The Secretary shall assess the feasibility and advisability of including the suicide rate for student veterans in the National Veteran Suicide Preven- tion 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 fol- lowing: (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.).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2691 (B) A veteran who is enrolled in an institu- tion of higher learning or other training pro- gram, without regard to whether the veteran is using educational assistance specified in sub- paragraph (A).

SEC.

502.

IMPROVEMENT OF SLEEP DISORDER CARE FUR- NISHED BY DEPARTMENT OF VETERANS AF- FAIRS.
(a) IN GENERAL.—Pursuant to the analysis con- ducted under subsection (b), the Secretary of Veterans Af- fairs shall take such action as the Secretary considers ap- propriate to improve the assessment and treatment of vet- erans with sleep disorders, including by conducting in- home sleep studies for veterans.
(b) ANALYSIS.—The Secretary shall conduct an anal- ysis 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 guide- lines of the Department of Veterans Affairs and the Department of Defense for such disorders; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2692 (4) the availability of and efficacy of the use by the Department of Veterans Affairs of cognitive be- havioral 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 Rep- resentatives a report on— (1) the findings from the analysis conducted under subsection (b); and (2) any actions taken under subsection (a) to improve the assessment and treatment of veterans with sleep disorders.
(d) AUTHORIZATION OF APPROPRIATIONS FOR IN- HOME SLEEP STUDIES.—There is authorized to be appro- priated to the Secretary of Veterans Affairs $5,000,000 to be used to conduct in-home sleep studies for veterans, as part of sleep disorder assessment and treatment con- ducted by the Department of Veterans Affairs.

SEC.

503.

STUDY ON INPATIENT MENTAL HEALTH AND SUB- STANCE 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 Vet- erans Affairs shall complete the conduct of a study on ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2693 cess of veterans to care under the residential rehabilitation treatment programs of the Department of Veterans Af- fairs to determine— (1) if there are sufficient geographic offerings of inpatient mental health care, especially for vet- erans in rural and remote communities; (2) if there are sufficient bed spaces at each lo- cation, 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 un- able to be used because there are not enough pro- viders to care for additional patients; (4) if there are diagnosis-specific or sex-specific barriers to accessing care under such programs; and (5) the average wait time for a bed in such a program, broken out by— (A) Veterans Integrated Service Network; (B) rural or urban area; (C) sex; and (D) specialty (general program, substance use disorder program, military sexual trauma program, etc.).
(b) RECOMMENDATIONS FOR MODIFICATIONS TO TREATMENT PROGRAMS.—Using the results from the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2694 study conducted under subsection (a), the Secretary shall make recommendations for— (1) new locations for opening facilities to par- ticipate in the residential rehabilitation treatment programs of the Department; (2) facilities under such programs at which new beds can be added; and (3) any additional specialty tracks to be added to such programs, such as substance use disorder or military sexual trauma, in order to meet veteran need and demand.
(c) REPORT.—Not later than 180 days after comple- tion of the study under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Sen- ate and the Committee on Veterans’ Affairs of the House of Representatives a report on the findings of the study conducted under subsection (a) and the recommendations made by the Secretary under subsection (b).

SEC.

504.

STUDY ON TREATMENT FROM DEPARTMENT OF VETERANS AFFAIRS FOR CO-OCCURRING MENTAL HEALTH AND SUBSTANCE USE DIS- ORDERS.
(a) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Vet- erans Affairs shall conduct a study examining— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2695 (1) the availability of treatment programs for veterans with co-occurring mental health and sub- stance use disorders (including both inpatient and outpatient care); (2) any geographic disparities in access to such programs, such as for rural and remote veterans; and (3) the average wait times for care under such programs.
(b) REPORT.— (1) IN GENERAL.—Not later than two years after the date of the enactment of this Act, the Sec- retary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Vet- erans’ Affairs of the House of Representatives a re- port on the findings of the study conducted under subsection (a).
(2) ELEMENTS.—The report required by para- graph (1) shall include— (A) any recommendations resulting from the study conducted under subsection (a) with respect to improving timeliness and quality of care and meeting treatment preferences for vet- erans with co-occurring mental health and sub- stance use disorders; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2696 (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 AF- FAIRS.

(a) IN GENERAL.—The Secretary of Veterans Af- fairs, 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 sub- section (a) shall— (1) identify the effects of the growth of the sui- cide prevention program of the Department on the workload of suicide prevention teams; (2) incorporate key practices for staffing model design in determining suicide prevention staffing needs; and (3) determine which facilities of the Depart- ment need increased suicide prevention coordinator staffing to meet the needs of veterans, with an em- phasis placed on facilities with high patient volume and facilities located in States with high rates of vet- eran suicide.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2697 (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 Rep- resentatives 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 re- sulting from the determinations made under sub- section (b)(3), including a list of facilities of the De- partment where staffing was adjusted.
SEC.

506.

EXPANSION OF SUICIDE PREVENTION AND MEN- TAL HEALTH RESEARCH.

(a) RESEARCH ON MORAL INJURY.—The Secretary of Veterans Affairs, acting through the Office of Research and Development of the Department of Veterans Affairs, shall conduct suicide prevention and mental health care improvement research on how moral injury relates to the mental health needs of veterans who served in the Armed Forces after September 11, 2001, and best practices for mental health treatment for such veterans.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of Vet- erans Affairs an additional $10,000,000 to be used by the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2698 Center of Excellence for Suicide Prevention of the Depart- ment and the Rocky Mountain Mental Illness Research Education and Clinical Center for purposes of conducting research on the factors impacting veteran suicide and best practices for early intervention and support.

SEC.

507.

STUDY ON MENTAL HEALTH AND SUICIDE PRE- VENTION SUPPORT FOR MILITARY FAMILIES.
(a) IN GENERAL.—The Secretary of Veterans Af- fairs, in collaboration with the Secretary of Defense, shall conduct a study on secondary post-traumatic stress dis- order 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 Sec- retary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress, vet- erans service organizations, and military support or- ganizations a report on the findings of the study conducted under subsection (a).

(2) DEFINITIONS.—In this subsection: (A) The term ‘‘military support organiza- tion’’ has the meaning given that term by the Secretary of Defense.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2699 (B) The term ‘‘veterans service organiza- tion’’ means an organization recognized by the Secretary of Veterans Affairs for the represen- tation 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 Depart- ment of Veterans Affairs an additional $5,000,000 for on- going and future research at the Translational Research Center of the Department of Veterans Affairs for trau- matic brain injury and stress disorders to provide better understanding of, and improved treatment options for, veterans who served in the Armed Forces after September 11, 2001, and who have traumatic brain injury or post- traumatic stress disorder.
SEC.

509.

STUDY ON EFFICACY OF CLINICAL AND AT-HOME RESOURCES FOR POST-TRAUMATIC STRESS DISORDER.
Not later than two years after the date of the enact- ment 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 23 on— 24 25 (1) the efficacy of clinical and at-home re- sources, such as mobile applications like COVID December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2700 Coach, for providers, veterans, caregivers, and fam- ily members to use for dealing with stressors; (2) the feasibility and advisability of developing more such resources; (3) strategies for improving mental health care and outcomes for veterans with post-traumatic stress disorder; and (4) best practices for helping family members of veterans deal with secondary post-traumatic stress disorder or mental health concerns.

DIVISION W—UNLEASHING AMERICAN INNOVATORS ACT OF 2022 SEC.

101.

SHORT TITLE.
101.

SHORT TITLE.

This division may be cited as the ‘‘Unleashing Amer- ican Innovators Act of 2022’’.

17 SEC.

102.

DEFINITIONS.

In this division: (1) DIRECTOR.—The term ‘‘Director’’ means the Under Secretary of Commerce for Intellectual Property and Director of the Office.

(2) OFFICE.—The term ‘‘Office’’ means the United States Patent and Trademark Office.
(3) PATENT PRO BONO PROGRAMS.—The term ‘‘patent pro bono programs’’ means the programs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2701 established pursuant to section 32 of the Leahy- Smith America Invents Act (35 U.S.C.

2 note).
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, Ala- bama, Mississippi, Louisiana, and Arkansas.

SEC.

103.

SATELLITE OFFICES.

(a) AMENDMENTS TO PURPOSE AND REQUIRED CON- SIDERATIONS.—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 ac- tivities to’’; and (ii) by inserting after ‘‘Office’’ the fol- lowing: ‘‘, including by increasing outreach activities, including to individual inventors, small businesses, veterans, low-income pop- ulations, students, rural populations, and any geographic group of innovators that the Director may determine to be under- represented in patent filings’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2702 (B) by striking paragraph (2) and insert- ing the following: ‘‘(2) enhance patent examiner and administra- tive patent judge retention, including patent exam- iners and administrative patent judges from eco- nomically, geographically, and demographically di- verse 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 prox- imity of the office to anchor institutions (such as hospitals primarily serving veterans and in- stitutions of higher education), individual inven- tors, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Di- rector may determine to be underrepresented in patent filings.’’.
(b) SOUTHEAST REGIONAL OFFICE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2703 (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 south- east region of the United States.
(2) CONSIDERATIONS.—When selecting a site for the office required under paragraph (1), the Di- rector shall consider the following: (A) The number of patent-intensive indus- tries located near the site.

(B) How many research-intensive institu- tions, including institutions of higher education, are located near the site.

(C) The State and local government legal and business frameworks that support intellec- tual 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 nec- essary to— 22 23 24 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2704 (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 Di- rector may determine to be underrepresented in pat- ent 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 en- actment of this Act, the Director shall establish not fewer than 4 community outreach offices throughout the United States.

(2) RESTRICTION.—No community outreach of- fice established under paragraph (1) may be located in the same State as— (A) the principal office of the Office; or (B) any satellite office of the Office.
(3) REQUIREMENT FOR NORTHERN NEW ENG- LAND REGION.— (A) IN GENERAL.—The Director shall es- tablish not less than 1 community outreach of- fice under this subsection in the northern New England region, which shall serve the States of Vermont, New Hampshire, and Maine.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2705 (B) CONSIDERATIONS.—In determining the location for the office required to be estab- lished 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 edu- cation and not less than 1 private in- stitution of higher education; and (II) there are located not more than 15 registered patent attorneys, according to data from the Office of Enrollment and Discipline of the Of- fice; 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 de- fined for the purposes of that Survey) are owned by women, minorities, or veterans.
(b) PURPOSES.—The purposes of the community out- reach offices established under subsection (a) are to— (1) further achieve the purposes described in section 23(b)(1) of the Leahy-Smith America In- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2706 vents Act (35 U.S.C.
1 note), as amended by this di- vision; (2) partner with local community organizations, institutions of higher education, research institu- tions, and businesses to create community-based programs that— (A) provide education regarding the patent system; and (B) promote the career benefits of innova- tion and entrepreneurship; and (3) educate prospective inventors, including in- dividual inventors, small businesses, veterans, low-in- come populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent fil- ings, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2707 (B) submit the results of the study re- quired under subparagraph (A) to the Com- mittee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(2) SCOPE OF THE STUDY.—The study required under paragraph (1)(A) shall— (A) assess— (i) whether the patent pro bono pro- grams, 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 pro- grams are sufficiently funded to serve pro- spective participants; (iii) whether any participation require- ment of the patent pro bono programs, in- cluding 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2708 (v) what factors, if any, deter attor- neys from participating in the patent pro bono programs; (vi) whether the patent pro bono pro- grams would be improved by expanding those programs to include non-attorney ad- vocates; and (vii) any other issue the Director de- termines appropriate; and (B) make recommendations for such ad- ministrative and legislative action as may be ap- propriate.
(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 sup- port to, existing patent pro bono programs and intel- lectual property law associations across the United States to expand eligibility for the patent pro bono December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2709 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 PRO- GRAM.


(a) PILOT PROGRAM.—Not later than 1 year after the date of enactment of this Act, the Director shall estab- lish a pilot program to assist first-time prospective patent applicants in assessing the strengths and weaknesses of a potential patent application submitted by such a pro- spective applicant.
17 18 (b) CONSIDERATIONS.—In developing the pilot pro- gram required under subsection (a), the Director shall es- 19 tablish— (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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2710 (2) conditions to determine eligibility for the pilot program, taking into consideration available re- sources; (3) reasonable limitations on the amount of time to be spent providing assistance to each indi- vidual first-time prospective patent applicant; (4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs; and (5) procedures to protect the confidentiality of the information disclosed by prospective patent ap- plicants.

SEC.

107.
SEC.

107.

FEE REDUCTION FOR SMALL AND MICRO ENTI- TIES.

(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 22 States Code, is amended— 23 24 (1) in section 41, by adding at the end the fol- lowing: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2711 ‘‘(j) PENALTY FOR FALSE ASSERTIONS.—In addition to any other penalty available under law, an entity that is found to have falsely asserted entitlement to a fee reduc- tion 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 Direc- tor 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 fol- lowing: ‘‘(f) PENALTY FOR FALSE CERTIFICATIONS.—In ad- dition 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.’’.
21 22 (c) LEAHY-SMITH AMERICA INVENTS ACT.—Section 10(b) of the Leahy Smith America Invents Act (35 U.S.C.

23 41 note) is amended— 24 25 (1) by striking ‘‘50 percent’’ and inserting ‘‘60 percent’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2712 (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 re- quired under subparagraph (A) to the Com- mittee 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 applica- tions by those entities; (ii) fees for examination should ap- proximately match the costs of examina- tion and what incentives are created by using maintenance fees to cover the costs of examination; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2713 (iii) the results of the assessments performed under clauses (i) and (ii) coun- sel in favor of changes to the fee structure of the Office, such as— (I) raising standard application and examination fees; (II) reducing standard mainte- nance fees; and (III) reducing the fees for small and micro entities as a percentage of standard application fees; and (B) make recommendations for such ad- ministrative and legislative action as may be ap- propriate.
DIVISION X—EXTENSION OF AU- THORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS’ FUND SEC.

101.

EXTENSION OF AUTHORIZATION FOR SPECIAL AS- SESSMENT FOR DOMESTIC TRAFFICKING VIC- TIMS’ FUND.

Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by strik- ing ‘‘December 23, 2022’’ and inserting ‘‘December 23, 2024’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2714 DIVISION Y—CONTRACT ACT OF 2022 SEC.

101.

SHORT TITLE.

This division may be cited as the ‘‘Continuity for Op- erators with Necessary Training Required for ATC Con- tract 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 strik- ing 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 Vet- erans and Students Act of 2022’’ or the ‘‘COVS Act’’.

SEC.

102.

FINDINGS.

Congress finds the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2715 (1) Access to computers and computer tech- nology is indispensable for success in the 21st cen- tury.
Millions of Americans do not regularly use a computer and research shows that substantial dis- parities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, espe- cially veterans, low-income students, and senior citi- zens.

(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 sur- plus, repairable Federal computers or technology equipment would benefit from a partnership with a nonprofit organization whose mission is bridging the digital divide.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2716 SEC.

103.

REFURBISHMENT AND DISTRIBUTION OF SUR- PLUS COMPUTERS AND TECHNOLOGY EQUIP- MENT.

(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 non- profit refurbishers ‘‘(a) AUTHORIZATION.—Not later than 30 days after the date on which the Administrator provides State agen- cies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology equipment that is de- termined to be eligible under subsection (b)(1) to non- profit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligi- ble recipients under this section.
‘‘(b) ELIGIBILITY, PARTICIPATION, AND DUTIES.— ‘‘(1) ELIGIBILITY.—Surplus computer or tech- nology equipment is eligible for transfer under this section if a Federal agency determines that— ‘‘(A) the surplus computer or technology equipment is repairable; and ‘‘(B) the surplus computer or technology equipment meets the Guidelines for Media Sani- 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2717 tization issued by the National Institute of Standards and Technology (NIST Special Pub- lication 800–88), or any successor thereto.

‘‘(2) PARTICIPATION.—The Administrator may establish partnerships with nongovernmental enti- ties, at no cost and through cooperative agreements, to facilitate the identification and participation of nonprofit computer refurbishers under this section.
‘‘(3) DUTIES OF REFURBISHERS.—A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall— ‘‘(A) make necessary repairs to restore the surplus computer or technology equipment to working order; ‘‘(B) distribute the repaired surplus com- puter or technology equipment to eligible recipi- ents at no cost, except to the extent— ‘‘(i) necessary to facilitate shipping and handling of such equipment; and ‘‘(ii) that such cost is consistent with any regulations promulgated by the Ad- ministrator under subsection (d); ‘‘(C) offer training programs on the use of the repaired computers and technology equip- ment for the recipients of the equipment; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2718 ‘‘(D) use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.
‘‘(c) REPORTING REQUIREMENTS.— ‘‘(1) REFURBISHER REPORTS.—A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall provide the Administrator with any information the Administrator determines to be necessary for re- quired reporting— ‘‘(A) including information about the dis- tribution of such equipment; and ‘‘(B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, sen- ior in need, or veteran for the purposes of eligi- bility 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2719 make publicly available a report that includes, for the period covered by the report— ‘‘(A) a description of the efforts of the Ad- ministrator 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 refur- bishers that received, made repairs to, and dis- tributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer re- furbisher; and ‘‘(D) a list of donated and subsequently re- paired surplus computer or technology equip- ment identifying— ‘‘(i) the Federal agency that donated the surplus computer or technology equip- ment; ‘‘(ii) the State and county (or similar unit of local government) where the recipi- ent is located; and ‘‘(iii) whether the recipient is an edu- cational institution, individual with disabil- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2720 ities, 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 imple- ment this section, including— ‘‘(1) allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate ship- ping and handling of the surplus computer or tech- nology equipment; ‘‘(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and non- profit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental enti- ty or nonprofit computer refurbisher poses any ac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2721 tual or potential harm to the national security inter- ests of the United States; ‘‘(3) establishing an efficient process for identi- fying eligible recipients; and ‘‘(4) determining appropriate recyclers to dis- pose of surplus computer or technology equipment if it cannot be repaired or refurbished under this sec- tion.
‘‘(e) JUDICIAL REVIEW.—Nothing in this section shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.

‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec- tion 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 ‘Adminis- trator’ means the Administrator of General Services.

‘‘(2) DIGITAL DIVIDE.—The term ‘digital di- vide’ 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 Ameri- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2722 cans 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 cen- ter, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education; ‘‘(B) in the case of an accredited institu- tion of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and ‘‘(C) a home school (whether treated as a home school or private school for the purposes of applicable State law).
‘‘(5) ELIGIBLE RECIPIENT.—The term ‘eligible recipient’ means an educational institution, indi- vidual with a disability, low-income individual, stu- dent, senior in need, or veteran that is residing or based in the United States.

‘‘(6) INSTITUTION OF HIGHER EDUCATION.— The term ‘institution of higher education’ has the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2723 meaning given that term in section 101 of the High- er Education Act of 1965 (20 U.S.C.

1001).

‘‘(7) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given that term in section 351 of the Small Business Invest- ment Act of 1958 (15 U.S.C.

689).
‘‘(8) NONGOVERNMENTAL ENTITY.—The term ‘nongovernmental entity’ means an organization or group of organizations that— ‘‘(A) are not part of a Federal, State, local, Tribal, or territorial government; and ‘‘(B) are nonprofit computer refurbishers or other industry participants that— ‘‘(i) primarily work to improve access to information and communication tech- nology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and ‘‘(ii) operate in the United States.
‘‘(9) NONPROFIT COMPUTER REFURBISHER.— The term ‘nonprofit computer refurbisher’ means a nonprofit organization that— ‘‘(A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2724 ‘‘(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 ‘sec- ondary school’ has the meaning given that term in section 8101 of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C.

7801).

‘‘(13) SENIOR.—The term ‘senior’ means an in- dividual who is 65 years of age or older.
‘‘(14) SENIOR IN NEED.—The term ‘senior in need’ means a senior who experiences cultural, so- cial, or geographical isolation that— ‘‘(A) restricts the ability of the senior to perform normal daily tasks; or ‘‘(B) threatens the capacity of the senior to live independently.

‘‘(15) STATE AGENCY FOR SURPLUS PROP- ERTY.—The term ‘State agency for surplus prop- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2725 erty’ has the meaning given the term ‘state agency’ under section 549(a).

‘‘(16) STUDENT.—The term ‘student’ means any individual enrolled in an educational institution, but not a public or private child care center.

‘‘(17) SURPLUS COMPUTER OR TECHNOLOGY EQUIPMENT.—The term ‘surplus computer or tech- nology 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 re- lated to a computer or information technology, in- cluding any peripheral component, tablet, commu- nication 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 sec- tions 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.’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2726 DIVISION AA—FINANCIAL SERVICES MATTERS TITLE I—REGISTRATION FOR INDEX-LINKED ANNUITIES SEC.

101.
101.

PARITY FOR REGISTERED INDEX-LINKED ANNU- ITIES REGARDING REGISTRATION RULES.

(a) DEFINITIONS.—In this section: (1) COMMISSION.—The term ‘‘Commission’’ means the Securities and Exchange Commission.

(2) INVESTMENT COMPANY.—The term ‘‘invest- ment company’’ 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 with- drawal or contract discontinuance— (A) an adjustment to the value of that an- nuity based on calculations using a predeter- mined formula; or (B) a change in interest rates (or other factor, as determined by the Commission) that apply to that annuity.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2727 (4) PURCHASER.—The term ‘‘purchaser’’ means a purchaser of a registered index-linked an- nuity.

(5) REGISTERED INDEX-LINKED ANNUITY.— The term ‘‘registered index-linked annuity’’ means an annuity— (A) that is deemed to be a security; (B) that is registered with the Commission in accordance with section 5 of the Securities Act of 1933 (15 U.S.C.
77e); (C) that is issued by an insurance com- pany that is subject to the supervision of— (i) the insurance commissioner or bank commissioner of any State; or (ii) any agency or officer performing like functions as a commissioner described in clause (i); (D) that is not issued by an investment company; and (E) the returns of which— (i) are based on the performance of a specified benchmark index or rate (or a registered exchange traded fund that seeks to track the performance of a specified benchmark index or rate); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2728 (ii) may be subject to a market value adjustment if amounts are withdrawn be- fore 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 Secu- rities 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 Commis- sion shall propose, and, not later than 18 months after the date of enactment of this Act, the Commis- sion shall prepare and finalize, new or amended rules, as appropriate, to establish a new form in ac- cordance with paragraph (2) on which an issuer of a registered index-linked annuity may register that registered index-linked annuity, subject to conditions the Commission determines appropriate, which may include requiring the issuer to take the steps de- scribed 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2729 (A) design the form to ensure that a pur- chaser using the form receives the information necessary to make knowledgeable decisions, tak- ing 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 pur- chaser is able to understand.
(c) TREATMENT IF RULES NOT PREPARED AND FI- NALIZED IN A TIMELY MANNER.— (1) IN GENERAL.—If, as of the date that is 18 months after the date of enactment of this Act, the Commission has failed to prepare and finalize the rules required under subsection (b)(1), any reg- istered index-linked annuity may be registered on the form described in section 239.17b of title 17, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2730 Code of Federal Regulations, or any successor regu- lation.

(2) PREPARATION.—A registration described in paragraph (1) shall be prepared pursuant to applica- ble provisions of the form described in that para- graph.

(3) TERMINATION.—This subsection shall ter- minate upon the establishment by the Commission of the form described in subsection (b).
(d) RULES OF CONSTRUCTION.—Nothing in this sec- 11 tion may be construed to— (1) limit the authority of the Commission to— (A) determine the information to be re- quested in the form described in subsection (b); or (B) extend the eligibility for the form de- scribed 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2731 TITLE II—MASIH ALINEJAD HUNT ACT OF 2022 SEC.

201.

SHORT TITLE.

This title may be cited as the ‘‘Masih Alinejad Har- assment and Unlawful Targeting Act of 2022’’ or the ‘‘Masih Alinejad HUNT Act of 2022’’.

SEC.

202.

FINDINGS.
Congress finds that the Government of the Islamic Republic of Iran surveils, harasses, terrorizes, tortures, abducts, and murders individuals who peacefully defend human rights and freedoms in Iran, and innocent entities and individuals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following instances: (1) In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women’s rights activist, and journalist Masih Alinejad, from her home in New York City, in retal- iation for exercising her rights under the First Amendment to the Constitution of the United States.
Iranian agents allegedly spent at least ap- proximately half a million dollars to capture the out- spoken critic of the authoritarianism of the Govern- ment of Iran, and studied evacuating her by mili- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2732 tary-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 authori- ties 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 bomb- ing of a dissident rally in France.
(5) In 2021, a Danish high court found a Nor- wegian citizen of Iranian descent guilty of illegal es- pionage and complicity in a failed plot to kill an Ira- nian Arab dissident figure in Denmark.

(6) In 2021, the British Broadcasting Corpora- tion (BBC) appealed to the United Nations to pro- tect BBC Persian employees in London who suffer December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2733 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, ac- cording to United States officials.

(8) In 2020, Iranian agents allegedly kidnapped United States resident and Iranian-German jour- nalist Jamshid Sharmahd, while he was traveling to India through Dubai.
Iranian authorities announced they had seized Mr. Sharmahd in ‘‘a complex oper- ation’’, and paraded him blindfolded on state tele- vision.

Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty.

In 2009, Mr. Sharmahd was the target of an alleged Iran-directed assassination plot in Glendora, California.
(9) In 2020, the Government of Turkey re- leased counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an Iranian-Swedish activist for Iran’s Arab minority.

In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through a female agent posing as a potential lover.
Mr. Chabi was then allegedly kidnapped from Istanbul, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2734 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 Govern- ment of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and collecting identifying information about United States citizens and nationals who are critical of the Iranian regime.
(11) In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly orches- trated the assassination of Iranian dissident jour- nalist Masoud Molavi Vardanjani, who was shot while walking with a friend in Istanbul.

Unbe- knownst to Mr. Molavi, his ‘‘friend’’ was in fact an undercover Iranian agent and the leader of the kill- ing squad, according to a Turkish police report.
(12) In 2019, around 1,500 people were alleg- edly killed amid a less than 2 week crackdown by se- curity forces on anti-government protests across Iran, including at least an alleged 23 children and 400 women.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2735 (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 con- victed an Iranian female for trying to lure Voice of America reporter Ali Javanmardi to a hotel room in Irbil, as part of a foiled Iranian intelligence plot to kidnap and extradite Mr. Javanmardi, a critic of the Government of Iran.
(15) In 2019, Federal Bureau of Investigation agents visited the rural Connecticut home of Iran- born United States author and poet Roya Hakakian to warn her that she was the target of an assassina- tion plot orchestrated by the Government of Iran.
(16) In 2019, the Government of the Nether- lands accused the Government of Iran of directing the assassination of Iranian Arab activist Ahmad Mola Nissi, in The Hague, and the assassination of another opposition figure, Reza Kolahi Samadi, who was murdered near Amsterdam in 2015.
(17) In 2018, German security forces searched for 10 alleged spies who were working for Iran’s al- Quds Force to collect information on targets related December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2736 to the local Jewish community, including kinder- gartens.
(18) In 2017, Germany convicted a Pakistani man for working as an Iranian agent to spy on tar- gets including a former German lawmaker and a French-Israeli economics professor.

(19) In 2012, an Iranian American pleaded guilty to conspiring with members of the Iranian military to bomb a popular Washington, DC, res- taurant with the aim of assassinating the ambas- sador of Saudi Arabia to the United States.
(20) In 1996, agents of the Government of Iran allegedly assassinated 5 Iranian dissident exiles across Turkey, Pakistan, and Baghdad, over a 5- month period that year.
(21) In 1992, the Foreign and Commonwealth Office of the United Kingdom expelled 2 Iranians employed at the Iranian Embassy in London and a third Iranian on a student visa amid allegations they were plotting to kill Indian-born British American novelist Salman Rushdie, pursuant to the fatwa issued by then supreme leader of Iran, Ayatollah Ruhollah Khomeini.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2737 (22) In 1992, 4 Iranian Kurdish dissidents were assassinated at a restaurant in Berlin, Ger- many, allegedly by Iranian agents.

(23) In 1992, singer, actor, poet, and gay Ira- nian 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 Free- dom Foundation, was murdered in front of his Be- thesda, Maryland, home by an assassin disguised as a postal courier.

The Federal Bureau of Investiga- tion 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 mur- derous extraterritorial campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali Oveissi.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2738 (26) Iranian Americans face an ongoing cam- paign of intimidation both in the virtual and phys- ical world by agents and affiliates of the Government of Iran, which aims to stifle freedom of expression and eliminate the threat Iranian authorities believe democracy, justice, and gender equality pose to their rule.

SEC.

203.

DEFINITIONS.


In this title: (1) ADMISSION; ADMITTED; ALIEN.—The terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C.

1101).
(2) APPROPRIATE CONGRESSIONAL COMMIT- TEES.—The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Financial Services, the Committee on Foreign Affairs, the Com- mittee on the Judiciary, and the Permanent Se- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2739 lect Committee on Intelligence of the House of Representatives.

(3) CORRESPONDENT ACCOUNT; PAYABLE- THROUGH ACCOUNT.—The terms ‘‘correspondent ac- count’’ and ‘‘payable-through account’’ have the meanings given those terms in section 5318A of title 31, United States Code.
(4) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign financial institution’’ has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Com- prehensive Iran Sanctions, Accountability, and Di- vestment Act of 2010 (22 U.S.C.

8513(i)).

(5) FOREIGN PERSON.—The term ‘‘foreign per- son’’ means any individual or entity that is not a United States person.
(6) UNITED STATES PERSON.—The term ‘‘United States person’’ means— (A) a United States citizen or an alien law- fully 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

204.
SEC.

204.

REPORT AND IMPOSITION OF SANCTIONS WITH 2740 RESPECT TO PERSONS WHO ARE RESPON- SIBLE FOR OR COMPLICIT IN ABUSES TO- WARD DISSIDENTS ON BEHALF OF THE GOV- ERNMENT OF IRAN.
(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appro- priate congressional committees a report that— (A) includes a detailed description and as- sessment of— (i) the state of human rights and the rule of law inside Iran, including the treat- ment of marginalized individuals and com- munities in Iran; (ii) actions taken by the Government of Iran during the year preceding submis- sion of the report to target and silence dis- sidents both inside and outside of Iran who advocate for human rights inside Iran; (iii) the methods used by the Govern- ment of Iran to target and silence dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2741 sidents both inside and outside of Iran; and (iv) the means through which the Government of Iran finances efforts to tar- get and silence dissidents both inside and outside of Iran and the amount of that fi- nancing; (B) identifies foreign persons working as part of the Government of Iran or acting on be- half of that Government or its proxies that are involved in harassment and surveillance and that the Secretary of State may also, as appro- priate, determine, in consultation with the Sec- retary of the Treasury, are knowingly respon- sible for, complicit in, or involved in ordering, conspiring, planning, or implementing the sur- veillance, harassment, kidnapping, illegal extra- dition, imprisonment, torture, killing, or assas- sination, on or after the date of the enactment of this Act, of citizens of Iran (including citi- zens of Iran of dual nationality) or citizens of the United States, inside or outside Iran, who seek— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2742 (i) to expose illegal or corrupt activity carried out by officials of the Government of Iran; or (ii) to obtain, exercise, defend, or pro- mote the human rights of individuals, in- cluding members of marginalized commu- nities, in Iran; and (C) includes, for each foreign person iden- tified under subparagraph (B), a clear expla- nation for why the foreign person was so identi- fied.
(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 para- graph (1)(B), on an ongoing basis as appro- priate.
(3) FORM OF REPORT.— (A) IN GENERAL.—Each report required by paragraph (1) and each update required by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2743 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 for- eign person identified under paragraph (1)(B) of sub- section (a) in the most recent report or update submitted under that subsection, the President shall impose the sanctions described in subsection (c), pursuant to this sec- tion or an appropriate Executive authority.
(c) SANCTIONS DESCRIBED.—The sanctions de- scribed in this subsection are the following: (1) BLOCKING OF PROPERTY.—The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C.

1701 et seq.)
1701 et seq.)

to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person de- scribed in subsection (a)(1)(B) if such property and interests in property are in the United States, come December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2744 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 ADMIS- SION TO THE UNITED STATES.—In the case of a foreign person described in subsection (a)(1)(B) who is an individual, the individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to re- ceive any other benefit under the Immigra- tion and Nationality Act (8 U.S.C.
1101 et seq.).

(B) CURRENT VISAS REVOKED.— (i) IN GENERAL.—The visa or other entry documentation of an individual de- scribed in subparagraph (A) shall be re- voked, regardless of when such visa or other entry documentation is or was issued.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2745 (ii) IMMEDIATE EFFECT.—A revoca- tion under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documenta- tion that is in the individual’s posses- sion.

SEC.

205.

REPORT AND IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITU- TIONS CONDUCTING SIGNIFICANT TRANS- ACTIONS WITH PERSONS RESPONSIBLE 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 re- port 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 re- port that identifies any foreign financial institution that knowingly conducts a significant transaction with a for- eign person identified in the report submitted under sec- tion 204(a) on or after the date on which the foreign per- son is identified in that report.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2746 (b) IMPOSITION OF SANCTIONS.—The Secretary of the Treasury may prohibit the opening, or prohibit or im- pose 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 EN- FORCEMENT, AND NATIONAL SECURITY ACTIVI- TIES.—Sanctions under sections 204 and 205 shall not apply to any authorized intelligence, law enforce- ment, or national security activities of the United States.
(2) EXCEPTION TO COMPLY WITH UNITED NA- TIONS HEADQUARTERS AGREEMENT.—Sanctions under section 204(c)(2) shall not apply with respect to the admission of an individual to the United States if the admission of the individual is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2747 enna April 24, 1963, and entered into force March 19, 1967, or other applicable international obliga- tions.

(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 ex- ercise all authorities provided to the President under sections 203 and 205 of the International Emer- gency Economic Powers Act (50 U.S.C.

1702 and 1704) to carry out this title.


(2) PENALTIES.—A person that violates, at- tempts to violate, conspires to violate, or causes a violation of section 204(c)(1) or 205(b) or any regu- lation, license, or order issued to carry out either such section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2748 commits an unlawful act described in subsection (a) of that section.

SEC.

207.

EXCEPTION RELATING TO IMPORTATION OF GOODS.


(a) IN GENERAL.—Notwithstanding any other provi- sion of this title, the authorities and requirements to im- pose sanctions under this title shall not include the author- ity or a requirement to impose sanctions on the importa- tion of goods.

(b) GOOD DEFINED.—In this section, the term ‘‘good’’ means any article, natural or manmade substance, material, supply or manufactured product, including in- spection and test equipment, and excluding technical data.
TITLE III—TRADING PROHIBITIONS SEC.

301.

TRADING PROHIBITION FOR 2 CONSECUTIVE NON-INSPECTION YEARS.

Section 104(i) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7214(i)) is amended— (1) in paragraph (2)(A)(ii), by striking ‘‘the foreign jurisdiction described in clause (i)’’ and in- serting ‘‘a foreign jurisdiction’’; and (2) in paragraph (3)— (A) in the paragraph heading, by striking ‘‘3’’ and inserting ‘‘2’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2749 (B) in subparagraph (A), in the matter preceding clause (i), by striking ‘‘3’’ and insert- ing ‘‘2’’.
TITLE IV—ANTI-MONEY LAUN- DERING WHISTLEBLOWER IM- PROVEMENT SEC.

401.

WHISTLEBLOWER INCENTIVES AND PROTEC- TIONS.
(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 in- serting the following: ‘‘(b) AWARDS.— ‘‘(1) IN GENERAL.—In any covered judicial or administrative action, or related action, the Sec- retary, under regulations prescribed by the Sec- retary, in consultation with the Attorney General and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to the employer of the individual, the Secretary, or the Attorney General, as applicable, that led to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal to— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2750 ‘‘(A) not less than 10 percent, in total, of what has been collected of the monetary sanc- tions imposed in the action or related actions; and ‘‘(B) not more than 30 percent, in total, of what has been collected of the monetary sanc- tions imposed in the action or related actions.

‘‘(2) PAYMENT OF AWARDS.— ‘‘(A) IN GENERAL.—Any amount paid under paragraph (1) shall be paid from the Fund established under paragraph (3).
‘‘(B) RELATED ACTIONS.—The Secretary may pay awards less than the amount described in paragraph (1)(A) for related actions in which a whistleblower may be paid by another whistle- blower award program.

‘‘(3) SOURCE OF AWARDS.— ‘‘(A) IN GENERAL.—There shall be estab- lished in the Treasury of the United States a revolving fund to be known as the Financial In- tegrity Fund (referred to in this subsection as the ‘Fund’).
‘‘(B) USE OF FUND.—The Fund shall be available to the Secretary, without further ap- propriation or fiscal year limitations, only for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2751 the payment of awards to whistleblowers as pro- vided in subsection (b).

‘‘(C) RESTRICTIONS ON USE OF FUND.— The Fund shall not be available to pay any per- sonnel or administrative expenses.
‘‘(4) DEPOSITS AND CREDITS.— ‘‘(A) IN GENERAL.—There shall be depos- ited into or credited to the Fund an amount equal to— ‘‘(i) any monetary sanction collected by the Secretary or Attorney General in any judicial or administrative action under this title, chapter 35 or section 4305 or 4312 of title 50, or the Foreign Narcotics Kingpin Designation Act (21 U.S.C.

1901 et seq.
1901 et seq.

), unless the balance of the Fund at the time the monetary sanction is collected exceeds $300,000,000; and ‘‘(ii) all income from investments made under paragraph (5).

‘‘(B) ADDITIONAL AMOUNTS.—If the amounts deposited into or credited to the Fund under subparagraph (A) are not sufficient to satisfy an award made under this subsection, there shall be deposited into or credited to the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2752 Fund an amount equal to the unsatisfied por- tion of the award from any monetary sanction collected by the Secretary of the Treasury or Attorney General in the covered judicial or ad- ministrative action on which the award is based.
‘‘(C) EXCEPTION.—No amounts to be de- posited or transferred into the United States Victims of State Sponsored Terrorism Fund pursuant to the Justice for United States Vic- tims of State Sponsored Terrorism Act (34 U.S.C.

20144) or the Crime Victims Fund pur- suant 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 IN- VESTED.—The Secretary of the Treasury may invest the portion of the Fund that is not re- quired to meet the current needs of the Fund.

‘‘(B) ELIGIBLE INVESTMENTS.—Invest- ments 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- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2753 rities suitable to the needs of the Fund as de- termined by the Secretary.

‘‘(C) INTEREST AND PROCEEDS CRED- ITED.—The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to, and form a part of, the Fund.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.— Section 5323 of title 31, United States Code, is amend- ed— (1) in subsection (a)— (A) in paragraphs (1) and (5), by striking ‘‘this subchapter or subchapter III’’ each place the term appears and inserting ‘‘this sub- chapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Des- ignation Act (21 U.S.C.

1901 et seq.

), or .


), and for conspiracies to violate the aforemen- tioned provisions’’; and (B) in paragraph (4)— (i) by inserting ‘‘covered’’ after ‘‘re- spect to any’’; (ii) by striking ‘‘under this subchapter or subchapter III’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2754 (iii) by striking ‘‘action by the Sec- retary or the Attorney General’’ and in- serting ‘‘covered action’’; (2) in subsection (c)(1)(B)(iii)— (A) by striking ‘‘subchapter and sub- chapter III’’ and inserting ‘‘this subchapter, chapter 35 or section 4305 or 4312 of title 50, and the Foreign Narcotics Kingpin Designation Act (21 U.S.C.

1901 et seq.
1901 et seq.

)’’; and (B) by striking ‘‘either such subchapter’’ and inserting ‘‘the covered judicial or adminis- trative 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 TITLE U.S.C.

1901 et seq.

),’’ after ‘‘subchapter,’’.

V—SMALL BUSINESS ACQUISITIONS, MERGERS, SALES, AND BROKERAGE SIM- PLIFICATION 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2755 ‘‘(13) REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), an M&A broker shall be ex- empt 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 connec- tion with the transfer of ownership of an eligible privately held company, receives, holds, transmits, or has custody of the funds or securities to be exchanged by the parties to the transaction.
‘‘(ii) Engages on behalf of an issuer in a public offering of any class of securities that is registered, or is required to be reg- istered, with the Commission under section 12 or with respect to which the issuer files, or is required to file, periodic information, documents, and reports under subsection (d).
‘‘(iii) Engages on behalf of any party in a transaction involving a shell company, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2756 other than a business combination related shell company.
‘‘(iv) Directly, or indirectly through any of its affiliates, provides financing re- lated to the transfer of ownership of an eli- gible privately held company.

‘‘(v) Assists any party to obtain fi- nancing from an unaffiliated third party without— ‘‘(I) complying with all other ap- plicable 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2757 of the M&A broker to acquire the eligible privately held company.

‘‘(viii) Engages in a transaction in- volving the transfer of ownership of an eli- gible privately held company to a passive buyer or group of passive buyers.

‘‘(ix) Binds a party to a transfer of ownership of an eligible privately held com- pany.
‘‘(C) DISQUALIFICATION.—An M&A broker is not exempt from registration under this para- graph if such broker (and if and as applicable, including any officer, director, member, man- ager, 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 organiza- tion; or ‘‘(ii) is suspended from association with a broker or dealer.
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to limit any other authority of the Commission to ex- empt any person, or any class of persons, from December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2758 any provision of this title, or from any provision of any rule or regulation thereunder.
‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) BUSINESS COMBINATION RE- LATED SHELL COMPANY.—The term ‘busi- ness combination related shell company’ means a shell company that is formed by an entity that is not a shell company— ‘‘(I) solely for the purpose of changing the corporate domicile of that entity solely within the United States; or ‘‘(II) solely for the purpose of completing a business combination transaction (as defined under section 230.165(f) of title 17, Code of Fed- eral Regulations) among one or more entities other than the company itself, none of which is a shell company.
‘‘(ii) CONTROL.—The term ‘control’ means the power, directly or indirectly, to direct the management or policies of a company, whether through ownership of securities, by contract, or otherwise.

There is a presumption of control if, upon com- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2759 pletion of a transaction, the buyer or group of buyers— ‘‘(I) has the right to vote 25 per- cent or more of a class of voting secu- rities or the power to sell or direct the sale of 25 percent or more of a class of voting securities; or ‘‘(II) in the case of a partnership or limited liability company, has the right to receive upon dissolution, or has contributed, 25 percent or more of the capital.
‘‘(iii) ELIGIBLE PRIVATELY HELD COMPANY.—The term ‘eligible privately held company’ means a privately held com- pany that meets both of the following con- ditions: ‘‘(I) The company does not have any class of securities registered, or required to be registered, with the Commission under section 12 or with respect to which the company files, or is required to file, periodic informa- tion, documents, and reports under subsection (d).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2760 ‘‘(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 com- pany meets either or both of the fol- lowing conditions (determined in ac- cordance 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 deter- mines that such a modification is nec- essary or appropriate in the public in- terest or for the protection of inves- tors.

‘‘(iv) M&A BROKER.—The term ‘M&A broker’ means a broker, and any person December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2761 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 com- pany, regardless of whether the broker acts on behalf of a seller or buyer, through the purchase, sale, exchange, issuance, repur- chase, or redemption of, or a business com- bination involving, securities or assets of the eligible privately held company, if the broker reasonably believes that— ‘‘(I) upon consummation of the transaction, any person acquiring se- curities or assets of the eligible pri- vately held company, acting alone or in concert— ‘‘(aa) will control the eligible privately held company or the business conducted with the as- sets of the eligible privately held company; and ‘‘(bb) directly or indirectly, will be active in the management of the eligible privately held com- pany or the business conducted December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2762 with the assets of the eligible pri- vately held company, including without limitation, for example, by— ‘‘(AA) electing execu- tive officers; ‘‘(BB) approving the annual budget; ‘‘(CC) serving as an ex- ecutive or other executive manager; or ‘‘(DD) carrying out such other activities as the Commission may, by rule, determine to be in the public interest; and ‘‘(II) if any person is offered se- curities in exchange for securities or assets of the eligible privately held company, such person will, prior to becoming legally bound to consum- mate the transaction, receive or have reasonable access to the most recent fiscal year-end financial statements of the issuer of the securities as custom- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2763 arily prepared by the management of the issuer in the normal course of op- erations and, if the financial state- ments of the issuer are audited, re- viewed, or compiled, any related state- ment by the independent accountant, a balance sheet dated not more than 120 days before the date of the offer, and information pertaining to the management, business, results of op- erations for the period covered by the foregoing financial statements, and material loss contingencies of the issuer.
‘‘(v) SHELL COMPANY.—The term ‘shell company’ means a company that at the time of a transaction with an eligible privately held company— ‘‘(I) has no or nominal oper- ations; and ‘‘(II) has— ‘‘(aa) no or nominal assets; ‘‘(bb) assets consisting solely of cash and cash equivalents; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2764 ‘‘(cc) assets consisting of any amount of cash and cash equivalents and nominal other as- sets.
‘‘(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 there- after, each dollar amount in subparagraph (E)(iii)(II) shall be adjusted by— ‘‘(I) dividing the annual value of the Employment Cost Index For Wages and Salaries, Private Industry Workers (or any successor index), as published by the Bureau of Labor Statistics, for the calendar year pre- ceding the calendar year in which the adjustment is being made by the an- nual value of such index (or suc- cessor) for the calendar year ending December 31, 2020; and ‘‘(II) multiplying such dollar amount by the quotient obtained under subclause (I).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2765 ‘‘(ii) ROUNDING.—Each dollar amount determined under clause (i) shall be rounded to the nearest multiple of $100,000.’’.

(b) EFFECTIVE DATE.—This section and any amend- ment 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 FEDER- ALLY ASSISTED HOUSING FIRE SAFETY SEC.

601.

SMOKE ALARMS IN FEDERALLY ASSISTED HOUS- ING.


(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 amend- ed— (1) in section 3(a) (42 U.S.C.
1437a(a)), by adding at the end the following: ‘‘(9) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each public housing agency shall ensure that a qualifying smoke alarm is installed in accordance with applicable codes and standards published by the Inter- national Code Council or the National Fire Pro- tection Association and the requirements of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2766 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 at- tics, and in each common area in a project con- taining 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)).
2225(d)).

‘‘(ii) QUALIFYING SMOKE ALARM DE- FINED.—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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2767 ‘‘(BB) uses 10-year non re- chargeable, nonreplaceable pri- mary batteries and is sealed, is tamper resistant, and contains si- lencing 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 rehabili- tated after the date of enactment of this paragraph, is hardwired.’’; and (2) in section 8 (42 U.S.C.
1437f)— (A) by inserting after subsection (k) the following: ‘‘(l) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Each owner of a dwelling unit receiving project-based assistance under this section shall ensure that qualifying smoke alarms are installed in accordance with applicable codes and standards published by the International Code Coun- cil or the National Fire Protection Association and the requirements of the National Fire Protection As- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2768 sociation 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 com- mon area in a project containing such a dwelling unit.
‘‘(2) DEFINITIONS.—For purposes of this sub- section, the following definitions shall apply: ‘‘(A) SMOKE ALARM DEFINED.—The term ‘smoke alarm’ has the meaning given the term ‘smoke detector’ in section 29(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2225(d)).
‘‘(B) QUALIFYING SMOKE ALARM DE- FINED.—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 rehabili- tated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non recharge- able, nonreplaceable primary batteries and— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2769 ‘‘(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 Asso- ciation Standard 72, or any successor standard; or ‘‘(ii) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.’’; and (B) in subsection (o), by adding at the end the following: ‘‘(22) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each dwelling unit re- ceiving tenant-based assistance or project-based assistance under this subsection shall have a qualifying smoke alarm installed in accordance with applicable codes and standards published by the International Code Council or the Na- tional Fire Protection Association and the re- quirements of the National Fire Protection As- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2770 sociation Standard 72, or any successor stand- ard, in each level and in or near each sleeping area in such dwelling unit, including in base- ments but excepting crawl spaces and unfin- ished 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)).
2225(d)).

‘‘(ii) QUALIFYING SMOKE ALARM DE- FINED.—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 re- chargeable, nonreplaceable pri- mary batteries and is sealed, is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2771 tamper resistant, and contains si- lencing 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 rehabili- tated after the date of enactment of this paragraph, is hardwired.’’.

(b) SUPPORTIVE HOUSING FOR THE ELDERLY.— Section 202(j) of the Housing Act of 1959 (12 U.S.C.
1701q(j)) is amended by adding at the end the following: ‘‘(10) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Each owner of a dwelling unit assisted under this section shall ensure that qualifying smoke alarms are in- stalled in accordance with the requirements of applicable codes and standards and the Na- tional 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2772 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 DE- FINED.—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 re- chargeable, nonreplaceable pri- mary batteries and is sealed, is tamper resistant, and contains si- lencing means; and ‘‘(bb) provides notification for persons with hearing loss as December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2773 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 rehabili- tated after the date of enactment of this paragraph, is hardwired.’’.

(c) SUPPORTIVE HOUSING FOR PERSONS WITH DIS- ABILITIES.—Section 811(j) of the Cranston-Gonzalez Na- tional 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 as- sisted 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 Na- tional Fire Protection Association and the re- quirements of the National Fire Protection As- sociation Standard 72, or any successor stand- ard, in each level and in or near each sleeping area in such dwelling unit, including in base- ments but excepting crawl spaces and unfin- ished attics, and in each common area in a project containing such a dwelling unit.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2774 ‘‘(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 DE- FINED.—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 re- chargeable, nonreplaceable pri- mary batteries and is sealed, is tamper resistant, and contains si- lencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2775 Protection Association Standard 72, or any successor standard; or ‘‘(II) in the case of a dwelling unit built or substantially rehabili- tated after the date of enactment of this paragraph, is hardwired.’’.

(d) HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS.—Section 856 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12905) is amended by adding at the end the following new subsection: ‘‘(j) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Each dwelling unit assisted under this subtitle shall contain qualifying smoke alarms that are installed in accordance with applica- ble codes and standards published by the Inter- national Code Council or the National Fire Protec- tion Association and the requirements of the Na- tional 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 sub- section, the following definitions shall apply: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2776 ‘‘(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 DE- FINED.—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 rehabili- tated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non recharge- able, nonreplaceable primary batteries and— and ‘‘(AA) is sealed; ‘‘(BB) is tamper resistant; ‘‘(CC) contains silencing means; and ‘‘(II) provides notification for persons with hearing loss as required by the National Fire Protection Asso- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2777 ciation Standard 72, or any successor standard; or ‘‘(ii) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired.’’.

(e) RURAL HOUSING.—Title V of the Housing Act of 1949 (42 U.S.C.

1471 et seq.)

is amended— (1) in section 514 (42 U.S.C.
1484), by adding at the end the following: ‘‘(k) QUALIFYING SMOKE ALARMS.— ‘‘(1) IN GENERAL.—Housing and related facili- ties constructed with loans under this section shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards pub- lished by the International Code Council or the Na- tional 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 dwell- ing 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 sub- section, the following definitions shall apply: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2778 ‘‘(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 DE- FINED.—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 rehabili- tated after the date of enactment of this subsection— ‘‘(I)(aa) is hardwired; or ‘‘(bb) uses 10-year non recharge- able, nonreplaceable primary batteries and— and ‘‘(AA) is sealed; ‘‘(BB) is tamper resistant; ‘‘(CC) contains silencing means; and ‘‘(II) provides notification for persons with hearing loss as required by the National Fire Protection Asso- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2779 ciation Standard 72, or any successor standard; or ‘‘(ii) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this subsection, is hardwired.’’; and (2) in section 515(m) (42 U.S.C.
1485(m)), by adding at the end the following: ‘‘(3) QUALIFYING SMOKE ALARMS.— ‘‘(A) IN GENERAL.—Housing and related facili- ties rehabilitated or repaired with amounts received under a loan made or insured under this section shall contain qualifying smoke alarms that are in- stalled in accordance with applicable codes and standards published by the International Code Coun- cil or the National Fire Protection Association and the requirements of the National Fire Protection As- sociation 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 com- mon area in a project containing such a dwelling unit.
‘‘(B) DEFINITIONS.—For purposes of this para- graph, the following definitions shall apply: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2780 ‘‘(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 DE- FINED.—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 rehabili- tated after the date of enactment of this paragraph— ‘‘(aa)(AA) is hardwired; or ‘‘(BB) uses 10-year non re- chargeable, nonreplaceable primary batteries and is sealed, is tamper re- sistant, and contains silencing means; and ‘‘(bb) provides notification for persons with hearing loss as required by the National Fire Protection Asso- ciation Standard 72, or any successor standard; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2781 ‘‘(II) in the case of a dwelling unit built or substantially rehabilitated after the date of enactment of this paragraph, is hardwired.’’.

(f) FARM LABOR HOUSING DIRECT LOANS & GRANTS.—Section 516 of the Housing Act of 1949 (42 U.S.C.
1486) is amended— (1) in subsection (c)— (A) in paragraph (2), by striking ‘‘and’’ at the end; (B) in paragraph (3), by striking the pe- riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(4) that such housing shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, in- cluding in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.’’; and (2) in subsection (g)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2782 (A) in paragraph (3) by striking ‘‘and’’ at the end; (B) in paragraph (4), by striking the pe- riod 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 be- fore the date of enactment of this paragraph and not substantially rehabilitated after the date of enactment of this paragraph— ‘‘(i)(I) is hardwired; or ‘‘(II) uses 10-year non rechargeable, nonreplaceable primary batteries and— ‘‘(aa) is sealed; ‘‘(bb) is tamper resistant; and ‘‘(cc) contains silencing means; and ‘‘(ii) provides notification for persons with hearing loss as required by the Na- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2783 tional Fire Protection Association Stand- ard 72, or any successor standard; or ‘‘(B) in the case of a dwelling unit built or substantially rehabilitated after the date of en- actment of this paragraph, is hardwired.’’.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the amend- ments made by this section such sums as are necessary for each of fiscal years 2023 through 2027.
(h) EFFECTIVE DATE.—The amendments made by subsections (a) through (f) shall take effect on the date that is 2 years after the date of enactment of this Act.

(i) NO PREEMPTION.—Nothing in the amendments made by this section shall be construed to preempt or limit the applicability of any State or local law relating to the installation and maintenance of smoke alarms in housing that requires standards that are more stringent than the standards described in the amendments made by this sec- tion.
TITLE VII—BENJAMIN BERELL CONGRESSIONAL FERENCZ GOLD MEDAL SEC.

701.

SHORT TITLE.

This title may be cited as the ‘‘Benjamin Berell Ferencz Congressional Gold Medal Act’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2784 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-Se- mitic persecution and emigrated to the United States.

Ben grew up in New York City, and, in 1940, was awarded a scholarship to Harvard Law School where he graduated with honors.

(3) After the onset of World War II, Ben en- listed in the United States Army in 1943, and joined an anti-aircraft artillery battalion preparing for the invasion of France.

As an enlisted man under Gen- eral Patton, he fought in most of the major cam- paigns in Europe.
(4) As Nazi atrocities were uncovered, Ben was transferred to a newly created War Crimes Branch of the Army to gather evidence of war crimes that could be used in a court of law to prosecute persons responsible for these crimes.

Ben documented the horrors perpetrated by Nazi Germany, visiting con- centration camps as they were liberated.
(5) At the end of 1945, Ben was honorably dis- charged from the United States Army with the rank December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2785 of Sergeant of Infantry.

He had been awarded five battle stars.


(6) In 1946, the United States Government re- cruited Ben to join the team working on the Nurem- berg tribunals, a novel independent court established to try top-ranking Nazi officials for crimes per- petrated 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 research- ers investigating official Nazi records, which pro- vided overwhelming evidence to implicate German doctors, lawyers, judges, generals, industrialists, and others in genocide.

(7) By 1948, at age 27, Ben had secured enough evidence to prosecute 22 SS members of Nazi killing squads charged for the murder of over 1,000,0000 Jewish, Roma, Soviet, and other men, women, and children in shooting massacres in occu- pied Soviet territory.
He was appointed chief pros- ecutor in the Einsatzgruppen Trial, in what the As- sociated Press called ‘‘the biggest murder trial in history’’.

The court found 20 Nazi officials guilty of war crimes, crimes against humanity, and member- ship in a criminal organization for their roles in the murder of over a million people.

An additional two December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2786 defendants were found guilty for membership in a criminal organization.

(8) After the Nuremberg trials ended, Ben fought for compensation for victims and survivors of the Holocaust, the return of stolen assets, and other forms of restitution for those who had suffered at the hands of the Nazis.

(9) Since the 1970s, Ben has worked tirelessly to promote development of international mechanisms to outlaw and punish aggressive war and the crimes of genocide, crimes against humanity and war crimes.
His efforts contributed to the establishment of the International Criminal Court and to the rec- ognition 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 con- flict and reach peaceful conclusions to geopolitical disputes.

His unwavering goal has been ‘‘to establish a legal precedent that would encourage a more hu- mane and secure world in the future’’.
(11) Ben, at age 102, is still active, giving speeches throughout the world about lessons learned during his extraordinary career.

He is compelled by the imperative to ‘‘replace the rule of force with the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2787 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 jus- tice 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 tem- pore 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 inter- national community during the post-World War II Nurem- berg 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 ‘‘Sec- retary’’) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Sec- retary.

The design shall bear an image of, and inscription of the name of, Benjamin Berell Ferencz.
(c) DISPOSITION OF MEDAL.—Following the award of the gold medal under subsection (a), the gold medal shall be given to Benjamin Berell Ferencz or, if unavail- able, to his son, Donald Ferencz.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

704.

DUPLICATE MEDALS.


2788 (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 there- of, including labor, materials, dies, use of machinery, and overhead expenses.

(b) UNITED STATES HOLOCAUST MEMORIAL MU- SEUM.— (1) IN GENERAL.—The Secretary shall provide a duplicate bronze medal described under subsection (a) to the United States Holocaust Memorial Mu- seum.
(2) SENSE OF CONGRESS.—It is the sense of Congress that the United States Holocaust Memo- rial Museum should make the duplicate medal re- ceived under this subsection available for display to the public whenever the United States Holocaust Memorial Museum determines that such display is timely, feasible, and practical.

SEC.

705.

STATUS OF MEDALS.

(a) NATIONAL MEDALS.—The medals struck pursu- ant to this title are national medals for purposes of chap- ter 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.

1 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2789 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 nec- essary 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 11 Enterprise Fund.
TITLE VIII—CONGRESSIONAL OVERSIGHT COMMISSION SEC.

801.

TERMINATION OF CONGRESSIONAL OVERSIGHT COMMISSION.

Section 4020(f) of the CARES Act (15 U.S.C.

9055(f)) is amended by striking ‘‘September 30, 2025’’ and inserting ‘‘June 30, 2023’’.

TITLE IX—FLOOD INSURANCE SEC.

901.

REAUTHORIZATION OF NATIONAL FLOOD INSUR- ANCE PROGRAM.

(a) FINANCING.—Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C.
4016(a)) is amended by striking ‘‘September 30, 2022’’ and inserting 25 ‘‘September 30, 2023’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2790 (b) PROGRAM EXPIRATION.—Section 1319 of the Na- tional 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 amend- ments 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 ‘‘Sec- retary’’ means the Secretary of Commerce.
(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordi- nation with the Chief Information Officer of the Depart- ment of Commerce, shall modify the manufacturing.gov website by establishing a section of the website to be known as the ‘‘manufacturing.gov hub’’.
(c) FUNCTIONS.—The manufacturing.gov hub estab- lished under subsection (b) shall— (1) serve as the primary hub for information re- lating to every Federal manufacturing program, in- cluding the programs identified in the report of the Government Accountability Office entitled ‘‘U.S.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2791 Manufacturing’’ (GAO 17–240), published on March 28, 2017; (2) provide the contact information of relevant program offices carrying out the Federal manufac- turing programs described in paragraph (1); (3) provide an avenue for public input and feed- back 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 chal- lenges experienced by manufacturers in the United States; (4) establish web pages within the hub that shall focus on— (A) technology and research and develop- ment; (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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2792 (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 car- rying 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 Con- sumer 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 chil- dren up to 72 months of age from injury or death.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2793 (c) CONSUMER PRODUCT SAFETY STANDARD RE- QUIRED.— (1) IN GENERAL.—Except as provided in sub- section (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 manu- facturers, craft or handmade furniture manu- facturers, and independent child product engi- neers and experts, examine and assess the ef- fectiveness of any voluntary consumer product safety standards for clothing storage units; and (B) in accordance with section 553 of title 5, United States Code, and paragraph (2), pro- mulgate a final consumer product safety stand- ard for clothing storage units to protect chil- dren from tip-over-related death or injury, that shall take effect 180 days after the date of pro- mulgation or such a later date as the Commis- sion determines appropriate.
(2) REQUIREMENTS.—The standard promul- gated under paragraph (1) shall protect children from tip-over-related death or injury with— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2794 (A) tests that simulate the weight of chil- dren 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, in- cluding those 27 inches and above in height; and (D) warning requirements based on ASTM F2057–19, or its successor at the time of en- actment, 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 chil- dren 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2795 (4) TREATMENT OF STANDARD.—A consumer product safety standard promulgated under para- graph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Con- sumer Product Safety Act (15 U.S.C.

2058).
2058).

(d) ADOPTION OF VOLUNTARY STANDARD.— (1) IN GENERAL.—If a voluntary standard ex- ists 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 perform- ance requirements of such voluntary standard re- lated 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 deter- mines appropriate.
Such standard will supersede any other existing standard for clothing storage units to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2796 protect children from tip-over-related death or in- jury.
(2) REQUIREMENTS.—The requirements of this paragraph with respect to a voluntary standard for clothing storage units are that such standard— (A) protects children up to 72 months of age from tip-over-related death or injury; (B) meets the requirements described in subsection (c)(2); (C) is, or will be, published not later than 60 days after the date of enactment of this Act; and (D) is developed by ASTM International or such other standard development organization that the Commission determines is in compli- ance with the intent of this section.
(3) NOTICE REQUIRED TO BE PUBLISHED IN THE FEDERAL REGISTER.—The Commission shall publish a notice in the Federal Register upon begin- ning the promulgation of a rule under this sub- section.
(e) REVISION OF VOLUNTARY STANDARD.— (1) NOTICE TO COMMISSION.—If the perform- ance requirements of a voluntary standard adopted under subsection (d) are subsequently revised, the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2797 organization that revised the performance require- ments of such standard shall notify the Commission of such revision after final approval.
(2) TREATMENT OF REVISION.—Not later than 90 days after the date on which the Commission is notified of revised performance requirements of a voluntary standard described in paragraph (1) (or such later date as the Commission determines ap- propriate), the Commission shall determine whether the revised performance requirements meet the re- quirements of subsection (d)(2)(B), and if so, mod- ify, in accordance with section 553 of title 5, United States Code, the standard promulgated under sub- section (d) to include the revised performance re- quirements that the Commission determines meet such requirements.
The modified standard shall take effect after 180 days or such later date as the Com- mission deems appropriate.
(f) SUBSEQUENT RULEMAKING.— (1) IN GENERAL.—Beginning 5 years after the date of enactment of this Act, subsequent to the publication of a consumer product safety standard under this section, the Commission may, at any time, initiate rulemaking, in accordance with section 553 of title 5, United States Code, to modify the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2798 quirements of such standard or to include additional provisions if the Commission makes a determination that such modifications or additions are reasonably necessary to protect children from tip-over-related death or injury.
(2) PETITION FOR REVISION OF RULE.— (A) IN GENERAL.—If the Commission re- ceives a petition for a new or revised test that permits incorporated safety features (excluding tip restraints) to work as intended, if the fea- tures cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as the tests developed under sub- section (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 re- quirements for petitions set forth in sec- tion 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 9(i) of the Consumer Product Safety Act (15 U.S.C.
2058(i)); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2799 (ii) whether the petition demonstrates that the test could reasonably meet the re- quirements of subsection (c)(2)(B), and if so, the Commission shall determine by re- corded vote, within 60 days after the deter- mination, whether to initiate rulemaking, in accordance with section 553 of title 5, United States Code, to revise a consumer product safety standard promulgated under this section to include the new or re- vised test.
(B) DEMONSTRATION OF COMPLIANCE.— Compliance with the testing requirements of a standard revised under subparagraph (A) may be demonstrated either through the perform- ance of a new or revised test under subpara- graph (A) or the performance of the tests oth- erwise required under a standard promulgated under this section.
(3) TREATMENT OF RULES.—Any rule promul- gated under this subsection, including any modifica- tion or revision made under this subsection, shall be treated as a consumer product safety rule promul- gated under section 9 of the Consumer Product Safety Act (15 U.S.C.

2058).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2800 TITLE III—INFORM CONSUMERS SEC.

301.


COLLECTION, VERIFICATION, AND DISCLOSURE OF INFORMATION BY ONLINE MARKET- PLACES TO INFORM CONSUMERS.
(a) COLLECTION AND VERIFICATION OF INFORMA- TION.— (1) COLLECTION.— (A) IN GENERAL.—An online marketplace shall require any high-volume third party seller on such online marketplace’s platform to pro- vide, 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 ac- count 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 INFORMA- TION.—The bank account or payee in- formation required under subclause (I) may be provided by the seller in the following ways: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2801 (aa) To the online market- place.
(bb) To a payment processor or other third party contracted by the online marketplace to maintain such information, pro- vided that the online marketplace ensures that it can obtain such information within 3 business days from such payment proc- essor or other third party.

(ii) CONTACT INFORMATION.—Contact information for such seller as follows: (I) With respect to a high-volume third party seller that is an individual, the individual’s name.
(II) With respect to a high-vol- ume third party seller that is not an individual, one of the following forms of contact information: (aa) A copy of a valid gov- ernment-issued identification for an individual acting on behalf of such seller that includes the indi- vidual’s name.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2802 (bb) A copy of a valid gov- ernment-issued record or tax doc- ument that includes the business name and physical address of such seller.

(iii) TAX ID.—A business tax identi- fication number, or, if such seller does not have a business tax identification number, a taxpayer identification number.

(iv) WORKING EMAIL AND PHONE NUMBER.—A current working email ad- dress and phone number for such seller.
(B) NOTIFICATION OF CHANGE; ANNUAL CERTIFICATION.—An online marketplace shall— (i) periodically, but not less than an- nually, notify any high-volume third party seller on such online marketplace’s plat- form of the requirement to keep any infor- mation 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2803 receiving the notice under clause (i), elec- tronically certify that— (I) the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or (II) there have been no changes to such seller’s information.
(C) SUSPENSION.—In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or elec- tronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, sus- pend any future sales activity of such seller until such seller provides such information or certification.
(2) VERIFICATION.— (A) IN GENERAL.—An online marketplace shall— (i) verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2804 (ii) verify any change to such informa- tion not later than 10 days after being no- tified of such change by a high-volume third party seller under paragraph (1)(B).
(B) PRESUMPTION OF VERIFICATION.—In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.

(3) DATA USE LIMITATION.—Data collected solely to comply with the requirements of this sec- tion may not be used for any other purpose unless required by law.
(4) DATA SECURITY REQUIREMENT.—An online marketplace shall implement and maintain reason- able security procedures and practices, including ad- ministrative, physical, and technical safeguards, ap- propriate 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, de- struction, or modification.
(b) DISCLOSURE REQUIRED.— (1) REQUIREMENT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2805 (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 pro- vide the information described in subpara- graph (B) to the online marketplace; and (ii) disclose the information described in subparagraph (B) to consumers in a clear and conspicuous manner— (I) on the product listing page (including via hyperlink); or (II) in the order confirmation message or other document or com- munication made to the consumer after the purchase is finalized and in the consumer’s account transaction history.
(B) INFORMATION DESCRIBED.—The in- formation described in this subparagraph is the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2806 (i) Subject to paragraph (2), the iden- tity 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 messaging (which may be provided to such seller by the online marketplace), provided that the requirements of this item shall not prevent an online December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2807 marketplace from monitoring communications between high- volume third party sellers and users of the online marketplace for fraud, abuse, or spam.
(ii) Whether the high-volume third party seller used a different seller to sup- ply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the informa- tion described in clause (i) relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase.
(2) EXCEPTION.— (A) IN GENERAL.—Subject to subpara- graph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity in- formation 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2808 a business address and only has a residen- tial street address, or has a combined busi- ness and residential address, the online marketplace may— (I) disclose only the country and, if applicable, the State in which such seller resides; and (II) inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of elec- tronic messaging provided to such seller by the online marketplace.
(ii) If such seller certifies to the online marketplace that the seller is a business that has a physical address for product re- turns, the online marketplace may disclose the seller’s physical address for product re- turns.

(iii) If such seller certifies to the on- line marketplace that the seller does not have a phone number other than a per- sonal phone number, the online market- place shall inform consumers that there is December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2809 no phone number available for the seller and that consumer inquiries should be sub- mitted to the seller’s email address or other means of electronic messaging pro- vided to such seller by the online market- place.
(B) LIMITATION ON EXCEPTION.—If an online marketplace becomes aware that a high- volume third party seller has made a false rep- resentation 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 re- ceived 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 mes- saging 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2810 the identity information required under para- graph (1)(B)(i).

(3) REPORTING MECHANISM.—An online mar- ketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mecha- nism that allows for electronic and telephonic report- ing of suspicious marketplace activity to the online marketplace.
(4) COMPLIANCE.—If a high-volume third party seller does not comply with the requirements to pro- vide and disclose information under this subsection, the online marketplace shall, after providing the sell- er with written or electronic notice and an oppor- tunity 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 COMMIS- SION.— 21 22 23 24 (1) UNFAIR AND DECEPTIVE ACTS OR PRAC- TICES.—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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2811 prescribed under section 18(a)(1)(B) of the Federal 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 subsections (a) and (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C.

41 et seq.)

were incorporated into and made a part of this section.
(B) PRIVILEGES AND IMMUNITIES.—Any person that violates subsection (a) or (b) shall be subject to the penalties, and entitled to the privileges and immunities, provided in the Fed- eral Trade Commission Act (15 U.S.C.

41 et seq.).
41 et seq.).

(3) REGULATIONS.—The Commission may pro- mulgate regulations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2812 (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 GEN- ERAL.— (1) IN GENERAL.—If the attorney general of a State has reason to believe that any online market- place has violated or is violating this section or a regulation promulgated under this section that af- fects one or more residents of that State, the attor- ney 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 de- fendant; (B) enforce compliance with this section or such regulation; (C) obtain civil penalties in the amount provided for under subsection (c); (D) obtain other remedies permitted under State law; and (E) obtain damages, restitution, or other compensation on behalf of residents of the State.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2813 (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 ac- tion, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.
(3) INTERVENTION BY THE COMMISSION.— Upon receiving notice under paragraph (2), the Commission shall have the right— (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal.
(4) LIMITATION ON STATE ACTION WHILE FED- ERAL 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 Commis- sion for any violation of this section or a regulation promulgated under this section that is alleged in the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2814 complaint.

A State attorney general, or official or agency of a State, may join a civil action for a viola- tion of this section or regulation promulgated under this section filed by the Commission.
(5) RULE OF CONSTRUCTION.—For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer, or official or agency of a State, by the laws of the State to conduct inves- tigations, administer oaths or affirmations, or com- pel the attendance of witnesses or the production of documentary and other evidence.
(6) ACTIONS BY OTHER STATE OFFICIALS.— (A) IN GENERAL.—In addition to civil ac- tions brought by attorneys general under para- graph (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 para- graph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2815 (B) SAVINGS PROVISION.—Nothing in this subsection may be construed to prohibit an au- thorized 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 appli- cation of such provision to other persons not similarly situ- ated or to other circumstances shall not be affected by the invalidation.

13 (f) DEFINITIONS.—In this section: (1) COMMISSION.—The term ‘‘Commission’’ means the Federal Trade Commission.
(2) CONSUMER PRODUCT.—The term ‘‘con- sumer product’’ has the meaning given such term in section 101 of the Magnuson-Moss Warranty—Fed- eral Trade Commission Improvement Act (15 U.S.C.

2301) and section 700.1 of title 16, Code of Federal Regulations.

(3) HIGH-VOLUME THIRD PARTY SELLER.— (A) IN GENERAL.—The term ‘‘high-volume third party seller’’ means a participant on an online marketplace’s platform who is a third December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2816 party seller and, in any continuous 12-month period during the previous 24 months, has en- tered into 200 or more discrete sales or trans- actions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.
(B) CLARIFICATION.—For purposes of cal- culating the number of discrete sales or trans- actions or the aggregate gross revenues under subparagraph (A), an online marketplace shall only be required to count sales or transactions made through the online marketplace and for which payment was processed by the online marketplace, either directly or through its pay- ment processor.
(4) ONLINE MARKETPLACE.—The term ‘‘online marketplace’’ means any person or entity that oper- ates a consumer-directed electronically based or accessed platform that— (A) includes features that allow for, facili- tate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2817 (B) is used by one or more third party sell- ers for such purposes; and (C) has a contractual or similar relation- ship with consumers governing their use of the platform to purchase consumer products.

(5) SELLER.—The term ‘‘seller’’ means a per- son 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 on- line marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online market- place’s platform.
(B) EXCLUSIONS.—The term ‘‘third party seller’’ does not include, with respect to an on- line 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 ad- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2818 dress, and working contact informa- tion; (II) an ongoing contractual rela- tionship with the online marketplace to provide the online marketplace with the manufacture, distribution, whole- saling, or fulfillment of shipments of consumer products; and (III) provided to the online mar- ketplace identifying information, as described in subsection (a), that has been verified in accordance with that subsection.
(7) VERIFY.—The term ‘‘verify’’ means to con- firm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online mar- ketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s be- half, not misappropriated, and not falsified.
(g) RELATIONSHIP TO STATE LAWS.—No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regula- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2819 tion, 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 SAFE- TY ACT REAUTHORIZATION SEC.

401.

COVERED ENTITY DEFINED.

(a) IN GENERAL.—Section 1403 of the Virginia 10 Graeme Baker Pool and Spa Safety Act (15 U.S.C.
8002) 11 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 fol- lowing: ‘‘(4) COVERED ENTITY.—The term ‘covered en- tity’ 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 Assist- ance Act (25 U.S.C.
5304(e)).’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2820 (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 Con- sumer 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) 10 is amended to read as follows: 11 12 13 14 ‘‘SEC.

1405.

SWIMMING POOL SAFETY GRANT PROGRAM.

‘‘(a) IN GENERAL.—Subject to the availability of ap- propriations authorized by subsection (e), the Commission shall carry out a grant program to provide assistance to 15 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 cov- ered entity submits an application to the Commis- sion for a grant under this section, the covered enti- ty 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2821 constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and ‘‘(B) meets the minimum State law re- quirements of section 1406; and ‘‘(2) submit an application to the Commission at such time, in such form, and containing such ad- ditional information as the Commission may require.
‘‘(c) AMOUNT OF GRANT.—The Commission shall de- termine the amount of a grant awarded under this section, 11 and shall consider— ‘‘(1) the population of the covered entity; ‘‘(2) the relative enforcement and implementa- tion needs of the covered entity; and ‘‘(3) allocation of grant funds in a manner de- signed to provide the maximum benefit from the program in terms of protecting children from drown- ing 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 avail- able— ‘‘(A) to hire and train personnel for imple- mentation and enforcement of standards under December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2822 the swimming pool and spa safety law of the State or Indian Tribe; and ‘‘(B) to defray administrative costs associ- ated with the hiring and training programs under subparagraph (A); and ‘‘(2) the remainder— ‘‘(A) to educate pool owners, pool opera- tors, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and ‘‘(B) to defray administrative costs associ- ated with the education programs under sub- paragraph (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— 22 23 24 25 (1) in subsection (a)(2), by striking ‘‘the eligi- bility of a State’’ each place it appears and inserting ‘‘the eligibility of a covered entity’’; and (2) by adding at the end the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2823 ‘‘(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 in- form the public of methods to prevent drowning and en- trapment in swimming pools and spas.
In carrying out the program, the Commission shall develop— ‘‘(1) educational materials designed for swim- ming pool and spa manufacturers, service compa- nies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement; ‘‘(2) educational materials designed for swim- ming 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2824 fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a).’’.

TITLE V—RANSOMWARE ACT SEC.

501.

SHORT TITLE.


This title may be cited as the ‘‘Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act’’ or the ‘‘RANSOMWARE Act’’.

SEC.

502.

INCLUSION OF REPORT.


Section 2 of Public Law 116–173 is amended— (1) in paragraph (3), by striking ‘‘; and’’; (2) in paragraph (4), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(5) the first report required by the RANSOMWARE Act.’’.

SEC.

503.

REPORT ON RANSOMWARE AND OTHER CYBER- RELATED ATTACKS BY CERTAIN FOREIGN IN- DIVIDUALS, COMPANIES, AND GOVERN- MENTS.
(a) IN GENERAL.—With the transmission of the re- port required by section 2 of Public Law 116–173, and separately in 2025 and 2027, the Federal Trade Commis- sion shall transmit to the Committee on Energy and Com- merce of the House of Representatives and the Committee December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2825 on Commerce, Science, and Transportation of the Senate a report, which may include a classified annex for informa- tion that is nonpublic or related to Commission investiga- tions or interagency deliberations, and that shall include the following: (1) The number and details of cross-border complaints received by the Commission (including which such complaints were acted upon and which such complaints were not acted upon) that relate to incidents that were reported to the Commission as committed by individuals, companies, or govern- ments, including those described in subsection (b), broken down by each type of individual, type of com- pany, 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 de- scribed in subsection (b), broken down by each type of individual, type of company, or government de- scribed in a paragraph of such subsection.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2826 (3) A description of trends in the number of cross-border complaints received by the Commission and reported to the Commission as incidents that were committed by individuals, companies, or gov- ernments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(4) Identification and details of foreign agencies (including foreign law enforcement agencies (as de- fined in section 4 of the Federal Trade Commission Act (15 U.S.C.

44))) located in Russia, China, North Korea, or Iran with which the Commission has cooperated and the results of such cooperation, including any foreign agency enforcement action or lack thereof.
(5) A description of Commission litigation, in relation to cross-border complaints described in paragraphs (1) and (2), brought in foreign courts and the results of such litigation.

(6) Any recommendations for legislation that may advance the mission of the Commission in car- rying out the U.S.

SAFE WEB Act of 2006 and the amendments made by such Act.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2827 (7) Any recommendations for legislation that may advance the security of the United States and United States companies against ransomware and other cyber-related attacks.

(8) Any recommendations for United States citizens and United States businesses to implement best practices on mitigating ransomware and other cyber-related attacks.
(b) INDIVIDUALS, COMPANIES, AND GOVERNMENTS DESCRIBED.—The individuals, companies, and govern- ments described in this subsection are the following: (1) An individual located within Russia or with direct or indirect ties to the Government of the Rus- sian Federation.

(2) A company located within Russia or with di- rect or indirect ties to the Government of the Rus- sian 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 Peo- ple’s Republic of China.

(5) A company located within China or with di- rect or indirect ties to the Government of the Peo- ple’s Republic of China.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2828 (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 Is- lamic Republic of Iran.
(11) A company located within Iran or with di- rect or indirect ties to the Government of the Is- lamic Republic of Iran.

(12) The Government of the Islamic Republic of Iran.

TITLE VI—TRAVEL AND TOURISM SEC.

600.

DEFINED TERM.
600.

DEFINED TERM.

In this title, the term ‘‘COVID–19 public health emergency’’— 24 25 (1) means the public health emergency first de- clared on January 31, 2020, by the Secretary of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2829 Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C.
247d) with respect to COVID–19; and (2) includes any renewal of such declaration pursuant to such section 319.

Subtitle A—Travel Promotion SEC.

601.

SHORT TITLE.

This subtitle may be cited as the ‘‘Visit America Act’’.

SEC.

602.

PURPOSES.
The purposes of this subtitle are— (1) to support the travel and tourism industry, which produces economic impacts that are vital to our national economy; and (2) to establish national goals for international visitors to the United States, including— (A) recommendations for achieving such goals and timelines for implementing such rec- ommendations; (B) coordination between Federal and State agencies; (C) the resources needed by each Govern- ment agency to achieve such goals; and (D) the number of international visitors and the value of national travel exports.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

603.

SENSE OF CONGRESS.
2830 It is the sense of Congress that— (1) setting a national goal for the number of international visitors to the United States is vital for aligning Federal tourism policy to support American jobs and economic growth; (2) setting a national goal for travel exports is vital for aligning Federal tourism policy to support American jobs, increase travel exports, and improve our Nation’s balance of trade; (3) the travel industry is an essential part of the United States services exports with respect to business, education, medical, and leisure travel; (4) the promotion of travel and visitation by the Corporation for Travel Promotion (doing business as ‘‘Brand USA’’) is vital to increasing visitation and articulating the visitation laws of the United States; and (5) there is an urgent need for a coordinated travel and tourism industry response and strategy to respond to the current state of such industry and fu- ture unforeseen circumstances that may impact the travel and tourism industry.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2831 SEC.

604.

ASSISTANT SECRETARY OF COMMERCE FOR TRAVEL AND TOURISM.

Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat.

1382; 5 U.S.C.

App.)


is amended— (1) by striking ‘‘There shall be in the Depart- ment two additional Assistant Secretaries’’ and in- serting ‘‘(1) There shall be in the Department three additional Assistant Secretaries, including the As- sistant Secretary of Commerce for Travel and Tour- ism,’’; and (2) by adding at the end the following: ‘‘(2) The Assistant Secretary of Commerce for Travel and Tourism shall report directly to the Under Secretary of Commerce for International Trade.’’.

SEC.

605.
SEC.

605.

RESPONSIBILITIES OF THE ASSISTANT SEC- RETARY OF COMMERCE FOR TRAVEL AND TOURISM.
(a) VISITATION GOALS.—The Assistant Secretary of Commerce for Travel and Tourism (referred to in this sec- tion as the ‘‘Assistant Secretary’’) shall— (1) after consultation with the travel and tour- ism industry, work with the Travel Promotion Com- mittee and the United States Travel and Tourism Advisory Board to establish an annual goal, con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2832 sistent 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 com- merce; (2) develop recommendations for achieving the annual goals established pursuant to paragraph (1); (3) ensure that travel and tourism policy is de- veloped 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 represent- atives, 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 de- veloped pursuant to paragraph (2); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2833 (5) conduct Federal agency needs assessments, in consultation with the Office of Management and Budget and other relevant Federal agencies, to iden- tify 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 Com- merce of the House of Representatives; and (C) the public through a publicly accessible website.
(b) DOMESTIC TRAVEL AND TOURISM.—The Assist- ant Secretary, to the extent feasible, shall— (1) evaluate, on an ongoing basis, domestic pol- icy options for supporting competitiveness with re- spect to the strengths, weaknesses, and growth of the domestic travel industry; (2) develop recommendations and goals to sup- port and enhance domestic tourism, separated by business and leisure; and (3) engage public and private stakeholders to support domestic tourism.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2834 (c) WORKFORCE.—The Assistant Secretary shall— (1) consult with the Secretary of Labor to de- velop strategies and best practices for improving the timeliness and reliability of travel and tourism work- force 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 en- hancements 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 fa- cilitate international business travel to the United States and ensure competitiveness by— (1) facilitating large meetings, incentives, con- ferences, 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 Amer- ican destinations, as locations for hosting inter- national meetings, incentives, conferences, and exhi- bitions; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2835 (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 sec- tion, the Assistant Secretary, in consultation with the entities referred to in subsection (a)(3), shall de- velop 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 signifi- cantly affect the travel and tourism industry, such as hurricanes, floods, tsunamis, tornadoes, wildfires, terrorist attacks, and pandemics.
(2) COST-BENEFIT ANALYSIS.—In developing the recovery strategies under paragraph (1), the As- sistant Secretary shall conduct cost-benefit analyses that take into account the health and economic ef- fects of public health mitigation measures on the travel and tourism industry.
(f) REPORTING REQUIREMENTS.— (1) ASSISTANT SECRETARY.—The Assistant Secretary, subject to the availability of appropria- tions, shall produce an annual forecasting report on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2836 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, includ- ing Federal and State public land travel and tourism data.
(2) BUREAU OF ECONOMIC ANALYSIS.—The Di- rector of the Bureau of Economic Analysis, subject to the availability of appropriations and to the ex- tent feasible, should make quarterly updates to the Travel and Tourism Satellite Accounts, including— (A) State-level travel and tourism spending data; (B) travel and tourism workforce data for full-time and part-time employment; and (C) Federal and State public lands outdoor recreational activity and tourism spending data.
(3) NATIONAL TRAVEL AND TOURISM OF- FICE.—The Director of the National Travel and Tourism Office— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2837 (A) in partnership with the Bureau of Eco- nomic Analysis and other relevant Federal agencies, shall provide a monthly report on international arrival and spending data to— (i) the Travel and Tourism Advisory Board; and (ii) the public through a publicly ac- cessible website; and (B) shall include questions in the Survey of International Air Travelers regarding wait- times, visits to public lands, and State data, to the extent applicable.

SEC.

606.

TRAVEL AND TOURISM STRATEGY.
Not less frequently than once every 10 years, the Sec- retary 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 Con- gress 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2838 (2) the resources needed to achieve the goals es- tablished 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 Sec- retary of Commerce for Travel and Tourism shall serve as the Executive Director of the Board.

‘‘(c) EXECUTIVE SECRETARIAT.—The National Trav- el and Tourism Office of the International Trade Adminis- tration shall serve as the Executive Secretariat for the 25 Board.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2839 ‘‘(d) FUNCTIONS.—The Board’s Charter shall specify that the Board will— ‘‘(1) serve as the advisory body to the Secretary of Commerce on matters relating to the travel and tourism industry in the United States; ‘‘(2) advise the Secretary of Commerce on gov- ernment policies and programs that affect the United States travel and tourism industry; ‘‘(3) offer counsel on current and emerging issues; ‘‘(4) provide a forum for discussing and pro- posing solutions to problems related to the travel and tourism industry; and ‘‘(5) provide advice regarding the domestic trav- el and tourism industry as an economic engine.
‘‘(e) RECOVERY STRATEGIES.—The Board shall as- sist the Assistant Secretary of Commerce for Travel and Tourism in the development and implementation of the re- covery strategies required under section 605(e)(1) of the Visit America Act.’’.

21 22 23 24 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 25 and tourism trends.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

609.

COMPLETION OF PROCEEDING.


2840 If the Secretary of Commerce, before the date of the enactment of this Act, has taken any action that, in whole or in part, implements this title or the amendments made by this title, the Secretary is not required to revisit such action to the extent such action is consistent with this title and the amendments made by this title.

Subtitle B—Travel Safety SEC.

611.


STUDY AND REPORT ON EFFECTS OF COVID–19 PANDEMIC ON TRAVEL AND TOURISM INDUS- TRY 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 Secu- rity 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 Sec- 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2841 retary, after consultation with relevant stakeholders, including the United States Travel and Tourism Ad- visory Board, shall— (A) complete an interim study, which shall be based on data available at the time the study is conducted and provide a framework for the study required under subsection (c), regarding the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, busi- ness, conventions, meetings, and events; and (B) submit a report containing the results of such interim study to— (i) the Committee on Commerce, Science, and Transportation of the Senate; and (ii) the Committee on Energy and Commerce of the House of Representa- tives.
(2) AVAILABILITY.—The Secretary shall make the report described in paragraph (1) publicly avail- able 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 con- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2842 sultation with the United States Travel and Tourism Advi- sory 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, lei- sure, business, conventions, meetings, and events.
(d) MATTERS FOR CONSIDERATION.—In conducting the interim study required under subsection (b) and the 10 study required under subsection (c), the Secretary shall 11 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 pe- riod; (3) changes in employment and sales in indus- tries related to the travel and tourism industry, and changes in contributions of the travel and tourism industry to such related industries, during the pan- demic period; (4) the effects attributable to the changes de- scribed in paragraphs (1) through (3) in the travel and tourism industry and such related industries on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2843 the overall economy of the United States, includ- ing— (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 de- scribed 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2844 (9) any additional matters that the Secretary considers appropriate.
(e) CONSULTATION AND PUBLIC COMMENT.—In con- ducting the study required under subsection (c), the Sec- retary shall— (1) consult with representatives of— (A) the small business sector; (B) the restaurant or food service sector; (C) the hotel and alternative accommoda- tions 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 subpara- graph (I); and (ii) security screening personnel des- ignated by the Administrator of the Trans- portation Security Administration; and (2) provide an opportunity for public comment and advice relevant to conducting such study.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2845 (f) REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than 6 months after the completion of the study required under subsection (c), the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the Tourism Policy Council, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Energy and Commerce of the House of Representatives that contains— (A) the results of such study; (B) policy recommendations for— (i) promoting and assisting the travel and tourism industry generally; and (ii) promoting and assisting travel and tourism to Native American, Native Ha- waiian, 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 accel- erate the implementation of travel and tourism policies and programs authorized by law.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2846 (2) AVAILABILITY.—The Secretary shall make the report described in paragraph (1) publicly avail- able 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 (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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2847 (1) in subsection (b)(2), by striking ‘‘additional funds’’ and inserting ‘‘funds for new water conserva- tion agreements or’’; (2) in subsection (c)(2), by striking ‘‘2022’’ and inserting ‘‘2024’’; and (3) in subsection (d), by striking ‘‘2018’’ and inserting ‘‘2025’’.

SEC.

103.

SALTON SEA PROJECTS.

Section 1101 of the Reclamation Projects Authoriza- tion and Adjustment Act of 1992 (Public Law 102–575; 106 Stat.
4661) is amended— (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (2) by inserting after subsection (a) the fol- lowing: ‘‘(b) ADDITIONAL PROJECT AUTHORITIES.— ‘‘(1) IN GENERAL.—The Secretary of the Inte- rior, acting through the Commissioner of Reclama- tion, may provide grants and enter into contracts and cooperative agreements to carry out projects lo- cated in the area of the Salton Sea in southern Cali- fornia to mitigate impacts from dust from dry and drying lakebeds and to improve fish and wildlife habitat, recreational opportunities, and water qual- ity, in partnership with— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2848 ‘‘(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 de- scribed in paragraph (1) may include— ‘‘(A) construction, operation, maintenance, permitting, and design activities required for the projects; and ‘‘(B) dust suppression projects.’’; and (3) in subsection (c) (as so redesignated), by striking ‘‘project referred to in subsection (a)’’ and inserting ‘‘projects referred to in subsections (a) and (b)’’.

SEC.

104.

AUTHORIZATION OF SUN RIVER PROJECT, MON- TANA.


(a) AUTHORIZATION.—The Secretary, acting through the Commissioner of Reclamation and pursuant to the rec- lamation laws, may construct, operate, and maintain fa- cilities in the Sun River project, Montana, for the purpose of hydroelectric power generation.

(b) EFFECT.—The authorization under subsection (a) shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2849 (1) be in addition to any other authorizations for the Sun River project under existing law; and (2) not limit, restrict, or alter operations of the Sun River project in a manner that would be ad- verse to the satisfaction of valid existing water rights or water deliveries to the holder of any valid water service contract.

SEC.

105.

ELIGIBILITY UNDER THE INFRASTRUCTURE IN- VESTMENT AND JOBS ACT OF SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
Section 40903(b)(1)(B)(i) of the Infrastructure In- vestment 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 Sec- retary of the Interior.

20 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 eco- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2850 system, a nonnative organism, the introduction of which causes or is likely to cause economic or envi- ronmental 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 geo- graphically proximate to a planting area; and (B) are environmentally adapted to and likely to become established and persist in that planting area.

(3) NATIVE PLANT SPECIES.—The term ‘‘native plant species’’ means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently oc- curs in that ecosystem.
(4) NONNATIVE.—The term ‘‘nonnative’’ means, with respect to a particular ecosystem, an or- ganism, including the seeds, eggs, spores, or other biological material of the organism capable of propa- gating that species, that occurs outside of the nat- ural range of the organism.
(5) PLANT MATERIAL.—The term ‘‘plant mate- rial’’ means a plant or the seeds, eggs, spores, or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2851 other biological material of a plant capable of propa- gating the species of the plant.
(b) ESTABLISHMENT.—Not later than 180 days after the date on which funds are made available to carry out this section, the Secretary shall, in accordance with any existing laws and management policies, carry out a pilot program to prioritize the use of native plant species within geographically diverse units of the National Park System and public land administered by the Bureau of Land Man- 10 agement.
11 12 (c) IMPLEMENTATION.—In carrying out the pilot pro- gram under subsection (b), the Secretary shall, to the ex- 13 tent practicable— (1) give preference to the use of locally adapted native plant materials where appropriate; (2) incorporate efforts to prevent, control, or eradicate the spread of invasive species; (3) incorporate efforts to use native plants in areas that have experienced a recent wildfire event; and (4) identify situations in which the use of non- native plants may be warranted.
(d) COORDINATION.—The Secretary shall, in car- rying out the pilot program under subsection (b), coordi- 25 nate activities with— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2852 (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) termi- nates on the date that is 5 years after the date on which the pilot program is established under that subsection.
(f) REPORT.—Not later than 1 year after the date on which the authority to carry out the pilot program ter- minates under subsection (e), the Secretary shall submit to Congress a report describing— (1) the results of the pilot program carried out under subsection (b); and (2) the cost-effectiveness of using native plants in units of the National Park System and public land administered by the Bureau of Land Manage- ment.

SEC.

102.

REAUTHORIZATION OF THE HIGHLANDS CON- SERVATION ACT.
The Highlands Conservation Act (Public Law 108– 421; 118 Stat.

2375) is amended— (1) in section 3— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2853 (A) by amending paragraph (1) to read as follows: ‘‘(1) HIGHLANDS REGION.—The term ‘High- lands region’ means— ‘‘(A) the area depicted on the map entitled ‘The Highlands Region’, dated June 2004, up- dated after the date of enactment of this sub- paragraph to comprise each municipality in- cluded on the list of municipalities included in the Highlands region as of that date of enact- ment, and maintained in the headquarters of the Forest Service in Washington, District of Columbia; and ‘‘(B) a municipality approved by the Direc- tor of the United States Fish and Wildlife Serv- ice under section 4(e).’’; (B) in paragraph (3), by amending sub- paragraph (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2854 (D) by striking paragraphs (5) through (7); (2) in section 4— (A) in subsection (a)(1), by striking ‘‘in the Study’’ and all that follows through the end of the paragraph and inserting ‘‘using the best available science and geographic information systems; and’’; (B) in subsection (c), by amending para- graph (5) to read as follows: ‘‘(5) provides that land conservation partner- ship projects will be consistent with areas identified as having high conservation value in accordance with the purposes described in section 2 in the Highlands region.’’; (C) in subsection (e), by striking ‘‘fiscal years 2005 through 2021’’ and inserting ‘‘fiscal years 2023 through 2029’’; (D) by redesignating subsection (e) as sub- section (g); and (E) by inserting after subsection (d) the following: ‘‘(e) REQUEST FOR INCLUSION OF ADDITIONAL MU- NICIPALITY.—The Director of the United States Fish and Wildlife Service may, at the request of a Highlands State, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2855 with the concurrence of the municipality, approve the in- clusion of a municipality within the State as part of the Highlands region.

‘‘(f) LIMITATION ON ADMINISTRATIVE EXPENSES.— ‘‘(1) FEDERAL ADMINISTRATION.—The Sec- retary of the Interior may not expend more than $300,000 for the administration of this Act in each fiscal year.
‘‘(2) STATE ADMINISTRATION.—A State that receives funds under this section for a land con- servation partnership project may not use more than 5 percent of the funds to administer the land con- servation partnership project.’’; (3) in section 5— (A) in subsection (a), by striking ‘‘the Study, Update, and any future study that the Forest Service may undertake in’’; (B) in subsection (b)— (i) in paragraph (1), by striking ‘‘, in- cluding a Pennsylvania and Connecticut Update’’; and (ii) in paragraph (2), by striking ‘‘the findings’’ and all that follows through the end of the paragraph and inserting ‘‘with December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2856 stakeholders regarding implementation of the program; and’’; and (C) in subsection (c), by striking ‘‘2005 through 2014’’ and inserting ‘‘2023 through 2029’’; and (4) in section 6, by adding at the end the fol- lowing: ‘‘(f) APPRAISAL METHODOLOGY.— ‘‘(1) IN GENERAL.—With respect to an ap- praisal related to a land acquisition carried out under this Act, a Highlands State shall use an ap- praisal methodology approved by the Secretary of the Interior.
‘‘(2) ALTERNATIVE APPRAISAL METHOD- OLOGY.—A Highlands State may petition the Sec- retary of the Interior to consider an alternative ap- praisal methodology when there is a conflict, in any Highlands State, between— ‘‘(A) an appraisal methodology approved by the Secretary of the Interior under para- graph (1); and ‘‘(B) applicable State law.’’.

SEC.

103.

CADASTRE OF FEDERAL REAL PROPERTY.


(a) DEFINITIONS.—In this section: (1) CADASTRE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2857 (A) IN GENERAL.—The term ‘‘cadastre’’ means an inventory of real property developed through collecting, storing, retrieving, or dis- seminating graphical or digital data depicting natural or man-made physical features, phe- nomena, or boundaries of the earth, and any in- formation 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 en- gineering nature performed by 1 or more professionals, as authorized to perform the services under State law, if applicable, such as— (I) a surveyor; (II) a photogrammetrist; (III) a hydrographer; (IV) a geodesist; or (V) a cartographer.
(B) INCLUSIONS.—The term ‘‘cadastre’’ includes— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2858 (i) a reference frame consisting of a current geodetic network that is consistent with, and not duplicative of, the National Geodic Survey of the National Oceanic and Atmospheric Administration; (ii) a series of current and accurate large-scale maps; (iii) an existing cadastral boundary overlay delineating all cadastral parcels; (iv) a system for indexing and identi- fying each cadastral parcel; and (v) a series of land data files, each in- cluding the parcel identifier, which can be used to retrieve information and cross-ref- erence between and among other existing data files that may contain information about the use, assets, and infrastructure of each parcel.
(2) FEDERAL REAL PROPERTY.— (A) IN GENERAL.—The term ‘‘Federal real property’’ means any real property owned, leased, or otherwise managed by the Secretary concerned.

(B) EXCLUSIONS.—The term ‘‘Federal real property’’ does not include— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2859 (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 In- dian Tribe or individual Indians.
(3) REAL PROPERTY.—The term ‘‘real prop- erty’’ means real estate consisting of— (A) land; (B) buildings, crops, forests, or other re- sources still attached to or within the land; (C) improvements or fixtures permanently attached to the land; (D) any structure on the land; or (E) any interest, benefit, right, or privilege in the property described in subparagraphs (A) through (D).
(4) SECRETARY CONCERNED.—The term ‘‘Sec- retary concerned’’ means— (A) the Secretary; or (B) the Secretary of Agriculture, acting through the Chief of the Forest Service.

(b) CADASTRE OF FEDERAL REAL PROPERTY.— (1) INTERAGENCY DATA STANDARDIZATION.— Not later than 18 months after the date of enact- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2860 ment of this Act, the Secretaries concerned shall jointly develop and adopt interagency standards to ensure compatibility and interoperability among ap- plicable Federal databases with respect to the collec- tion and dissemination of data relating to Federal real property.
(2) DEVELOPMENT OF CADASTRE.—Not later than 2 years after the date of enactment of this Act, the Secretaries concerned, subject to the availability of appropriations, shall develop (and thereafter maintain) a current and accurate multipurpose ca- dastre of Federal real property under the jurisdic- tion of the Secretaries concerned to support Federal land management activities on Federal real property, including— (A) resource development and conserva- tion; (B) agricultural use; (C) active forest management; (D) environmental protection; and (E) other use of the real property.
(3) CONSOLIDATION AND REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretaries concerned shall submit to the Committee on Energy and Natural Resources of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2861 Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned, includ- ing— (i) the statutory authorization for each existing real property inventory or component of a cadastre; and (ii) the amount expended by the Fed- eral Government for each existing real property inventory or component of a ca- dastre in fiscal year 2022; (B) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will be eliminated or consolidated into the multipur- pose cadastre under paragraph (2); (C)(i) the existing real property inventories or any components of any cadastre of Federal real property currently authorized by law or maintained by the Secretary concerned that will December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2862 not be eliminated or consolidated into the multi- purpose cadastre under paragraph (2); and (ii) a justification for not eliminating or consolidating an existing real property inven- tory or component of a cadastre described in clause (i) into the multipurpose cadastre under paragraph (2); (D) the use of existing real property inven- tories or any components of any cadastre cur- rently maintained by any unit of State or local government that can be used to identify Federal real property within that unit of government; (E) the cost savings that will be achieved by eliminating or consolidating duplicative or unneeded real property inventories or any com- ponents of any cadastre of Federal real prop- erty currently authorized by law or maintained by the Secretary concerned that will become part of the multipurpose cadastre under para- graph (2); (F) a plan for the implementation of this section, including a cost estimate and an assess- ment of the feasibility of using revenue from any transactional activity authorized by law to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2863 offset any costs of implementing this section; and (G) recommendations for any legislation necessary to increase the cost savings and en- hance the effectiveness and efficiency of replac- ing, eliminating, or consolidating Federal real property inventories or any components of any cadastre of Federal real property currently au- thorized by law or maintained by the Secretary concerned.
(4) COORDINATION.— (A) IN GENERAL.—In carrying out this section, the Secretaries concerned shall— (i) participate (in accordance with sec- tion 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 com- mon protocols as are necessary to ensure the interoperability of geospatial informa- tion pertaining to the cadastre under para- graph (2) for all users of the information; (ii) coordinate with, seek assistance and cooperation of, and provide liaison to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2864 the Federal Geographic Data Committee established by section 753(a) of the Geospatial Data Act of 2018 (43 U.S.C.
2802(a)) for the implementation of and compliance with such standards and re- quirements of that Act as may be applica- ble to— (I) the cadastre under paragraph (2); and (II) any aspect of the develop- ment of the cadastre under paragraph (2); (iii) integrate, or make the cadastre interoperable with, the Federal Real Prop- erty Profile or other inventories established pursuant to Executive Order 13327 (40 U.S.C.
121 note; relating to Federal real property asset management), the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C.

1303 note; Public Law 114–287), or the Federal Property Management Re- form Act of 2016 (Public Law 114–318; 130 Stat.

1608); and (iv) to the maximum extent prac- ticable, integrate with and leverage current December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2865 cadastre activities of units of State and local government.
(B) CONTRACTS CONSIDERED SURVEYING AND MAPPING.— (i) IN GENERAL.—A contract between the Secretaries concerned and a member of the private sector to provide products and services for the development of the cadas- tre shall be considered to be a contract for services of surveying and mapping (within the meaning of chapter 11 of title 40, United States Code).
(ii) SELECTION PROCEDURES.—A contract described in clause (i) shall be en- tered into in accordance with the selection procedures in chapter 11 of title 40, United States Code.

(c) TRANSPARENCY AND PUBLIC ACCESS.—The Sec- retary concerned shall— (1) in accordance with any requirements appli- cable to the Secretary concerned under section 759 of the Geospatial Data Act of 2018 (43 U.S.C.
2808), make the cadastre under subsection (b)(2) publicly available on the internet— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2866 (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 sub- section (b) includes the identification of all land suit- able 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 De- fense and the Secretary of Homeland Security, pre- vent the disclosure of any parcel or parcels of land, any buildings or facilities on the land, or any infor- mation related to the land, buildings, or facilities if that disclosure would impair or jeopardize the na- tional 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 pur- poses of the Geospatial Data Act of 2018 (43 U.S.C.

2801 et seq.

); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2867 (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 Fed- eral 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 prop- erty; 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 re- sources on any parcel of Federal land or other real property.
SEC.

104.

SALE OR LEASE OF LAND TO FEDERALLY RECOG- NIZED INDIAN TRIBES UNDER THE RECRE- ATION 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2868 Stat.

741, chapter 578; 68 Stat.

174, chapter 263; 43 U.S.C.
869), is amended— (1) in subsection (a)— (A) in the first sentence— (i) by inserting ‘‘federally recognized Indian Tribe,’’ before ‘‘Territory,’’; and (ii) by inserting ‘‘Tribal,’’ before ‘‘Territorial,’’; and (B) in the second sentence, by inserting ‘‘, Tribal,’’ before ‘‘or local authority’’; (2) in subsection (b)— (A) by striking ‘‘(i) For recreational’’ and inserting the following: ‘‘(1) For recreational’’; (B) by striking ‘‘(ii) For public purposes’’ and inserting the following: ‘‘(2) For public purposes’’; (C) in paragraph (1) (as so designated), by adding at the end the following: ‘‘(D) To any federally recognized Indian Tribe, 6,400 acres.’’; and (D) in paragraph (2) (as so designated), by adding at the end the following: ‘‘(D) To any federally recognized Indian Tribe, 640 acres.’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2869 (3) in subsection (c)— (A) in the second sentence, by striking ‘‘States and counties and to State and Federal’’ and inserting ‘‘States, federally recognized In- dian Tribes, and counties and to State, Tribal, Territorial, and Federal’’; and (B) in the last sentence, by striking ‘‘, ex- cept for a use authorized under the Act of June 1, 1938 (52 Stat.

609; 43 U.S.C., sec.

682a), as amended’’.


(b) CONVEYANCE.—Section 2 of the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (44 Stat.

741, chapter 578; 43 U.S.C.


1 869–1), 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2870 TITLE II—FOREST SERVICE PROVISIONS SEC.

201.

ADMINISTRATION OF THE LAND BETWEEN THE LAKES NATIONAL RECREATION AREA.

(a) DEFINITIONS.—Section 502 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll) is amended— (1) by redesignating paragraphs (11) through (15) as paragraphs (12) through (16), respectively; and (2) by inserting after paragraph (10) the fol- lowing: ‘‘(11) QUALIFIED RESIDENT OR RELATIVE.— The term ‘qualified resident or relative’ means— ‘‘(A) a former resident of the area within the Recreation Area or the spouse of a former resident of that area; or ‘‘(B) a widow, widower, or lineal descend- ant of an individual buried in a cemetery lo- cated in the Recreation Area.’’.
(b) ESTABLISHMENT.—Section 511(b) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.

460lll–11(b)) is amended by striking paragraph (3) and inserting the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2871 ‘‘(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 Be- tween the Lakes Protection Act of 1998 (16 U.S.C.
460lll–22) is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking ‘‘17’’ and inserting ‘‘13’’; (B) by striking paragraphs (4) and (5); (C) in paragraph (3), by adding ‘‘and’’ after the semicolon at the end; and (D) by redesignating paragraph (6) as paragraph (4); (2) in subsection (c), by striking paragraph (2) and inserting the following: ‘‘(2) NONCONSECUTIVE TERMS.—Members of the Advisory Board may serve multiple terms, but may not serve consecutive terms.’’; (3) in subsection (f)— (A) in the matter preceding paragraph (1), by striking ‘‘may advise’’ and inserting ‘‘shall advise’’; (B) in paragraph (1), by striking ‘‘and’’ after the semicolon at the end; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2872 (C) in paragraph (2), by striking the pe- riod at the end and inserting a semicolon; and (D) by adding at the end the following: ‘‘(3) an annual work plan for recreation and en- vironment education areas in the Recreation Area, including the heritage program, with the non- appropriated 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 ‘‘bian- nually’’ and inserting ‘‘twice each year’’; (B) in paragraph (3), by inserting ‘‘, on a public website of the Department of Agri- culture,’’ 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 Agri- culture.’’.
(d) FEES.—Section 523(a) of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.

460lll–23(a)) December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2873 is amended by striking ‘‘may charge reasonable fees’’ and inserting ‘‘shall charge reasonable fees, in consultation with the Advisory Board and consistent with the Federal Lands Recreation Enhancement Act (16 U.S.C.

6801 et seq.),’’.
6801 et seq.),’’.

(e) DISPOSITION OF RECEIPTS.—Section 524 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.

460lll–24) is amended by striking subsection (b) and inserting the following: ‘‘(b) USE.—Amounts in the Land Between the Lakes Management Fund shall be available to the Secretary until expended, without further appropriation, for construction, improvement, or maintenance in the Recreation Area.
‘‘(c) RESTRICTION ON USE OF FUND.—Except as provided in subsection (b), amounts in the Land Between the Lakes Management Fund shall not be used for man- agement of the Recreation Area, including salaries and ex- penses.’’.

19 20 21 (f) COOPERATIVE AUTHORITIES AND GIFTS.—Sec- tion 526 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–26) is amended by adding at 22 the end the following: 23 24 ‘‘(c) MEMORANDA OF UNDERSTANDING.—The Sec- retary may, for purposes of carrying out this Act— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2874 ‘‘(1) enter into memoranda of understanding with State or local government entities, including law enforcement, as appropriate, to clarify jurisdic- tional 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 un- derstanding 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 18 OR RELATIVES.— ‘‘(1) REQUESTS.—The Secretary, on request from a qualified resident or relative or a cemetery association, shall grant additional land for the minor expansion of existing cemeteries within the Recre- ation Area, to the extent necessary, to allow for the burial of qualified residents or relatives.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2875 ‘‘(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 para- graph.’’.

(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 iden- tify 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 resi- dents or relatives.
‘‘(2) CONSIDERATION.—The Secretary shall— ‘‘(A) in accordance with applicable law, give consideration to requests by qualified resi- dents or relatives to use and maintain tradi- tional sites, buildings, cemeteries, and other December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2876 areas of cultural importance in the Recreation Area; and ‘‘(B) consult with qualified residents or rel- atives in the management of the historical re- sources of the Recreation Area.’’.

(i) AUTHORIZATION OF APPROPRIATIONS.—Section 551 of the Land Between the Lakes Protection Act of 1998 (16 U.S.C.
460lll–61) is amended— (1) in subsection (a)(2), by striking ‘‘Recreation Area area’’ and inserting ‘‘Recreation Area’’; and (2) by striking subsection (c) and inserting the following: ‘‘(c) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Except as provided in para- graph (2), the Secretary of Agriculture may expend amounts appropriated to carry out this title in a manner consistent with the authorities exercised by the Tennessee Valley Authority before the transfer of the Recreation Area to the administrative juris- diction 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 Agri- culture shall not use amounts appropriated to carry December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2877 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 feasi- bility of establishing a unit of the National For- est System in the study area; and (B) to identify available land within the study area that could be included in the unit described in subparagraph (A).
(2) COORDINATION AND CONSULTATION.—In conducting the study under paragraph (1), the Sec- retary shall— (A) coordinate with the Hawaii Depart- ment of Land and Natural Resources; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2878 (B) consult with the Hawaii Department of Agriculture and other interested govern- mental entities, private and nonprofit organiza- tions, 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 tar- geted for inclusion in the unit of the National Forest System described in paragraph (1)(A); (B) evaluate the ability of the Secretary— (i) to improve and protect forest areas within the study area; and (ii) to secure favorable water flows within the study area; (C) determine whether the unit of the Na- tional Forest System described in paragraph (1)(A) would expand, enhance, or duplicate— (i) resource protection; and (ii) visitor-use opportunities; (D) consider parcels of an appropriate size or location to be capable of economical adminis- tration as part of the National Forest System separately or jointly with the other land identi- fied under paragraph (1)(B); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2879 (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 designa- tion as a research natural area or an experi- mental forest; (G) identify cost estimates for any Federal acquisition, development, operation, and main- tenance 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 con- servation, 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.

22 23 24 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2880 Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the results of the study; and (2) any conclusions and recommendations of the Secretary.

TITLE III—LAND CONVEYANCES AND EXCHANGES SEC.

301.

GILT EDGE MINE CONVEYANCE.


(a) DEFINITIONS.—In this section (1) FEDERAL LAND.—The term ‘‘Federal land’’ means all right, title, and interest of the United States in and to approximately 266 acres of Na- tional Forest System land within the Gilt Edge Mine Superfund Boundary, as generally depicted on the map.

(2) MAP.—The term ‘‘map’’ means the map en- titled ‘‘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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2881 (1) IN GENERAL.—Subject to the terms and conditions described in this section, if the State sub- mits to the Secretary an offer to acquire the Federal land for the market value, as determined by the ap- praisal under paragraph (3), the Secretary shall con- vey the Federal land to the State.
(2) TERMS AND CONDITIONS.—The conveyance under paragraph (1) shall be— (A) subject to valid existing rights; (B) made by quitclaim deed; and (C) subject to any other terms and condi- tions as the Secretary considers appropriate to protect the interests of the United States.

(3) APPRAISAL.— (A) IN GENERAL.—After the State submits an offer under paragraph (1), the Secretary shall complete an appraisal to determine the market value of the Federal land.
(B) STANDARDS.—The appraisal under subparagraph (A) shall be conducted in accord- ance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Profes- sional Appraisal Practice.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2882 (4) MAP.— (A) AVAILABILITY OF MAP.—The map shall be kept on file and available for public in- spection in the appropriate office of the Forest Service.

(B) CORRECTION OF ERRORS.—The Sec- retary may correct any errors in the map.

(5) CONSIDERATION.—As consideration for the conveyance under paragraph (1), the State shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the ap- praisal under paragraph (3).
(6) SURVEY.—The State shall prepare a survey that is satisfactory to the Secretary of the exact acreage and legal description of the Federal land to be conveyed under paragraph (1).

(7) COSTS OF CONVEYANCE.—As a condition on the conveyance under paragraph (1), the State shall pay all costs associated with the conveyance, includ- ing 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2883 the Secretary until expended, without further appro- priation, for the maintenance and improvement of land or administration facilities in the Black Hills National Forest in the State.
(9) ENVIRONMENTAL CONDITIONS.—Notwith- standing section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liabil- ity Act of 1980 (42 U.S.C.

9620(h)(3)(A)), the Sec- retary 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 application under section 906(e) of the Alaska National Interest Lands Con- servation Act (43 U.S.C.

1635(e)), but not conveyed or patented to the State, pursuant to Public Law December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2884 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.
note prec.

21).

(2) INHOLDING.—The term ‘‘inholding’’ means any interest in land owned by the University with- in— (A) any conservation system unit (as de- fined in section 102 of the Alaska National In- terest Lands Conservation Act (16 U.S.C.

3102)); or (B) any unit of the National Forest Sys- tem in the State.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Director of the Bureau of Land Management.

(4) STATE.—The term ‘‘State’’ means the State of Alaska.
(5) UNIVERSITY.—The term ‘‘University’’ means the University of Alaska, acting through the Board of Regents.

(b) ESTABLISHMENT.—The Secretary shall establish a program within the Bureau of Land Management— (1) to identify and convey available State-se- lected land to the University to support higher edu- cation in the State; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2885 (2) to acquire, by purchase or exchange, Uni- versity-owned inholdings in the State.

(c) IDENTIFICATION OF LAND TO BE CONVEYED TO THE UNIVERSITY.— (1) IN GENERAL.—Not later than 4 years after the date of enactment of this Act, the State and the University may jointly identify not more than 500,000 acres of available State-selected land for in- clusion in the program established under subsection (b), of which not more than 360,000 acres may be conveyed and patented to the University.
(2) TECHNICAL ASSISTANCE.—On the request of the State and the University, the Secretary shall provide technical assistance in the identification of available State-selected land for inclusion in the pro- gram 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 Nat- ural Resources of the House of Representatives 1 or more maps depicting the available State-selected land identified for potential conveyance to the Uni- versity.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2886 (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 para- graph (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 relin- quish those selection rights on final patent by the Secretary to the University, the Secretary shall con- vey the applicable identified available State-selected land to the University, subject to valid existing rights, in the same manner and subject to the same terms, conditions, and limitations as is applicable to the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.
note prec.

21) and other applicable law, to be held in trust for the exclusive use and benefit of the University, to be administered in accordance with subsection (e).

(5) TERMS AND CONDITIONS.— (A) MAXIMUM ACREAGE.—Subject to sub- paragraph (C), the Secretary shall convey not more than a total of 360,000 acres of available December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2887 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 paragraph (4) and subject to the maximum acreage limitation under paragraph (1), the State and the University may submit to the Secretary 1 or more joint letters of concur- rence identifying parcels of available State se- lected land for conveyance as a subset of the total acres to be conveyed under this subsection.
(C) ACREAGE CHARGED AGAINST ALASKA STATEHOOD ACT ENTITLEMENT.—The acreage of land conveyed to the University under this subsection shall be charged against the remain- ing entitlement of the State under section 6(b) of Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.

21).

(D) SURVEY COSTS.—In accordance with Public Law 85–508 (commonly known as the ‘‘Alaska Statehood Act’’) (48 U.S.C.

note prec.
note prec.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2888 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 Univer- sity under the program established under sub- section (b).
(d) UNIVERSITY OF ALASKA INHOLDINGS.— (1) IN GENERAL.—The Secretary or the Sec- retary of Agriculture, as appropriate, may acquire by purchase or exchange, with the consent of the University, University-owned inholdings within Fed- eral 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 Ag- riculture, as appropriate, through appraisals con- ducted— (A) in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Profes- sional Appraisal Practice; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2889 (B) by a qualified appraiser mutually agreed to by the Secretary or the Secretary of Agriculture, as appropriate, and the University.

(3) EQUAL VALUE EXCHANGES.—For any land exchange entered into under this subsection, the Federal land and University-owned inholdings ex- changed 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 admin- istered in accordance with the laws (including regu- lations) 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 ten- tatively approved or conveyed to the University under this section, and all land or assets acquired by the University through an exchange under this section, together with the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2890 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 pro- grams, similar to prior Federal land grants to the Univer- sity.

(f) STATE AND UNIVERSITY PARTICIPATION.—Noth- ing in this section requires the State or the University— (1) to participate in the program established under subsection (b); or (2) to enter into sales or exchanges of Univer- sity-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 no- tify 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 ENTI- TLEMENT.—Except for any available State-selected land conveyed under subsection (c) and charged against the re- maining 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)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2891 (1) the operation of the program established under subsection (b) shall not diminish or alter the rights of the State to receive the entitlement of the State in any way; and (2) the State may continue to pursue the trans- fer 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 OLYM- PUS WILDERNESS.— Section 102(a) of the Utah Wilder- ness Act of 1984 (Public Law 98–428; 98 Stat.

1657; 16 U.S.C.
1132 note) is amended— (1) in paragraph (11), by striking ‘‘and’’ at the end; (2) in paragraph (12), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(13) certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 326.27 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legislative Map’ dated July 9, 2020, are, subject to valid existing December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2892 rights, hereby incorporated as part of the Mount Olympus Wilderness designated under paragraph (3).’’.

(b) WILDERNESS BOUNDARY ADJUSTMENTS.— (1) MOUNT NAOMI WILDERNESS BOUNDARY AD- JUSTMENT.— (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: ‘‘(c) MOUNT NAOMI WILDERNESS BOUNDARY AD- JUSTMENT.—Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 11.17 acres as generally depicted on a map entitled the ‘Bonne- ville 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 enact- ment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2893 (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 AD- JUSTMENT.—Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 197.4 acres as generally depicted on a map entitled the ‘Bonne- ville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Mount Olympus Wilderness designated under subsection (a)(3).’’.
(B) MANAGEMENT.—The Mount Olympus Wilderness, as designated under section 102(a)(3) of the Utah Wilderness Act of 1984 (Public Law 98–428; 98 Stat.

1658; 16 U.S.C.

1132 note) and adjusted under subparagraph (A), effective beginning on the date of enact- ment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest.
(3) TWIN PEAKS WILDERNESS BOUNDARY AD- JUSTMENT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2894 (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 amend- ed by adding at the end the following: ‘‘(e) TWIN PEAKS WILDERNESS BOUNDARY ADJUST- MENT.—Certain lands in the Uinta-Wasatch-Cache Na- tional Forest which comprise approximately 9.8 acres as generally depicted on a map entitled the ‘Bonneville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Twin Peaks Wilderness des- ignated under subsection (a)(4).’’.
(B) MANAGEMENT.—The Twin Peaks Wil- derness, 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), ef- fective 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 AD- JUSTMENT.— (A) ADJUSTMENT.—Section 2 of the En- dangered American Wilderness Act of 1978 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2895 (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 fol- lowing: ‘‘(l) certain lands in the Uinta-Wasatch-Cache Na- tional Forest, Utah, which comprise approximately 107.9 acres as generally depicted on a map entitled the ‘Bonne- ville Shoreline Trail Legislative Map’, dated July 9, 2020, are hereby removed from the Lone Peak Wilderness Area designated under subsection (i).’’.
(B) MANAGEMENT.—The Lone Peak Wil- derness Area, as designated under section 2(i) of the Endangered American Wilderness Act of 1978 (Public Law 95–237; 92 Stat.

42; 16 U.S.C.

1132 note) and adjusted under subpara- graph (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 sec- tion or the amendments made by this section— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2896 (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 appli- cable State law) in existence on the date of enact- ment of this Act, including any water right held by the United States; (3) affects any interstate water compact in ex- istence 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 appro- priated by the United States in the State on or be- fore the date of enactment of this Act.
(d) MAP.— (1) MAP ON FILE.—The map entitled the ‘‘Bon- neville Shoreline Trail Legislative Map’’, dated July 9, 2020, shall be on file and available for inspection in the office of the Chief of the Forest Service.

(2) CORRECTIONS.—The Secretary of Agri- culture may make technical corrections to the map described in paragraph (1).

SEC.

304.

ARIZONA EXPERIMENT STATION LAND CONVEY- ANCE.


(a) DEFINITIONS.—In this section: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2897 (1) EASEMENT.—The term ‘‘easement’’ means an easement to access and use Forest Service Road 9201D from its junction with Forest Service Road 0618 (commonly known as ‘‘Beaver Creek’’).
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 13.3 acres of National Forest System land within the Coconino National Forest in the State of Arizona, as generally depicted on the map entitled ‘‘Act to Convey Certain NFS Land and non-Federal Land in Arizona Winter Quarters’’ and dated June 20, 2019.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(4) UNIVERSITY.—The term ‘‘University’’ means the Arizona Board of Regents, acting on be- half of the University of Arizona Experiment Sta- tion.
(b) COCONINO NATIONAL FOREST LAND CONVEY- ANCE.— (1) CONVEYANCE AUTHORIZED.—Subject to this subsection, if the University submits to the Sec- retary not later than 180 days after the date of en- actment of this Act a written request to acquire the Federal land for market value, as determined by the appraisal conducted under paragraph (4), the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2898 retary 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, im- provements, 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 condi- tions as considered appropriate by the Sec- retary.
(3) FOREST SERVICE ACCESS.—The Secretary shall retain all other rights not included in the con- veyance 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 contin- ued administrative access to, that road.
(4) APPRAISAL.— (A) IN GENERAL.—Not later than 90 days after the date on which the University submits a written request under paragraph (1), the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2899 retary shall complete an appraisal to determine the market value of the Federal land.
(B) STANDARDS.—The appraisal under subparagraph (A) shall be conducted in accord- ance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Profes- sional Appraisal Practice.

SEC.

305.

WIND RIVER ADMINISTRATIVE SITE CONVEY- ANCE.

(a) DEFINITIONS.—In this section: (1) COUNTY.—The term ‘‘County’’ means Skamania County, Washington.
(2) MAP.—The term ‘‘map’’ means the map en- titled ‘‘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 Coun- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2900 ty 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 sub- section (b) shall be— (A) subject to valid existing rights; (B) notwithstanding any other provision of law, made without consideration; (C) made by quitclaim deed; (D) subject to a right-of-way and restric- tive easement reservation of a width to be de- termined by the Secretary, for the protection of the Pacific Crest National Scenic Trail; (E) completed in accordance with the For- est Service Facility Realignment and Enhance- ment Act of 2005 (16 U.S.C.
580d note; Public December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2901 Law 109–54), except that subsections (b) and (c) of section 504 of that Act shall not apply; (F) subject to right-of-way reservations made pursuant to section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1767); (G) subject to the County managing a por- tion of the land conveyed under subsection (b) for public recreational purposes; (H) subject to the County retaining owner- ship of the land conveyed under subsection (b) in perpetuity; and (I) subject to any other terms and condi- tions as the Secretary determines appropriate.
(2) REVERSION.—The land conveyed under subsection (b) shall, at the discretion of the Sec- retary, revert to the United States if— (A) the land is used in a manner that is inconsistent with the use described in para- graph (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).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2902 (f) HAZARDOUS MATERIALS.—With respect to the conveyance under subsection (b), the Secretary— (1) shall meet disclosure requirements for haz- ardous substances, pollutants, or contaminants under section 120(h) of the Comprehensive Environ- mental 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 convey- ance under subsection (b), the County shall pay all closing costs associated with the conveyance, including for— (1) title insurance and title search; and (2) any applicable inspection fees, escrow fees, attorneys’ fees, and recording fees.
(h) SURVEY.— (1) IN GENERAL.—The exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary.

(2) COSTS OF SURVEY.—The Secretary may bear all costs associated with the survey under para- graph (1).

(i) USE OF LAND.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2903 (1) IN GENERAL.—The land and related infra- structure conveyed under subsection (b) shall be maintained by the County pursuant to standards es- tablished by the Secretary of the Interior under sec- tion 306101 of title 54, United States Code.

(2) REVERSION.—If any portion of the land conveyed under subsection (b) is used in a manner that is inconsistent with the use described in para- graph (1), the land shall, at the discretion of the Secretary, revert to the United States.

SEC.

306.
SEC.

306.

RIGHT-OF-WAY PERMIT FOR NATURAL GAS DIS- TRIBUTION MAIN SEGMENT AT VALLEY FORGE NHP.

(a) IN GENERAL.—Notwithstanding any other provi- sion of law, the Secretary may issue a right-of-way permit pursuant to part 14 of title 36, Code of Federal Regula- tions (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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2904 (c) DEFINITIONS.—In this section: (1) COVERED MAIN SEGMENT.—The term ‘‘cov- ered main segment’’ means the portions of the nat- ural gas distribution main (including all appur- tenances 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 adja- cent to the segments of North Gulph Road and Valley Forge Park Road (SR3039 and SR0023 respectively, as those roads were aligned on January 21, 2022) that are between— (i) the intersection of North Gulph Road with Richards Road; and (ii) a point on Valley Forge Park Road located 500 feet northwest of its intersection with County Line Road.
(2) PARK.—The term ‘‘Park’’ means Valley Forge National Historical Park.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2905 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 add- ing at the end the following: ‘‘(231) YORK RIVER, MAINE.—The following segments of the main stem and tributaries (includ- ing 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 down- stream to the confluence with the York River in York, Maine.
‘‘(B) The approximately 3.77-mile segment of Cider Hill Creek from the Middle Pond dam in York, Maine, and extending downstream to the confluence with the York River in York, Maine.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2906 ‘‘(C) The approximately 2.15-mile segment of Cutts Ridge Brook from the headwaters in Kittery, Maine, and extending downstream to the confluence with the York River in York, Maine.

‘‘(D) The approximately 3.17-mile segment of Dolly Gordon Brook from the headwaters in York, Maine, and extending downstream to the confluence with the York River in York, Maine.
‘‘(E) The approximately 1.65-mile segment of Libby Brook from the headwaters in Kittery, Maine, and extending downstream to the con- fluence 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 con- fluence 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 seg- ment of the York River from the outlet of York December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2907 Pond in Eliot, Maine, and extending down- stream 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 ‘‘cov- ered segment’’ means a river segment des- ignated by paragraph (231) of section 3(a) of the of the Wild and Scenic Rivers Act (16 U.S.C.

1274(a)) (as added by subsection (a)).

(B) STATE.—The term ‘‘State’’ means the State of Maine.

(C) STEWARDSHIP COMMITTEE.—The term ‘‘Stewardship Committee’’ means the York River Stewardship Committee.
(D) STEWARDSHIP PLAN.—The term ‘‘stewardship plan’’ means the plan entitled the ‘‘York River Watershed Stewardship Plan’’, dated August 2018, and developed pursuant to the study described in section 5(b)(21) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(b)(21)).

(2) STEWARDSHIP PLAN.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2908 (A) IN GENERAL.—The Secretary shall manage the covered segments in accordance with— (i) the stewardship plan; and (ii) any amendments to the steward- ship plan that— (I) the Secretary determines are consistent with this section; and (II) are approved by the Stew- ardship Committee.

(B) COMPREHENSIVE MANAGEMENT PLAN.—The stewardship plan shall be consid- ered to satisfy the requirements for a com- prehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.

1274(d)).
1274(d)).

(3) COORDINATION WITH COMMITTEE.—The Secretary shall coordinate the management respon- sibilities of the Secretary under this section and the amendments made by this section with the Steward- ship Committee, as provided in the stewardship plan.
(4) COOPERATIVE AGREEMENTS.— (A) IN GENERAL.—To provide for the long-term protection, preservation, and en- hancement of the covered segments, the Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2909 retary may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e), 1282(b)(1)) with— (i) the State; (ii) the towns of Eliot, Kittery, South Berwick, and York in the State; and (iii) appropriate local, regional, or State planning, environmental, or rec- reational organizations.

(B) CONSISTENCY.—Each cooperative agreement entered into under this paragraph— (i) shall be consistent with the stew- ardship plan; and (ii) may include provisions for Federal financial or other assistance.
(5) LAND MANAGEMENT.— (A) ZONING ORDINANCES.—For the pur- poses of the covered segments, the zoning ordi- nances adopted by the towns described in para- graph (4)(A)(ii), including any provisions for the conservation of floodplains, wetlands, and watercourses associated with the covered seg- ments, shall be considered to satisfy the re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2910 quirements of section 6(c) of the Wild and Sce- nic Rivers Act (16 U.S.C.

1277(c)).
1277(c)).

(B) ACQUISITION OF LAND.—The author- ity of the Secretary to acquire land for the pur- poses 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 in- terest in land within the watersheds of the cov- ered segments may be acquired by condemna- tion.
(6) RELATION TO THE NATIONAL PARK SYS- TEM.—Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(c)), the cov- ered segments shall not be— (A) administered as a unit of the National Park System; or (B) subject to the laws (including regula- tions) applicable to the National Park System.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2911 SEC.

402.
2911 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 amend- ed by adding at the end the following: ‘‘(232) HOUSATONIC RIVER, CONNECTICUT.— ‘‘(A) IN GENERAL.—The following seg- ments of the Housatonic River in the State of Connecticut, to be administered by the Sec- retary of the Interior: ‘‘(i) The approximately 14.9-mile seg- ment from the Massachusetts-Connecticut boundary to the covered bridge in West Cornwall, as a scenic river.
‘‘(ii) The approximately 4.1-mile seg- ment from the covered bridge in West Cornwall to the Cornwall Bridge, as a rec- reational river.

‘‘(iii) The approximately 9.1-mile seg- ment 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2912 Kent to the Boardman Bridge in New Mil- ford, as a recreational river.
‘‘(B) EFFECTS ON HYDROELECTRIC FA- CILITIES.—The designation of the river seg- ments in subparagraph (A) shall not— ‘‘(i) impact or alter the existing terms of permitting, licensing, or operation of— ‘‘(I) the Falls Village Hydro- electric Generating Station located in Falls Village, Connecticut (FERC P– 2576); or ‘‘(II) the Bulls Bridge Hydro- electric Generating Station located in New Milford, Connecticut (FERC P– 2576); or ‘‘(ii) preclude the Federal Energy Regulatory Commission from licensing, re- licensing, or otherwise authorizing the op- eration or continued operation of the facili- ties named in clause (i).’’.
(b) MANAGEMENT.— (1) PROCESS.—The Housatonic River segments shall be managed in accordance with— (A) the Management Plan; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2913 (B) such amendments to the Management Plan as the Secretary determines are consistent with this section and the Wild and Scenic Riv- ers Act (16 U.S.C.

1271 et seq.).
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 Riv- ers 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 Sec- retary shall coordinate management responsibil- ities under this section, and may enter into co- operative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e) and 1282(b)(1)), with— (i) the State of Connecticut; (ii) the towns of Sharon, Canaan, Cornwall, Salisbury, New Milford, Kent, and North Canaan, Connecticut; and (iii) appropriate planning, environ- mental, and recreational organizations, in- cluding— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2914 (I) local, regional, State, and multistate organizations; and (II) any other appropriate orga- nizations, as determined by the Housatonic River Commission, or its successor organization, as defined in the Management Plan.

(B) COOPERATIVE AGREEMENTS.—Each cooperative agreement entered into under this paragraph shall be consistent with the Manage- ment Plan and may include provisions for fi- nancial or other assistance from the United States.
(4) ZONING ORDINANCES.—For the purposes of the Housatonic River segments, the zoning ordi- nances adopted by the municipalities named in para- graph (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 with the consent of the owner there- of; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2915 (B) subject to the additional criteria set forth in the Management Plan.
(6) NO CONDEMNATION.—No land or interest in land may be acquired for the Housatonic River segments by condemnation.

(7) RELATION TO THE NATIONAL PARK SYS- TEM.—Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(c)), the Housatonic River segments shall not be— (A) administered as a part or unit of the National Park System; or (B) subject to regulations that govern the National Park System.
(8) DEFINITIONS.—In this subsection: (A) MANAGEMENT PLAN.—The term ‘‘Management Plan’’ means the Housatonic River Management Plan, dated September 2006.

(B) HOUSATONIC RIVER SEGMENTS.—The term ‘‘Housatonic River segments’’ means the river segments designated by the amendments made by subsection(a).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2916 SEC.

403.
2916 SEC.

403.

DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA.

(a) IN GENERAL.—Section 5(a) of the Wild and Sce- nic Rivers Act (16 U.S.C.
1276(a)) is amended by adding at the end the following: ‘‘(145) LITTLE MANATEE RIVER, FLORIDA.— The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Flor- ida, downstream to the point at which the river en- ters Tampa Bay, including appropriate tributaries, but shall not include— ‘‘(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008, and Parcel ID 248100000; and ‘‘(B) South Fork.’’.
(b) STUDY AND REPORT.—Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(b)) is amended by adding at the end the following: ‘‘(22) LITTLE MANATEE RIVER, FLORIDA.—Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Sec- retary of the Interior shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2917 ‘‘(A) complete the study of the Little Man- atee River, Florida named in subsection (a)(145); and ‘‘(B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.’’.
(c) EFFECT ON MANAGEMENT.—This section and the amendments made by this section shall not interfere with the current management of the area of the Little Manatee River described in paragraph (145) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(a)), nor shall the fact that such area is listed for study under that Act be used as justification for more restrictive management until Congress acts on the study recommendations.

SEC.

404.
SEC.

404.

DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, KISSIMMEE RIVER, FLOR- IDA.

(a) IN GENERAL.—Section 5(a) of the Wild and Sce- nic Rivers Act (16 U.S.C.

1276(a)) (as amended by sec- tion 403(a)) is amended by adding at the end the fol- lowing: 24 25 ‘‘(146) KISSIMMEE RIVER, FLORIDA.—The re- stored segment of the Kissimmee River, beginning December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2918 approximately 16 miles downstream of Lake Kis- simmee and ending approximately 15 miles up- stream of Lake Okeechobee.’’.

(b) STUDIES AND REPORTS.—Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)) (as amended by section 403(b)) is amended by adding at the end the following: ‘‘(23) KISSIMMEE RIVER, FLORIDA.—Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— ‘‘(A) complete the study of the Kissimmee River, Florida named in paragraph (146) of subsection (a); and ‘‘(B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the results of the study.’’.
(c) EFFECT ON MANAGEMENT.—This section and the amendments made by this section shall not interfere with the current management of the area of the Kissimmee River described in paragraph (146) of section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1276(a)), nor shall the fact that such area is listed for study under that Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2919 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 HIS- TORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the fol- lowing: ‘‘(31) CHILKOOT NATIONAL HISTORIC TRAIL.— ‘‘(A) IN GENERAL.—The Chilkoot National Historic Trail, an approximately 16.5-mile route within the Klondike Gold Rush National Historical Park that was traditionally used as a trading route by the Tlingit Indian Tribe and Tagish First Nation and as a gold rush route, as generally depicted on the map entitled ‘Pro- posed Chilkoot National Historic Trail’, num- bered 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 appro- priate offices of the National Park Service.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2920 ‘‘(C) ADMINISTRATION.—The Chilkoot Na- tional Historic Trail shall be administered by the Secretary of the Interior.
‘‘(D) EFFECT.—The designation of the Chilkoot National Historic Trail shall not affect any authorities under Public Law 94–323 (16 U.S.C.

410bb et seq.).
‘‘(E) COORDINATION OF ACTIVITIES.—The Secretary of the Interior may coordinate with public and nongovernmental organizations and institutions of higher education in the United States and Canada, Alaska Native Corpora- tions, and, in consultation with the Secretary of State, the Government of Canada and any polit- ical subdivisions of the Government of Canada for the purposes of— ‘‘(i) exchanging information and re- search relating to the Chilkoot National Historic Trail; ‘‘(ii) supporting the preservation of, and educational programs relating to, the Chilkoot National Historic Trail; ‘‘(iii) providing technical assistance with respect to the Chilkoot National His- toric Trail; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2921 ‘‘(iv) working to establish an inter- national historic trail incorporating the Chilkoot National Historic Trail that pro- vides for complementary preservation and education programs in the United States and Canada.’’.

SEC.

502.

ALASKA LONG NATIONAL SCENIC TRAIL STUDY.

Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the fol- lowing: ‘‘(48) ALASKA LONG TRAIL.— ‘‘(A) IN GENERAL.—The Alaska Long Trail, extending approximately 500 miles from Seward, Alaska, to Fairbanks, Alaska.
‘‘(B) REQUIREMENT.—The Secretary of the Interior (referred to in this paragraph as the ‘Secretary’) shall study the feasibility of designating the trail described in subparagraph (A), including evaluating the potential impacts of the trail on rights-of-way, existing rights, or other recreational uses of the land proposed to be used for the trail.
‘‘(C) CONSULTATION.—The Secretary shall conduct the study under this paragraph in con- sultation with— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2922 ‘‘(i) the Secretary of Agriculture, act- ing through the Chief of the Forest Serv- ice; ‘‘(ii) the State of Alaska; ‘‘(iii) units of local government in the State of Alaska; ‘‘(iv) Alaska Native Corporations; and ‘‘(v) representatives of the private sec- tor, including any entity that holds a per- mit issued by the Federal Energy Regu- latory Commission.’’.

SEC.

503.

BUCKEYE NATIONAL SCENIC TRAIL FEASIBILITY STUDY.

Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) (as amended by section 502) is amended by adding at the end the following: ‘‘(49) BUCKEYE TRAIL.—The Buckeye Trail, a system of trails creating a loop extending approxi- mately 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 re- gion of southwest Ohio.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2923 TITLE VI—NATIONAL PARK SERVICE PROVISIONS Subtitle A—Additions to the National Park System SEC.

601.

NEW PHILADELPHIA NATIONAL HISTORIC SITE.

(a) DEFINITIONS.—In this section: (1) HISTORIC SITE.—The term ‘‘historic site’’ means the New Philadelphia National Historic Site established by subsection (b)(1).
(2) STATE.—The term ‘‘State’’ means the State of Illinois.

(b) ESTABLISHMENT OF NEW PHILADELPHIA NA- TIONAL 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 re- sources associated with the town of New Philadel- phia, the first town in the United States planned and legally registered by a free African American be- fore the Civil War.

(3) BOUNDARY.—The historic site shall consist of the approximately 124.33 acres of land within the boundary generally depicted as ‘‘Proposed Bound- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2924 ary’’ 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 admin- ister land within the boundary of the historic site in accordance with— (A) this section; and (B) the laws generally applicable to units of the National Park System, including— (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (ii) chapter 3201 of title 54, United States Code.
(2) COOPERATIVE AGREEMENTS.— (A) IN GENERAL.—The Secretary may enter into cooperative agreements with the State or other public and private entities— (i) to coordinate preservation and in- terpretation activities within the historic site; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2925 (ii) to identify, interpret, and provide assistance for the preservation and inter- pretation 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 subpara- graph (B), the Secretary may acquire land and interests in land for inclusion in the historic site by— (i) donation; (ii) purchase with donated or appro- priated funds; or (iii) exchange.
(B) LIMITATION.—Any land owned by the State or a political subdivision of the State may be acquired for inclusion in the historic site only by donation.

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2926 (4) TECHNICAL AND PRESERVATION ASSIST- ANCE.—The Secretary may provide public interpre- tation and technical assistance for the preservation of historic structures of, the maintenance of the cul- tural landscape of, and local preservation planning for, related historic and cultural resources within the boundaries of the historic site.
(5) MANAGEMENT PLAN.—Not later than 3 fis- cal years after the date on which funds are first made available to carry out this section, the Sec- retary, 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 Exist- ing Units of the National Park System SEC.

611.

SUNSET CRATER VOLCANO NATIONAL MONU- MENT 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2927 USDA Forest Service to National Park Service’’ on the Map.
(2) MAP.—The term ‘‘Map’’ means the map en- titled ‘‘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 Monu- ment established by Presidential Proclamation 1911 (54 U.S.C.

320301 note; 46 Stat.

3023) and redes- ignated by section 15 of the Smith River National Recreation Area Act (Public Law 101–612; 104 Stat.

3222).
3222).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Director of the National Park Service.

(b) SUNSET CRATER VOLCANO NATIONAL MONU- MENT BOUNDARY MODIFICATION.— (1) TRANSFER OF ADMINISTRATIVE JURISDIC- TION TO NATIONAL PARK SERVICE.—Administrative jurisdiction over the Federal land is transferred from the Forest Service to the National Park Serv- ice.
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2928 (2) MAP AVAILABILITY.—The Map shall be on file and available for inspection in the appropriate offices of the National Park Service.

(3) BOUNDARY MODIFICATION.—The boundary of the Monument is modified to include the Federal land.
(4) ADMINISTRATION.—Subject to valid existing rights, the Secretary shall administer the Federal land added to the Monument under paragraph (3)— (A) as part of the Monument; and (B) in accordance with applicable laws (in- cluding regulations).

SEC.

612.

ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK.

(a) NYSTROM ELEMENTARY SCHOOL ADDITION.— Section 2 of the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C.
410ggg) is amended by striking sub- section (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2929 Historical Park’, numbered 963/80,000, and dated May 2000; and ‘‘(ii) the areas depicted as the ‘Proposed Boundary Addition’ on the map entitled ‘Rosie the Riveter/World War II Home Front National Historical Park Proposed Boundary Addition’, numbered 499/168,353, and dated May 2020; and ‘‘(B) any other historic properties identi- fied by the Secretary as appropriate for addi- tion to the park, subject to the requirement that a historic property proposed for addition to the park shall— ‘‘(i) be determined to be eligible for listing in the National Register of Historic Places; ‘‘(ii) have a direct connection to World War II home front themes in Rich- mond, California; and ‘‘(iii) relate to the purpose, signifi- cance, and interpretive themes of the park.
‘‘(2) AVAILABILITY OF MAPS.—The maps re- ferred to in paragraph (1) shall be on file and avail- able for public inspection in the appropriate offices of the National Park Service.’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2930 (b) ADMINISTRATION.—Section 3(a) of the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C.
410ggg–1(a)) is amended by adding at the end the following: ‘‘(3) NYSTROM ELEMENTARY SCHOOL.—Noth- ing 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 fol- 13 lowing: ‘‘(3) WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT.— ‘‘(A) IN GENERAL.—The Secretary may enter into cooperative agreements with the West Contra Costa Unified School District and other appropriate public and private agencies, organizations, and institutions to carry out the purposes of this Act.
‘‘(B) VISITOR INTERPRETATION.—The Secretary shall coordinate visitor interpretation of the Nystrom Elementary School site with the West Contra Costa Unified School District.’’.

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2931 SEC.

613.

CAPE COD NATIONAL SEASHORE ADVISORY COM- MISSION.

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 sub- section (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: 26 ‘‘(5) The approximately 46.1 acres of land iden- tified as ‘Proposed Addition’, as generally depicted on the map entitled ‘Cane River Creole National Historical Park Proposed Addition—Magnolia Plan- tation Unit’, numbered 494/176,958, and dated Oc- tober 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 mat- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2932 ter preceding paragraph (1), by striking ‘‘Until’’ and all that follows through ‘‘subsection (a)’’ and inserting ‘‘Until September 30, 2026, subsection (a)’’.

SEC.

616.

WILSON’S CREEK NATIONAL BATTLEFIELD BOUNDARY MODIFICATION.
Section 1(b) of Public Law 86–434 (16 U.S.C.
430kk(b)) is amended— (1) in paragraph (1)— (A) in the second sentence, by striking ‘‘The map’’ and inserting the following: ‘‘(C) AVAILABILITY OF MAPS.—The maps described in subparagraphs (A) and (B)’’; (B) by striking ‘‘(1) The boundaries’’ and inserting the following: ‘‘(1) ADDITIONAL LAND.— ‘‘(A) IN GENERAL.—The boundaries’’; (C) by inserting after subparagraph (A) (as so designated) the following: ‘‘(B) NEWTONIA BATTLEFIELD ADDI- TION.—The boundary of the Wilson’s Creek National Battlefield is revised to include the ap- proximately 25 acres of land identified as ‘Pro- posed Addition’ on the map entitled ‘Wilson’s Creek National Battlefield Proposed Boundary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2933 Modification’, numbered 410/177,379, and dated July 2022.’’; and (D) by adding at the end the following: ‘‘(D) ERRORS.—The Secretary of the Inte- rior may correct any clerical or typographical error in a map described in subparagraph (A) or (B).’’; and (2) in paragraph (2)— (A) by striking ‘‘(2) The Secretary is au- thorized 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 Na- tional 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 Ap- propriations Act, 2018 (Public Law 115–141; 16 U.S.C.

1 410xxx(a)(3))) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2934 (1) in paragraph (3), by striking ‘‘numbered 571/149,942, and dated December 2018’’ and in- serting ‘‘numbered 571/177,464, and dated Sep- tember 2021’’; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the fol- lowing: ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’.
(b) AUTHORITY TO CORRECT ERRORS IN MAP.—Sec- tion 7134(d) of the Energy and Natural Resources Act of 2017 (as enacted into law by section 121(a)(2) of divi- sion G of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 16 U.S.C.
410xxx(d))) is amend- ed— (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 FACILI- TIES.—Section 7134(e) of the Energy and Natural Re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2935 sources Act of 2017 (as enacted into law by section 121(a)(2) of division G of the Consolidated Appropriations Act, 2018 (Public Law 115–141; 16 U.S.C.

410xxx(e))) is amended by adding at the end the following: ‘‘(3) VISITOR CENTER.—The Secretary— ‘‘(A) may acquire, by donation, the land (including any improvements to the land) owned by the city of Ste.
Genevieve, Missouri, and used as the visitor center for the Historical Park, as generally depicted on the Map as ‘Pro- posed Boundary Addition’; and ‘‘(B) on acquisition of the land described in subparagraph (A), shall revise the boundary of the Historical Park to include the acquired land.
‘‘(4) ADMINISTRATIVE FACILITIES.—The Sec- retary 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 de- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2936 sires’’ 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 administra- tive facilities for the use of, and supporting the purposes of, the Park.’’.

SEC.

619.
SEC.

619.

DESIGNATION OF PULLMAN NATIONAL HISTOR- ICAL 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 en- titled ‘‘Pullman National Historical Park Bound- ary’’, numbered 590/125,485, and dated November 2021.
(b) REDESIGNATION OF PULLMAN NATIONAL MONU- MENT.— 21 22 23 24 (1) IN GENERAL.—The Pullman National Monument, established by Proclamation Number 9233, dated February 19, 2015, is redesignated as the ‘‘Pullman National Historical Park’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2937 (2) AVAILABILITY OF FUNDS.—Any funds avail- able for purposes of the Pullman National Monu- ment 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 Monu- ment shall be considered to be a reference to the his- torical park.

(4) PROCLAMATION.—Proclamation Number 9233, dated February 19, 2015, shall have no force or effect.
(c) PURPOSES.—The purposes of the historical park are to preserve, protect, and interpret Pullman’s nation- ally significant cultural and historical resources associated with— (1) the labor history of the United States and creation of a national Labor Day holiday; (2) the first planned industrial community in the United States; (3) the architecture and landscape design of the planned community; (4) the pivotal role of the Pullman porter in the rise of the African-American middle class; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2938 (5) the entirety of history, culture, and historic figures embodied in Presidential Proclamation Num- ber 9233.
(d) ADMINISTRATION.—The Secretary shall admin- ister the land within the boundary of the historical park in accordance with— (1) this section; and (2) the laws generally applicable to units of the National Park System, including— (A) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code; and (B) chapter 3201 of title 54, United States Code.
(e) COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—To further the purposes of this section and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the State of Illi- nois, other public and nonprofit entities, and other interested parties, subject to paragraph (2)— (A) to support collaborative interpretive and educational programs at non-Federal his- toric properties within the boundaries of the historical park; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2939 (B) to identify, interpret, and provide as- sistance for the preservation of non-Federal land within the boundaries of the historical park and at sites in close proximity to the his- torical park, but located outside the boundaries of the historical park, including providing for placement of directional and interpretive sign- age, exhibits, and technology-based interpretive devices.

(2) PUBLIC ACCESS.—A cooperative agreement entered under this subsection shall provide for rea- sonable public access.
(f) USE OF FUNDS.— (1) IN GENERAL.—The Secretary may use ap- propriated funds to mark, interpret, improve, re- store, and provide technical assistance with respect to the preservation and interpretation of the prop- erties.
(2) INCONSISTENT PURPOSES.—Any payment made by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are incon- sistent with the purposes of this section, as deter- mined by the Secretary, shall result in a right of the United States to reimbursement of the greater of— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2940 (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 ac- quire for inclusion in the historical park any land (includ- ing interests in land), buildings, or structures owned by the State of Illinois, or any other political, private, or non- profit 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 avail- able 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2941 ‘‘(i) In addition to the land described in paragraph (1), the historical park shall consist of— ‘‘(I) the approximately 34 acres of land, as generally depicted on the map entitled ‘Palo Alto Battlefield NHS Proposed Boundary Expansion’, numbered 469/80,012, and dated May 21, 2008; and ‘‘(II) on the date that such land is donated to the United States, the approximately 166.44 acres of land generally depicted on the map entitled ‘PALO ALTO BATTLEFIELD NA- TIONAL HISTORICAL PARK Pro- posed 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2942 the donated land is feasible and appro- priate, the Secretary may accept such land and administer the land as part of the his- torical park after providing notice of such finding to Congress.’’; and (2) in subparagraph (B)— (A) in the heading, by striking ‘‘MAP’’ and inserting ‘‘MAPS’’; and (B) by striking ‘‘map’’ and inserting ‘‘maps’’.

(b) LEGAL DESCRIPTION.—Section 3(b)(3) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C.
410nnn–1(b)(3)) is amended by striking ‘‘after’’ and all that follows through ‘‘Secretary of the In- terior’’ and inserting ‘‘after the addition of lands to the historic park boundary, the Secretary of the Interior’’.

SEC.

621.

INSTALLATION OF PLAQUE COMMEMORATING SLAVE REBELLION ON ST. JOHN.
(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary shall in- stall, 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.
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2943 (b) CONTENTS OF PLAQUE.—The plaque installed under subsection (a) shall include information regarding— (1) important facts about the slave rebellion that began on St. John in 1733; (2) the collective suicide that occurred during the slave rebellion in the vicinity of Ram Head on St. John in 1734; and (3) the significance of the slave rebellion to the history of St. John, the United States Virgin Is- lands, and the United States.
Subtitle C—National Park Service Studies SEC.

631.

SPECIAL RESOURCE STUDY OF JOHN P. PARKER HOUSE.

(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means the John P. Parker House in Ripley, Ohio, which was recognized as a National His- 18 toric Landmark in 1997.
(b) STUDY.— (1) IN GENERAL.—The Secretary shall conduct a special resource study of the study area to deter- mine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System.

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2944 (2) CONTENTS.—In conducting the study under paragraph (1), the Secretary shall— (A) evaluate the national significance of the study area; (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preser- vation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and non- profit organizations; (D) consult with interested Federal agen- cies, State or local governmental entities, pri- vate and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, oper- ation, and maintenance associated with the al- ternatives described in subparagraphs (B) and (C).
(3) STUDY REQUIREMENTS.—The Secretary shall conduct the study in accordance with section 100507 of title 54, United States Code.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2945 (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 de- scribes— (A) the results of the study; and (B) any recommendations of the Secretary.

SEC.

632.

DEARFIELD, COLORADO, SPECIAL RESOURCE STUDY.


(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means the site known as ‘‘Dearfield’’, in Weld County, Colorado, which was a his- torically black agricultural settlement founded by Oliver Toussaint Jackson.

17 (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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2946 (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preser- vation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and non- profit organizations; (D) consult with interested Federal agen- cies, State or local governmental entities, pri- vate and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, oper- ation, and maintenance associated with the al- ternatives described in subparagraphs (B) and (C).
(3) APPLICABLE LAW.—The study required under paragraph (1) shall be conducted in accord- ance with section 100507 of title 54, United States Code.

(c) REPORT.—Not later than 3 years after the date on which funds are first made available to carry out the study under subsection (b)(1), the Secretary shall submit to the Committee on Natural Resources of the House of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2947 Representatives and the Committee on Energy and Nat- ural 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 LOCA- TIONS.
(a) DEFINITION OF STUDY AREA.—In this section, the term ‘‘study area’’ means sites within approximately 100 miles of Memphis, Tennessee, at which lynchings took place, including the lynching sites of— (1) Wash Henley in 1869; (2) Christopher Bender and Bud Whitfield in 1868; (3) Thomas Moss, Will Stewart, and Calvin McDowell in 1892 during the event referred to as ‘‘The People’s Grocery Lynchings’’; (4) Lee Walker in 1893; (5) Warner Williams, Daniel Hawkins, Robert Haynes, Edward Hall, John Hayes, and Graham White in 1894; (6) Ell Persons in 1917; (7) Jesse Lee Bond in 1939; and (8) Elbert Williams in 1940.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2948 (b) STUDY.—The Secretary shall conduct a special resource study of the study area.
(c) CONTENTS.—In conducting the special resource study under subsection (b), the Secretary shall— (1) evaluate the national significance of the study area; (2) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations; (4) consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested per- sons; and (5) identify cost estimates for any Federal ac- quisition, development, interpretation, operation, and maintenance associated with the alternatives.
(d) APPLICABLE LAW.—The special resource study required under subsection (b) shall be conducted in ac- cordance with section 100507 of title 54, United States Code.

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2949 (e) REPORT.—Not later than 3 years after the date on which funds are made available to carry out this sec- tion, the Secretary shall submit to the Committee on En- ergy and Natural Resources of the Senate and the Com- mittee on Natural Resources of the House of Representa- tives a report that describes— (1) the results of the special resource study re- quired under subsection (b); and (2) any recommendations of the Secretary.

SEC.

634.

RESOURCE STUDY OF THE LOS ANGELES COAST- AL 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 spe- cial 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2950 (B) determine the suitability and feasibility of designating the study area as a unit of the National Park System; (C) consider other alternatives for preser- vation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and non- profit organizations; (D) consult with interested Federal agen- cies, State or local governmental entities, pri- vate and nonprofit organizations, or any other interested individuals; and (E) identify cost estimates for any Federal acquisition, development, interpretation, oper- ation, and maintenance associated with the al- ternatives.
(3) APPLICABLE LAW.—The study required under paragraph (1) shall be conducted in accord- ance with section 100507 of title 54, United States Code.
(4) REPORT.—Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall sub- mit to the Committee on Natural Resources of the House of Representatives and the Committee on En- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2951 ergy and Natural Resources of the Senate a report that describes— (A) the results of the study; and (B) any conclusions and recommendations of the Secretary.

Subtitle D—National Park Service Programs SEC.

641.

ACQUISITION OF LAND FOR ADMINISTRATIVE PURPOSES OF HISTORIC PRESERVATION TRAINING CENTER.

(a) DEFINITIONS.—In this section: (1) CENTER.—The term ‘‘Center’’ means the Historic Preservation Training Center and related facilities of the National Park Service in Frederick County, Maryland.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting through the Director of the National Park Service.

(b) AUTHORIZATION OF ACQUISITION.—To further develop the Center in accordance with section 305306 of title 54, United States Code, the Secretary may acquire not more than 20 acres of land or interests in land in Frederick County, Maryland, for the Center for the pur- pose of supporting the physical space, program initiatives, and workforce development capacity of the Center.
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2952 (c) METHOD OF ACQUISITION.—Land or an interest in land for the Center may only be acquired under sub- section (b) by donation, transfer, exchange, or purchase from a willing seller using donated or appropriated funds.
(d) ADMINISTRATION OF ACQUIRED LAND.—On ac- quisition 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 de- scribed in subsection (b).

SEC.

642.

WAIVER OF SPECIAL USE PERMIT APPLICATION FEE FOR VETERANS’ SPECIAL EVENTS.
(a) DEFINITIONS.—In this section: (1) MEMBER OF A GOLD STAR FAMILY.—The term ‘‘member of a Gold Star Family’’ means any individual that meets the eligibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruction).

(2) SPECIAL EVENTS.—The term ‘‘special events’’ has the meaning given the term in section 7.96(g)(1) of title 36, Code of Federal Regulations (or a successor regulation).
(3) THE DISTRICT OF COLUMBIA AND ITS ENVI- RONS.—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.

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2953 (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 memo- rial’’ means any memorial or monument that has been erected or dedicated to commemorate a military unit, military group, war, conflict, victory, or peace.
(b) WAIVER.—The application fee for any application for a special use permit, the sole purpose of which is to hold a veterans’ special event at a war memorial on land administered by the National Park Service in the District of Columbia and its environs, shall be waived.
(c) APPLICABILITY OF EXISTING LAWS.—Notwith- standing subsection (b), an applicant for a special use per- mit described in that subsection shall be subject to any other law (including regulations) or policy applicable to the application, issuance, or execution of the special use permit.

23 24 (d) APPLICABILITY.—This section shall apply to any special use permit application submitted after the date of 25 enactment of this Act.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2954 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 AFRI- CAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM ‘‘Sec.

‘‘308601.

Definitions.

‘‘308602.


United States African-American Burial Grounds Preservation Pro- gram.

‘‘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 lo- cation, 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 re- spect to a property, means a property that can rea- sonably be considered to date back at least 50 years.
‘‘(3) PROGRAM.—The term ‘Program’ means the United States African-American Burial Grounds December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2955 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 pro- gram to be known as the ‘United States African-American Burial Grounds Preservation Program’.
‘‘(b) DUTIES OF SECRETARY.—In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the Afri- can-American heritage community, shall develop a pro- gram for the provision of grants in accordance with section 308603(a).

15 16 17 18 ‘‘(c) DONATIONS.—The Secretary may accept mone- tary donations to further the purposes of this chapter.
‘‘(d) CONSENT OF PRIVATE PROPERTY OWNER RE- QUIRED.—Burial grounds shall only be considered for a 19 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.

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‘‘§ 308603.
Authority to make grants 2956 ‘‘(a) IN GENERAL.—The Secretary may make grants to other Federal agencies, State, local, and Tribal govern- ments, other public entities, educational institutions, his- toric preservation groups, and private nonprofit organiza- tions in accordance with this chapter for— ‘‘(1) the identification of historic African-Amer- ican burial grounds that may qualify for the Pro- gram; ‘‘(2) the preservation and restoration of Afri- can-American burial grounds; ‘‘(3) the interpretation of African-American burial grounds; and ‘‘(4) related research and documentation for historic African-American burial grounds.
‘‘(b) FUNDING.— ‘‘(1) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out this sec- tion $3,000,000 for each of fiscal years 2023 through 2027.

‘‘(2) AVAILABILITY.—Any amounts made avail- able 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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2957 ‘‘§ 308604.
Cooperative agreements and memoranda of understanding ‘‘The Secretary may enter into cooperative agree- ments and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agen- cies, States, units of local government, Tribal govern- ments, regional governmental bodies, nonprofit organiza- tions, educational institutions, and private entities— ‘‘(1) to achieve the purposes of this chapter; and ‘‘(2) to ensure effective coordination of the Fed- eral 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 af- fect the management or use of private property with- out the written consent of the owner of the private property; ‘‘(2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant pro- vided to the owner of the private property under this chapter; or December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2958 ‘‘(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 Program ........................................................................308601’’.

SEC.

644.
SEC.

644.

NORMAN Y. MINETA JAPANESE AMERICAN CON- FINEMENT EDUCATION GRANTS.

Public Law 109–441 (120 Stat.
3289) is amended— (1) in section 2, by adding at the end the fol- lowing: ‘‘(4) JAPANESE AMERICAN CONFINEMENT EDU- CATION GRANTS.—The term ‘Japanese American Confinement Education Grants’ means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Jap- anese American confinement and the commitment of the United States to equal justice under the law.
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2959 ‘‘(5) JAPANESE AMERICAN ORGANIZATION.— The term ‘Japanese American organization’ means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States.’’; and (2) in section 4— (A) by inserting ‘‘(a) IN GENERAL.—’’ be- fore ‘‘There are authorized’’; (B) by striking ‘‘$38,000,000’’ and insert- ing ‘‘$80,000,000’’; and (C) by adding at the end the following: ‘‘(b) JAPANESE AMERICAN CONFINEMENT EDU- CATION 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 Amer- ican organizations.
Such competitive grants shall be in an amount not less than $750,000 and the Sec- retary shall give priority consideration to Japanese American organizations with fewer than 100 employ- ees.

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2960 ‘‘(2) MATCHING REQUIREMENT.— ‘‘(A) FIFTY PERCENT.—Except as pro- vided in subparagraph (B), for funds awarded under this subsection, the Secretary shall re- quire a 50 percent match with non-Federal as- sets from non-Federal sources, which may in- clude cash or durable goods and materials fairly valued, as determined by the Secretary.
‘‘(B) WAIVER.—The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that— ‘‘(i) no reasonable means are available through which an applicant can meet the matching requirement; and ‘‘(ii) the probable benefit of the project funded outweighs the public inter- est in the matching requirement.’’.

SEC.

645.

JAPANESE AMERICAN WORLD WAR II HISTORY NETWORK.


(a) ESTABLISHMENT.—The Secretary shall establish, within the National Park Service, a program to be known as the ‘‘Japanese American World War II History Net- work’’ (referred to in this section as the ‘‘Network’’).

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2961 (b) DUTIES OF SECRETARY.—In carrying out the Network, the Secretary shall— (1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American expe- riences during World War II, including studies re- lated to relocation centers and confinement sites, that are underway or completed; (2) produce and disseminate appropriate edu- cational materials, such as handbooks, maps, inter- pretive guides, or electronic information relating to Japanese American World War II history and Japa- nese American experiences during the war, including relocation centers and confinement sites; (3) enter into appropriate cooperative agree- ments 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: 24 25 (1) All units and programs of the National Park Service that are determined by the Secretary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2962 to relate to Japanese American World War II his- tory and Japanese American experiences during the war, including relocation centers and confinement sites.
(2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that— (A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and con- finement sites; (B) have a verifiable connection to Japa- nese American World War II history and Japa- nese experiences during the war, including relo- cation and confinement sites; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the Na- tional 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.

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2963 (d) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with units of the National Park System and programs of the National Park Service, including the Jap- anese American Confinement Sites Program, the Sec- retary may enter into cooperative agreements and memo- randa of understanding with, and provide technical assist- ance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental 12 bodies, and private entities.
13 14 (e) SUNSET.—The authority of the Secretary under this section shall expire 7 years after the date of enact- 15 ment of this Act.

16 17 18 SEC.

646.

AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL PARK FOUNDATION.

Section 101122(a) of title 54, United States Code, 19 is amended— 20 21 22 (1) by striking ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’; and (2) by striking ‘‘2023’’ and inserting ‘‘2030’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2964 TITLE VII—COMMEMORATIVE WORKS AND NATIONAL ME- MORIALS SEC.

701.

DESIGNATION OF THE KOL ISRAEL FOUNDATION HOLOCAUST MEMORIAL AS A NATIONAL ME- MORIAL.
(a) CONGRESSIONAL RECOGNITION.—Congress— (1) recognizes the significance of the Kol Israel Foundation Holocaust Memorial in preserving the memory of the 6,000,000 Jews murdered by the Nazi regime and allies and collaborators of the Nazi regime; and (2) honors the life and legacy of the Holocaust survivors who erected the Kol Israel Foundation Holocaust Memorial.
(b) DESIGNATION.— (1) IN GENERAL.—The Kol Israel Foundation Holocaust Memorial located in Bedford Heights, Ohio, is designated as a national memorial.

(2) EFFECT OF DESIGNATION.— (A) IN GENERAL.—The national memorial designated by paragraph (1) is not a unit of the National Park System.
(B) USE OF FEDERAL FUNDS.—The des- ignation of the national memorial by paragraph December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2965 (1) shall not require or permit Federal funds to be expended for any purpose relating to the na- tional memorial.

SEC.

702.
SEC.

702.

AUTHORIZATION TO ESTABLISH COMMEMORA- TIVE WORK TO COMMEMORATE THE COMMIT- MENT AND SERVICE REPRESENTED BY WOMEN WHO WORKED ON THE HOME FRONT DURING WORLD WAR II.

(a) IN GENERAL.—The Women Who Worked on the Home Front Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by women who worked on the home front dur- ing World War II.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMO- RATIVE WORKS.—The establishment of the commemora- tive 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 21 FUNDS.— 22 23 24 (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2966 (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 establish- ment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all ex- penses 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 estab- lishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on ex- piration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds re- ceived for the establishment of the commemorative work, the Women Who Worked on the Home Front Foundation shall transmit the amount of the balance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2967 to a separate account with the National Park Foun- dation for memorials, to be available to the Sec- retary or Administrator of General Services, as ap- propriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for ac- counts established under paragraph (2) or (3) of that section.

SEC.

703.

EXTENSION OF AUTHORITY FOR ESTABLISHMENT OF NATIONAL LIBERTY MEMORIAL COM- MEMORATIVE 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 Sep- tember 30, 2027.

17 SEC.

704.
SEC.

704.

AUTHORIZATION TO ESTABLISH COMMEMORA- TIVE WORK TO COMMEMORATE THE HEROIC DEEDS AND SACRIFICES OF SERVICE ANI- MALS AND HANDLERS OF SERVICE ANIMALS IN THE UNITED STATE.

(a) IN GENERAL.—The National Service Animals Monument Corporation (referred to in this section as the ‘‘Corporation’’) may establish a commemorative work on Federal land in the District of Columbia and its environs December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2968 to commemorate the heroic deeds and sacrifices of service animals and handlers of service animals in the United States.

(b) COMPLIANCE WITH STANDARDS FOR COMMEMO- RATIVE WORKS.—The establishment of the commemora- tive 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 SERV- ICE ANIMALS MONUMENT CORPORATION.—The Cor- poration shall be solely responsible for the accept- ance of contributions for, and payment of the ex- penses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all ex- penses 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2969 remains a balance of funds received for the estab- lishment of the commemorative work, the Corpora- 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 ex- piration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds re- ceived for the establishment of the commemorative work under this section, the Corporation shall trans- mit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or the Administrator of General Services, as appropriate, in accordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts established under paragraph (2) or (3) of that section.
SEC.

705.

AUTHORIZATION TO ESTABLISH COMMEMORA- TIVE WORK TO HONOR JEAN MONNET.

(a) IN GENERAL.—The Embassy of France in Wash- ington, 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 ex- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2970 traordinary contributions of Jean Monnet with respect to— and (1) restoring peace between European nations; (2) establishing the European Union.

(b) COMPLIANCE WITH STANDARDS FOR COMMEMO- RATIVE WORKS.—The establishment of the commemora- tive work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ‘‘Commemorative Works Act’’).
(c) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (1) IN GENERAL.—Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.

(2) RESPONSIBILITY OF THE EMBASSY OF FRANCE IN WASHINGTON, DC.—The Embassy shall be solely responsible for the acceptance of contribu- tions for, and payment of the expenses of, the estab- lishment of the commemorative work under this sec- tion.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all ex- penses for the establishment of the commemorative work under this section (including the maintenance December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2971 and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the estab- lishment of the commemorative work, the Embassy shall transmit the amount of the balance to the Sec- retary for deposit in the account provided for in sec- tion 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on ex- piration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds re- ceived 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 Serv- ices, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2972 ‘‘El Paso Community Healing Garden National Memo- rial’’.
(b) EFFECT OF DESIGNATION.—The national memo- rial designated by this section is not a unit of the National Park System and the designation of the El Paso Commu- nity Healing Garden National Memorial shall not require or authorize Federal funds to be expended for any purpose related to that national memorial.

SEC.

707.

AUTHORIZATION TO ESTABLISH COMMEMORA- TIVE WORK TO COMMEMORATE THE ENSLAVED INDIVIDUALS WHO ENDURED THE MIDDLE PASSAGE.
(a) IN GENERAL.—The Georgetown African Amer- ican 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 un- known, who endured the Middle Passage.
(b) COMPLIANCE WITH STANDARDS FOR COMMEMO- RATIVE WORKS.—The establishment of the commemora- tive 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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2973 (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 AF- RICAN AMERICAN HISTORIC LANDMARK PROJECT AND TOUR.—The Georgetown African American Historic Landmark Project and Tour shall be solely responsible for the acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all ex- penses 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 estab- lishment of the commemorative work, the George- town 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 ex- piration of the authority for the commemorative work under section 8903(e) of title 40, United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2974 States Code, there remains a balance of funds re- ceived 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 SAC- RIFICED THEIR LIVES IN SERVICE TO A FREE PRESS.
The location of a commemorative work to commemo- rate 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 enti- tled ‘‘Commemorative Areas Washington, DC and Envi- rons’’, numbered 869/86501 B, and dated June 24, 2003, is approved.

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2975 SEC.

709.

AUTHORIZATION OF THOMAS PAINE COMMEMO- RATIVE WORK.

(a) IN GENERAL.—The Thomas Paine Memorial As- sociation 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 COMMEMO- RATIVE WORKS.—The establishment of the commemora- tive 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 ex- pense of the establishment of the commemorative work 15 under this section.
(d) DEPOSIT OF EXCESS FUNDS.— (1) IN GENERAL.—If, on payment of all ex- penses 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 estab- lishment of the commemorative work, the Thomas Paine Memorial Association shall transmit the amount of the balance to the Secretary for deposit December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2976 in the account provided for in section 8906(b)(3) of that title.
(2) ON EXPIRATION OF AUTHORITY.—If, on ex- piration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds re- ceived for the establishment of the commemorative work, the Thomas Paine Memorial Association shall transmit the amount of the balance to a separate ac- count with the National Park Foundation for memo- rials, to be available to the Secretary or the Admin- istrator of General Services, as appropriate, in ac- cordance with the process provided in paragraph (4) of section 8906(b) of that title for accounts estab- lished under paragraphs (2) and (3) of that section.
SEC.

710.

DESIGNATION OF UKRAINIAN INDEPENDENCE PARK.

(a) DESIGNATION.— (1) IN GENERAL.—The area described in para- graph (2) shall be designated as ‘‘Ukrainian Inde- pendence Park’’.
(2) DESCRIPTION OF AREA.—The area des- ignated under paragraph (1) is the approximately 0.35 acres generally depicted as ‘‘Ukrainian Inde- pendence Park’’ on the map entitled ‘‘Ukrainian December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2977 Independence Park Proposed Boundary’’, numbered 802/180,561, and dated June 2022.
(b) REFERENCE.—Any reference in any law, regula- tion, document, record, map, paper, or other record of the United States to the area or properties described in sub- section (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 informa- tion on the importance of the independence, freedom, and sovereignty of Ukraine and the solidarity between the peo- ple of Ukraine and the United States.
TITLE VIII—MISCELLANEOUS SEC.

801.

LONG-TERM ABANDONED MINE LAND RECLAMA- TION.

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 para- graph (2), grants under’’; and (2) by adding at the end the following: ‘‘(2) LONG-TERM ABANDONED MINE LAND REC- LAMATION.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2978 ‘‘(A) IN GENERAL.—Not more than 30 percent of the total amount of a grant made annually under subsection (b)(1) may be re- tained by the recipient of the grant if those amounts are deposited into a long-term aban- doned mine land reclamation fund established under State law, from which amounts (together with all interest earned on the amounts) are ex- pended by the State or Indian Tribe, as appli- cable, for— ‘‘(i) the abatement of the causes and the treatment of the effects of acid mine drainage resulting from coal mining prac- tices, 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

1 2979 ‘‘(i) offer amendments to the inven- tory maintained under section 403(c) of the Surface Mining Control and Reclama- tion Act of 1977 (30 U.S.C.
1233(c)) to reflect the use of the amounts for— ‘‘(I) acid mine drainage abate- ment and treatment; ‘‘(II) subsidence prevention, abatement, and control; and ‘‘(III) coal mine fire prevention, abatement, and control; and ‘‘(ii) include in the annual grant re- port of the recipient information on the status and balance of amounts in the long- term abandoned mine land reclamation fund.
‘‘(C) TERM.—Amounts retained under subparagraph (A) shall not be subject to— ‘‘(i) subsection (d)(4)(B); or ‘‘(ii) any other limitation on the length of the term of an annual grant under subsection (b)(1).’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2980 SEC.

802.

CONSENT OF CONGRESS TO AMENDMENT TO THE CONSTITUTION OF THE STATE OF NEW MEX- ICO.
Congress consents to the amendment to the Constitu- tion of the State of New Mexico proposed by House Joint Resolution 1 of the 55th Legislature of the State of New Mexico, First Session, 2021, entitled ‘‘A Joint Resolution Proposing an Amendment to Article 12, Section 7 of the Constitution of New Mexico to Provide for Additional An- nual Distributions of the Permanent School Fund for En- hanced Instruction for Students at Risk of Failure, Ex- tending the School Year, Teacher Compensation and Early Childhood Education; Requiring Congressional Ap- proval 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, Min- nesota, shall be known and designated as the ‘‘Coya Knutson Post Office’’.
22 23 24 25 (b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 26 Office’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

102.

ROBERT SMALLS POST OFFICE.


2981 (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 des- ignated as the ‘‘Robert Smalls Post Office’’.

(b) REFERENCES.—Any reference in a law, map, reg- ulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Robert Smalls Post Office’’.
SEC.

103.

ROBERT J. DOLE MEMORIAL POST OFFICE BUILD- ING.

(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, reg- ulation, 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 Memo- 21 rial Post Office Building’’.

22 23 24 25 26 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’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2982 (b) REFERENCES.—Any reference in a law, map, reg- ulation, 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, reg- ulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Harriet Tubman Post 15 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, reg- ulation, 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 25 Desilets Post Office’’.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

107.

SGT.

JEREMY C. SHERMAN POST OFFICE BUILD- 2983 ING.


(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, reg- ulation, 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. Sher- 11 man Post Office Building’’.

12 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 Semi- nole, Oklahoma, shall be known and designated as the ‘‘Sergeant Bret D. Isenhower Memorial Post Office Build- 18 ing’’.
26 (b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2984 Linda, California, shall be known and designated as the ‘‘Cottle Centanni Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘‘Cottle Centanni Post Office Building’’.

SEC.

110.

CAPTAIN ROBERT C. HARMON AND PRIVATE JOHN R. PEIRSON POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal Service located at 430 South Knowles Avenue in New Richmond, Wisconsin, shall be known and designated as the ‘‘Captain Robert C. Harmon and Private John R. Peirson Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 Build- 20 ing’’.

21 22 23 24 SEC.

111.

CORPORAL MITCHELL RED CLOUD, JR. POST OF- FICE.


(a) DESIGNATION.—The facility of the United States Postal Service located at 619 Hewett Street in Neillsville, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2985 Wisconsin, shall be known and designated as the ‘‘Cor- poral Mitchell Red Cloud, Jr. Post Office’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 OF- FICE.


(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 ‘‘Cor- poral Joseph Rodney Chapman Post Office’’.

(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 Rod- 18 ney 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, reg- ulation, document, paper, or other record of the United December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2986 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, reg- ulation, 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’ 13 Brzezinski Post Office’’.

14 SEC.

115.

MITCHELL F. LUNDGAARD POST OFFICE BUILD- ING.


(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, reg- ulation, 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 24 Post Office Building’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2987 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, reg- ulation, 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 10 Post Office’’.

11 12 13 SEC.

117.

CHANGE OF ADDRESS FOR MARILYN MONROE POST OFFICE.

Section 1 of Public Law 116–80 is amended to read 14 as follows: ‘‘SECTION 1.

MARILYN MONROE POST OFFICE BUILDING.


‘‘(a) DESIGNATION.—The facility of the United States Postal Service located at 15701 Sherman Way in Van Nuys, California, shall be known and designated as the ‘Marilyn Monroe Post Office Building’.

‘‘(b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ‘Marilyn Monroe Post 24 Office Building’.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

SEC.

118.

JESUS ANTONIO COLLAZOS POST OFFICE BUILD- 2988 ING.

(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, reg- ulation, 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, reg- ulation, 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’’.

22 23 24 25 26 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2989 designated as the ‘‘District of Columbia Servicemembers and Veterans Post Office’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 14 Building’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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 Jo- seph ‘Joey’ W. Dimock II Post Office Building’’.

SEC.

122.

CORPORAL HUNTER LOPEZ MEMORIAL POST OF- FICE BUILDING.
(a) DESIGNATION.—The facility of the United States Postal Service located at 79125 Corporate Centre Drive in La Quinta, California, shall be known and designated December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2990 as the ‘‘Corporal Hunter Lopez Memorial Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, reg- ulation, 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, reg- ulation, 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’’.

18 SEC.

124.

CHAIRMAN RICHARD MILANOVICH POST OFFICE.


(a) DESIGNATION.—The facility of the United States Postal Service located at 333 North Sunrise Way in Palm Springs, California, shall be known and designated as the ‘‘Chairman Richard Milanovich Post Office’’.

(b) REFERENCES.—Any reference in a law, map, reg- ulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
2991 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, reg- ulation, 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 12 Cha´vez Post Office’’.

13 DIVISION FF—HEALTH AND HUMAN SERVICES SEC.

1.

SHORT TITLE.
1.

SHORT TITLE.

This division may be cited as the ‘‘Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022’’.

SEC.

2.

TABLE OF CONTENTS.

The table of contents for this division is as follows: DIVISION FF—HEALTH AND HUMAN SERVICES Sec.

1.

Short title.

Sec.

2.

Table of contents.

TITLE I—RESTORING HOPE FOR MENTAL HEALTH AND WELL- BEING Sec.

1001.

Short title.
1001.

Short title.

Subtitle A—Mental Health and Crisis Care Needs CHAPTER 1—CRISIS CARE SERVICES AND 9–8–8 IMPLEMENTATION December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2992 Sec.

1101.

Behavioral Health Crisis Coordinating Office.

Sec.

1102.

Crisis response continuum of care.

Sec.

1103.

Suicide Prevention Lifeline Improvement.

CHAPTER 2—INTO THE LIGHT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS Sec.

1111.
1111.

Screening and treatment for maternal mental health and substance use disorders.

Sec.

1112.

Maternal mental health hotline.

Sec.

1113.

Task force on maternal mental health.

Sec.

1114.

Residential treatment program for pregnant and postpartum women pilot program reauthorization.

CHAPTER 3—REACHING IMPROVED MENTAL HEALTH OUTCOMES FOR PATIENTS Sec.

1121.

Innovation for mental health.

Sec.

1122.

Crisis care coordination.

Sec.

1123.

Treatment of serious mental illness.

Sec.

1124.


Study on the costs of serious mental illness.

CHAPTER 4—ANNA WESTIN LEGACY Sec.

1131.

Maintaining education and training on eating disorders.

CHAPTER 5—COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT REAUTHORIZATION Sec.

1141.

Reauthorization of block grants for community mental health serv- ices.

CHAPTER 6—PEER-SUPPORTED MENTAL HEALTH SERVICES Sec.

1151.

Peer-supported mental health services.


Subtitle B—Substance Use Disorder Prevention, Treatment, and Recovery Services CHAPTER 1—NATIVE BEHAVIORAL HEALTH RESOURCES Sec.

1201.

Behavioral health and substance use disorder resources for Native Americans.

CHAPTER 2—SUMMER BARROW PREVENTION, TREATMENT, AND RECOVERY Sec.

1211.

Grants for the benefit of homeless individuals.

Sec.

1212.

Priority substance use disorder treatment needs of regional and na- tional significance.

Sec.

1213.
Sec.

1213.

Evidence-based prescription opioid and heroin treatment and inter- ventions demonstration.

Sec.

1214.

Priority substance use disorder prevention needs of regional and na- tional significance.

Sec.

1215.

Sober Truth on Preventing (STOP) Underage Drinking Reauthor- ization.

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.


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2993 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- quality recovery housing.

Sec.

1233.

Coordination of Federal activities to promote the availability of re- covery housing.

Sec.

1234.

National Academies of Sciences, Engineering, and Medicine study and report.

Sec.

1235.

Grants for States to promote the availability of recovery housing and services.

Sec.

1236.

Funding.

Sec.

1237.

Technical correction.


CHAPTER 4—SUBSTANCE USE PREVENTION, TREATMENT, AND RECOVERY SERVICES BLOCK GRANT Sec.

1241.

Eliminating stigmatizing language relating to substance use.

Sec.

1242.

Authorized activities.

Sec.

1243.

State plan requirements.

Sec.

1244.

Updating certain language relating to Tribes.

Sec.

1245.

Block grants for substance use prevention, treatment, and recovery services.

Sec.

1246.

Requirement of reports and audits by States.

Sec.

1247.
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 treat- ment.

Sec.

1263.

Requiring prescribers of controlled substances to complete training.

Sec.

1264.

Increase in number of days before which certain controlled sub- stances 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 dis- orders.

Subtitle C—Access to Mental Health Care and Coverage December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2994 CHAPTER 1—IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES Sec.

1301.

Improving uptake and patient access to integrated care services.
CHAPTER 2—HELPING ENABLE ACCESS TO LIFESAVING SERVICES Sec.

1311.

Reauthorization and provision of certain programs to strengthen the health care workforce.

Sec.

1312.

Reauthorization of minority fellowship program.

CHAPTER 3—ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS Sec.

1321.

Eliminating the opt-out for nonfederal governmental health plans.

CHAPTER 4—MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLEMENTATION Sec.

1331.
1331.

Grants to support mental health and substance use disorder parity implementation.

Subtitle D—Children and Youth CHAPTER 1—SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS Sec.

1401.

Technical assistance for school-based health centers.

Sec.

1402.

Infant and early childhood mental health promotion, intervention, and treatment.

Sec.

1403.

Co-occurring chronic conditions and mental health in youth study.

Sec.

1404.

Best practices for behavioral and mental health intervention teams.
CHAPTER 2—CONTINUING SYSTEMS OF CARE FOR CHILDREN Sec.

1411.

Comprehensive Community Mental Health Services for Children with Serious Emotional Disturbances.

Sec.

1412.

Substance Use Disorder Treatment and Early Intervention Services for Children and Adolescents.

CHAPTER 3—GARRETT LEE SMITH MEMORIAL REAUTHORIZATION Sec.

1421.

Suicide prevention technical assistance center.

Sec.

1422.

Youth suicide early intervention and prevention strategies.

Sec.

1423.
Sec.

1423.

Mental health and substance use disorder services for students in higher education.

Sec.

1424.

Mental and behavioral health outreach and education at institutions of higher education.

CHAPTER 4—MEDIA AND MENTAL HEALTH Sec.

1431.

Study on the effects of smartphone and social media use on adoles- cents.

Sec.

1432.

Research on the health and development effects of media and re- lated technology on infants, children, and adolescents.

Subtitle E—Miscellaneous Provisions Sec.

1501.


Limitations on authority.

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2995 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 Dis- ease Control and Prevention.

Sec.

2102.
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 serv- ices during public health emergencies.

Sec.

2113.

Trauma care reauthorization.


Sec.

2114.

Assessment of containment and mitigation of infectious diseases.

Sec.

2115.

Consideration of unique challenges in noncontiguous States and ter- ritories.

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.
2211.

Modernizing State, local, and Tribal biosurveillance capabilities and infectious disease data.

Sec.

2212.

Genomic sequencing, analytics, and public health surveillance of pathogens.

Sec.

2213.

Supporting State, local, and Tribal public health data.

Sec.

2214.

Epidemic forecasting and outbreak analytics.

Sec.

2215.

Public health data transparency.

Sec.

2216.

GAO report on public health preparedness, response, and recovery data capabilities.
CHAPTER 3—REVITALIZING THE PUBLIC HEALTH WORKFORCE Sec.

2221.

Improving recruitment and retention of the frontline public health workforce.

Sec.

2222.

Awards to support community health workers and community health.

Sec.

2223.

Improving public health emergency response capacity.

Sec.

2224.

Increasing educational opportunities for allied health professions.

Sec.

2225.

Public Health Service Corps annual and sick leave.

Sec.

2226.
Sec.

2226.

Leadership exchange pilot for public health and medical prepared- ness and response positions at the Department of Health and Human Services.

Sec.

2227.

Continuing educational support for health professionals serving in rural and underserved communities.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2996 CHAPTER 4—ENHANCING PUBLIC HEALTH PREPAREDNESS AND RESPONSE Sec.

2231.

Centers for public health preparedness and response.

Sec.

2232.
Sec.

2232.

Vaccine distribution plans.

Sec.

2233.

Coordination and collaboration regarding blood supply.

Sec.

2234.

Supporting laboratory capacity and international collaboration to address antimicrobial resistance.

Sec.

2235.

One Health framework.

Sec.

2236.

Supporting children during public health emergencies.

Subtitle C—Accelerating Research and Countermeasure Discovery CHAPTER 1—FOSTERING RESEARCH AND DEVELOPMENT AND IMPROVING COORDINATION Sec.

2301.
2301.

Research centers for pathogens of pandemic concern.

Sec.

2302.

Improving medical countermeasure research coordination.

Sec.

2303.

Accessing specimen samples and diagnostic tests.

Sec.

2304.

National Academies of Sciences, Engineering, and Medicine study on natural immunity in relation to the COVID–19 pandemic.

CHAPTER 2—IMPROVING BIOSAFETY AND BIOSECURITY Sec.

2311.

Improving control and oversight of select biological agents and tox- ins.

Sec.

2312.
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 po- tential.

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.
Sec.

2402.

Supply chain considerations for the Strategic National Stockpile.

Sec.

2403.

Strategic National Stockpile equipment maintenance.

Sec.

2404.

Improving transparency and predictability of processes of the Stra- tegic National Stockpile.

Sec.

2405.

Improving supply chain flexibility for the Strategic National Stock- pile.

Sec.

2406.

Reimbursement for certain supplies.

Sec.

2407.

Action reporting on stockpile depletion.


December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2997 Sec.

2408.

Provision of medical countermeasures to Indian programs and facili- ties.

Sec.

2409.

Grants for State strategic stockpiles.

Sec.

2410.

Study on incentives for domestic production of generic medicines.

Sec.

2411.

Increased manufacturing capacity for certain critical antibiotic drugs.
Subtitle E—Enhancing Development and Combating Shortages of Medical Products CHAPTER 1—DEVELOPMENT AND REVIEW Sec.

2501.

Accelerating countermeasure development and review.

Sec.

2502.

Third party test evaluation during emergencies.

Sec.

2503.

Platform technologies.

Sec.

2504.

Increasing EUA decision transparency.

Sec.

2505.

Improving FDA guidance and communication.

CHAPTER 2—MITIGATING SHORTAGES Sec.

2511.

Ensuring registration of foreign drug and device manufacturers.

Sec.

2512.
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.
Sec.

3103.

Reauthorization of the humanitarian device exemption incentive.

Sec.

3104.

Reauthorization of the pediatric device consortia program.

Sec.

3105.

Reauthorization of provision pertaining to drugs containing single enantiomers.

Sec.

3106.

Reauthorization of certain device inspections.

Sec.

3107.

Reauthorization of orphan drug grants.

Sec.

3108.

Reauthorization of reporting requirements related to pending ge- neric drug applications and priority review applications.

Sec.

3109.
Sec.

3109.

Reauthorization of third-party review program.

Subtitle B—Drugs and Biologics CHAPTER 1—RESEARCH, DEVELOPMENT, AND COMPETITION IMPROVEMENTS Sec.

3201.

Prompt reports of marketing status by holders of approved applica- tions 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 Phar- maceutical Manufacturing.

Sec.

3205.
Sec.

3205.

Public workshop on cell therapies.

Sec.

3206.

Clarifications to exclusivity provisions for first interchangeable bio- similar biological products.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2998 Sec.

3207.

GAO report on nonprofit pharmaceutical organizations.

Sec.

3208.

Rare disease endpoint advancement pilot program.

Sec.

3209.

Animal testing alternatives.

Sec.

3210.

Modernizing accelerated approval.

Sec.

3211.


Antifungal research and development.

Sec.

3212.

Advancing qualified infectious disease product innovation.

Sec.

3213.

Advanced manufacturing technologies designation program.

CHAPTER 2—TRANSPARENCY, PROGRAM INTEGRITY, AND REGULATORY IMPROVEMENTS Sec.

3221.

Safer disposal of opioids.

Sec.

3222.

Therapeutic equivalence evaluations.

Sec.

3223.

Public docket on proposed changes to third-party vendors.

Sec.

3224.
Sec.

3224.

Enhancing access to affordable medicines.

Subtitle C—Medical Devices Sec.

3301.

Dual submission for certain devices.

Sec.

3302.

Medical Devices Advisory Committee meetings.

Sec.

3303.

GAO report on third-party review.

Sec.

3304.

Certificates to foreign governments.

Sec.

3305.

Ensuring cybersecurity of medical devices.

Sec.

3306.

Bans of devices for one or more intended uses.

Sec.

3307.

Third party data transparency.

Sec.

3308.


Predetermined change control plans for devices.

Sec.

3309.

Small business fee waiver.

Subtitle D—Infant Formula Sec.

3401.

Protecting infants and improving formula supply.

Subtitle E—Cosmetics Sec.

3501.

Short title.

Sec.

3502.

Amendments to cosmetic requirements.

Sec.

3503.

Enforcement and conforming amendments.

Sec.

3504.

Records inspection.

Sec.

3505.

Talc-containing cosmetics.

Sec.

3506.

PFAS in cosmetics.

Sec.

3507.


Sense of the Congress on animal testing.

Sec.

3508.

Funding.

Subtitle F—Cross-Cutting Provisions CHAPTER 1—CLINICAL TRIAL DIVERSITY AND MODERNIZATION Sec.

3601.

Diversity action plans for clinical studies.

Sec.

3602.

Guidance on diversity action plans for clinical studies.

Sec.

3603.

Public workshops to enhance clinical study diversity.

Sec.

3604.

Annual summary report on progress to increase diversity in clinical studies.

Sec.

3605.
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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

2999 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.

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 sci- entific, technical, and professional personnel.

Sec.

3625.

Facilities management.

Sec.

3626.

User fee program transparency and accountability.

Sec.

3627.

Improving information technology systems of the Food and Drug Administration.

Sec.

3628.

Reporting on mailroom and Office of the Executive Secretariat of the Food and Drug Administration.

Sec.

3629.
Sec.

3629.

Facilitating the use of real world evidence.

Sec.

3630.

Facilitating exchange of product information prior to approval.

Sec.

3631.

Streamlining blood donor input.

TITLE IV—MEDICARE PROVISIONS Subtitle A—Medicare Extenders Sec.

4101.

Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals.

Sec.

4102.

Extension of the Medicare-Dependent Hospital program.

Sec.

4103.

Extension of add-on payments for ambulance services.
Subtitle B—Other Expiring Medicare Provisions Sec.

4111.

Extending incentive payments for participation in eligible alternative payment models.

Sec.

4112.

Extension of support for physicians and other professionals in ad- justing 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 pro- gram.

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 psy- chiatric hospitals and psychiatric units.

Sec.

4126.
Sec.

4126.

Exception for physician wellness programs.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3000 Sec.

4127.

Consideration of safe harbor under the anti-kickback statute for cer- tain contingency management interventions.

Sec.

4128.

Provider outreach and reporting on certain behavioral health inte- gration services.

Sec.

4129.

Outreach and reporting on opioid use disorder treatment services furnished by opioid treatment programs.

Sec.

4130.
Sec.

4130.

GAO study and report comparing coverage of mental health and substance use disorder benefits and non-mental health and sub- stance use disorder benefits.

Subtitle D—Other Medicare Provisions Sec.

4131.

Temporary inclusion of authorized oral antiviral drugs as covered part D drug.

Sec.

4132.

Restoration of CBO access to certain part D payment data.

Sec.

4133.

Medicare coverage of certain lymphedema compression treatment items.

Sec.

4134.

Permanent in-home benefit for IVIG services.


Sec.

4135.

Access to non-opioid treatments for pain relief.

Sec.

4136.

Technical amendments to Medicare separate payment for disposable negative pressure wound therapy devices.

Sec.

4137.

Extension of certain home health rural add-on payments.

Sec.

4138.

Remedying election revocations relating to administration of COVID–19 vaccines.

Sec.

4139.

Payment rates for durable medical equipment under the Medicare Program.

Sec.

4140.
Sec.

4140.

Extending Acute Hospital Care at Home waivers and flexibilities.

Sec.

4141.

Extension of pass-through status under the Medicare program for certain devices impacted by COVID–19.

Sec.

4142.

Increasing transparency for home health payments under the Medi- care program.

Sec.

4143.

Waiver of cap on annual payments for nursing and allied health education payments.

Subtitle E—Health Care Tax Provisions Sec.

4151.

Extension of safe harbor for absence of deductible for telehealth.
Subtitle F—Offsets Sec.

4161.

Reduction of Medicare Improvement Fund.

Sec.

4162.

Extension of adjustment to calculation of hospice cap amount under Medicare.

Sec.

4163.

Medicare direct spending reductions.

TITLE V—MEDICAID AND CHIP PROVISIONS Subtitle A—Territories Sec.

5101.

Medicaid adjustments for the territories.

Subtitle B—Medicaid and CHIP Coverage Sec.

5111.

Funding extension of the Children’s Health Insurance Program and related provisions.

Sec.

5112.
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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3001 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 Medicaid and CHIP.
Subtitle D—Transitioning From Medicaid FMAP Increase Requirements Sec.

5131.

Transitioning from Medicaid FMAP increase requirements.

Subtitle E—Medicaid Improvement Fund Sec.

5141.

Medicaid improvement fund.

TITLE VI—HUMAN SERVICES Sec.

6101.

Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022.

Sec.

6102.

Extension of Temporary Assistance for Needy Families Program.

Sec.

6103.

1-year extension of child and family services programs.
TITLE I—RESTORING HOPE FOR MENTAL HEALTH AND WELL- BEING SEC.

1001.

SHORT TITLE.

This title may be cited as the ‘‘Restoring Hope for Mental Health and Well-Being Act of 2022’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3002 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 Serv- ices Administration, and external stakeholders.
‘‘(b) DUTY.—The office established under subsection 22 (a) shall— 23 24 ‘‘(1) convene Federal, State, Tribal, local, and private partners; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3003 ‘‘(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 dis- parities, data collection, technology, program over- sight, public awareness, and engagement; and ‘‘(3) support technical assistance, data analysis, and evaluation functions in order to assist States, lo- calities, Territories, Indian Tribes, and Tribal orga- nizations in developing crisis care systems and iden- tifying best practices with the objective of expanding the capacity of, and access to, local crisis call cen- ters, mobile crisis care, crisis stabilization, psy- chiatric emergency services, and rapid post-crisis fol- low-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); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3004 ‘‘(D) certified community behavioral health clinics, as described in section 223 of the Pro- tecting Access to Medicare Act of 2014; and ‘‘(E) other community mental health and substance use disorder providers.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.’’.

SEC.

1102.

CRISIS RESPONSE CONTINUUM OF CARE.
(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall facilitate the identification and publication of best practices for a crisis response continuum of care related to mental health and substance use disorders for use by health care providers, crisis services administrators, and crisis services providers in responding to individuals (in- cluding children and adolescents) experiencing mental health crises, substance-related crises, and crises arising from co-occurring disorders.
(b) BEST PRACTICES.— (1) IN GENERAL.—The best practices published under subsection (a) shall, as appropriate, address best practices related to crisis response services for the range of entities that furnish such services, tak- ing into consideration such services that— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3005 (A) do not require prior authorization from an insurance provider or group health plan nor a referral from a health care provider prior to the delivery of services; (B) provide for serving all individuals re- gardless 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, in- cluding for— (i) individuals screened over the phone, text, and chat; and (ii) individuals stabilized on the scene by mobile teams.
(2) IDENTIFICATION OF FUNCTIONS.—The best practices published under subsection (a) shall con- sider the functions of the range of services in the crisis response continuum, including the following: (A) Identification of resources for referral and enrollment in continuing mental health, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3006 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 con- tinuum.
(C) Identification, as appropriate and con- sistent with State laws, of any protocols and agreements for the transfer and receipt of indi- viduals 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 en- forcement, paramedics, and firefighters), edu- cation institutions, and community-based orga- nizations.
(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 meet- ings of relevant crisis response system partners, such as crisis response service providers, first responders (including law enforcement, para- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3007 medics, 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 the discussion of case management, best prac- tices, and general performance improvement.
(3) SERVICE CAPACITY AND QUALITY BEST PRACTICES.—The best practices under subsection (a) may include recommendations on— (A) the volume of services to meet popu- lation need; (B) appropriate timely response; and (C) capacity to meet the needs of different patient populations that may experience a men- tal health or substance use crisis, including chil- dren, 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 individ- uals with chronic illness.
(4) IMPLEMENTATION TIMEFRAME.—The Sec- retary shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3008 (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 identifica- tion 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 Comp- troller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on En- ergy and Commerce of the House of Representa- tives, an assessment of relevant programs related to mental health and substance use disorder crises au- thorized 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 Sec- retary.

Such evaluation may, as appropriate, include data on— (A) the type and variety of services pro- vided when responding to mental health and substance use-related crises; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3009 (B) the impact on emergency department facility use and length of stay, including for pa- tients who require further psychiatric care; (C) the impact on access to crisis care cen- ters and crisis bed services; (D) the impact on linkage to appropriate post-crisis care; and (E) the use of best practices and rec- ommendations 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’’ be- fore ‘‘coordinating’’; and (ii) by striking ‘‘crisis intervention services’’ and inserting ‘‘mental health cri- sis intervention services, including appro- priate follow-up services,’’; (B) in paragraph (2), by striking ‘‘and’’ at the end; (C) in paragraph (3), by striking the pe- riod at the end and inserting a semicolon; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3010 (D) by adding at the end the following: ‘‘(4) improving awareness of the program for suicide prevention and mental health crisis interven- tion services, including by conducting an awareness initiative and ongoing outreach to the public; and ‘‘(5) improving the collection and analysis of demographic information, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws, in order to understand dis- parities 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 sub- section (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 main- taining the suicide prevention hotline under sub- section (b)(2), the Secretary shall develop and imple- ment a plan to ensure the provision of high-quality services.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3011 ‘‘(2) CONTENTS.—The plan required by para- graph (1) shall include the following: ‘‘(A) Program evaluation, including per- formance measures to assess progress toward the goals and objectives of the program and to improve the responsiveness and performance of the hotline, including at all backup call centers.
‘‘(B) Requirements that crisis centers and backup centers must meet— ‘‘(i) to participate in the network under subsection (b)(1); and ‘‘(ii) to ensure that each telephone call and applicable other communication re- ceived by the hotline, including at backup call centers, is answered in a timely man- ner, consistent with evidence-based guid- ance or other guidance or best practices, as appropriate.
‘‘(C) Specific recommendations and strate- gies for implementing evidence-based practices, including with respect to followup and commu- nicating the availability of resources in the com- munity for individuals in need.

‘‘(D) Criteria for carrying out periodic testing of the hotline during each fiscal year, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3012 including at crisis centers and backup centers, to identify and address any problems in a time- ly manner.

‘‘(3) CONSULTATION.—In developing require- ments under paragraph (2)(B), the Secretary shall consult with State departments of health, local gov- ernments, 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 avail- able.’’.

(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 pro- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3013 gram and the Centers for Disease Control and Prevention with respect to the secure sharing of de-identified epide- miological data.

Such agreements shall include appro- priate privacy and security protections that meet the re- quirements 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 applica- ble 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 re- designated by paragraph (2), is amended to read as follows: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appro- priated $101,621,000 for each of fiscal years 2023 through 2027.’’.
22 (b) PILOT PROGRAM ON INNOVATIVE TECH- 23 NOLOGIES.— 24 25 (1) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Sec- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3014 retary for Mental Health and Substance Use, shall, as appropriate, carry out a pilot program to re- search, analyze, and employ various technologies and platforms of communication (including social media platforms, texting platforms, and email platforms) for suicide prevention in addition to the telephone and online chat service provided by the Suicide Pre- vention Lifeline.
(2) REPORT.—Not later than 24 months after the date on which the pilot program under para- graph (1) commences, the Secretary of Health and Human Services, acting through the Assistant Sec- retary for Mental Health and Substance Use, shall submit to the Congress a report on the pilot pro- gram.
With respect to each platform of communica- tion employed pursuant to the pilot program, the re- port 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 indi- vidual to receive a response; (D) the cost of the program, including the cost per individual served; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3015 (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 sub- section (a)(2)(B), the Secretary shall— (1) complete a study on— (A) the implementation of such plan, in- cluding the progress towards meeting the goals and objectives identified pursuant to paragraph (2)(A) of such section 520E–3(c); and (B) in consultation with the Director of the Centers for Disease Control and Prevention, options to improve data regarding usage of the Suicide Prevention Lifeline, such as repeat calls, consistent with applicable Federal and State privacy laws; and (2) submit a report to Congress on the progress made on meeting the goals and objectives identified pursuant to paragraph (2)(A) of such section 520E– 3(c) and recommendations on improving the pro- gram, including improvements to enhance data col- lection and usage.
(d) GAO STUDY AND REPORT.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3016 (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 Gen- eral of the United States shall— (A) complete a study on the Suicide Pre- vention Lifeline; and (B) submit a report to the Congress on the results of such study.
(2) CONTENT.—The study required by para- graph (1) shall include what is known about— (A) the feasibility of routing calls to the Suicide Prevention Lifeline to the nearest crisis center based on the physical location of the con- tact; (B) capacity of the Suicide Prevention Lifeline; (C) State and regional variation with re- spect to access to crisis centers described in sec- tion 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3017 (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 ob- jectives in such plan; and (E) the capacity of the Suicide Prevention Lifeline to handle calls from individuals with limited English proficiency.
(3) RECOMMENDATIONS.—The report required by paragraph (1) shall include recommendations for improving the Suicide Prevention Lifeline, including recommendations for administrative actions.

(e) DEFINITION.—In this section, the term ‘‘Suicide Prevention Lifeline’’ means the suicide prevention hotline maintained pursuant to section 520E–3 of the Public Health Service Act (42 U.S.C.

290bb–36c).

CHAPTER 2—INTO THE LIGHT FOR MA- TERNAL MENTAL HEALTH AND SUB- STANCE USE DISORDERS SEC.

1111.
1111.

SCREENING AND TREATMENT FOR MATERNAL MENTAL HEALTH AND SUBSTANCE USE DIS- ORDERS.

(a) IN GENERAL.—Section 317L–1 of the Public Health Service Act (42 U.S.C.

247b–13a) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3018 (1) in the section heading, by striking ‘‘MA- TERNAL DEPRESSION’’ and inserting ‘‘MATER- NAL MENTAL HEALTH AND SUBSTANCE USE DISORDERS’’; and (2) in subsection (a)— (A) by inserting ‘‘, Indian Tribes and Trib- al organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act)’’ after ‘‘States’’; and (B) by striking ‘‘for women who are preg- nant, or who have given birth within the pre- ceding 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 substance use disorders’’.
(b) APPLICATION.—Subsection (b) of section 317L– 1 of the Public Health Service Act (42 U.S.C.

247b–13a) is amended— (1) by striking ‘‘a State shall submit’’ and in- serting ‘‘an entity listed in subsection (a) shall sub- mit’’; and (2) in paragraphs (1) and (2), by striking ‘‘ma- ternal depression’’ each place it appears and insert- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3019 ing ‘‘maternal mental health and substance use dis- orders’’.

(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 pro- posing 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 en- hance screening, prevention, and treatment’’; (2) by striking ‘‘maternal depression’’ and in- serting ‘‘maternal mental health and substance use disorders’’; (3) by striking the period at the end of para- graph (1), as so designated, and inserting a semi- colon; and (4) by inserting after such paragraph (1) the following: ‘‘(2) are currently partnered with, or will part- ner with, one or more community-based organiza- tions to address maternal mental health and sub- stance use disorders; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3020 ‘‘(3) are located in, or provide services under this section in, an area with disproportionately high rates of maternal mental health or substance use disorders or other related disparities; and ‘‘(4) operate in a health professional shortage area designated under section 332, including mater- nity 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 dis- order 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 com- munity-based resources; and’’ and inserting ‘‘on maternal mental health and substance use dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3021 order screening, brief intervention, treatment (as applicable for health care providers) and re- ferrals for treatment, follow-up support serv- ices, and linkages to community-based resources to health care providers in the primary care set- ting and, as applicable, relevant health para- professionals; and’’; and (C) by adding at the end the following: ‘‘(C) to the extent practicable and appro- priate, enabling health care providers (such as obstetrician-gynecologists, nurse practitioners, nurse midwives, pediatricians, psychiatrists, mental and other behavioral health care pro- viders, and adult primary care clinicians) to provide or receive real-time psychiatric con- sultation (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 treat- ment of pregnant and postpartum women; and’’; and (2) in paragraph (2)— (A) by striking subparagraph (A); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3022 (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respec- tively; (C) in subparagraph (A), as so redesig- nated, by striking ‘‘and’’ at the end; (D) in subparagraph (B), as so redesig- nated— (i) by inserting ‘‘, including’’ before ‘‘for rural areas’’; and (ii) by striking the period at the end and inserting a semicolon; and (E) by inserting after subparagraph (B), as so redesignated, the following: ‘‘(C) providing assistance to pregnant and postpartum women to receive maternal mental health and substance use disorder treatment, including patient consultation, care coordina- tion, and navigation for such treatment; ‘‘(D) coordinating, as appropriate, with maternal and child health programs of State, local, and Tribal governments, including child psychiatric access programs; ‘‘(E) conducting public outreach and awareness regarding grants under subsection (a); December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3023 ‘‘(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 para- professionals on trauma-informed care, cul- turally and linguistically appropriate services, and best practices related to training to im- prove 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 sub- section (h); and (2) by inserting after subsection (d) the fol- lowing: ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to grantees and entities listed in subsection (a) for carrying out activities pursuant to 23 this section.
24 25 ‘‘(f) DISSEMINATION OF BEST PRACTICES.—The Secretary, based on evaluation of the activities funded December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3024 pursuant to this section, shall identify and disseminate evidence-based or evidence-informed practices for screen- ing, assessment, treatment, and referral to treatment serv- ices for maternal mental health and substance use dis- orders, including culturally and linguistically appropriate services, for women during pregnancy and 12 months fol- lowing 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.—Sub- section (h) of section 317L–1 (42 U.S.C.
247b–13a) of the Public Health Service Act, as redesignated by sub- 15 section (e), is amended— (1) by striking ‘‘$5,000,000’’ and inserting ‘‘$24,000,000’’; and (2) by striking ‘‘2018 through 2022’’ and in- serting ‘‘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.)
280g et seq.)

is amended by adding at the end 23 the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3025 ‘‘SEC.

399V–7.

MATERNAL MENTAL HEALTH HOTLINE.


‘‘(a) IN GENERAL.—The Secretary shall maintain, by grant or contract, a national maternal mental health hot- line to provide emotional support, information, brief inter- vention, and mental health and substance use disorder re- sources to pregnant and postpartum women at risk of, or affected by, maternal mental health and substance use dis- orders, and to their families or household members.
‘‘(b) REQUIREMENTS FOR HOTLINE.—The hotline 10 under subsection (a) shall— ‘‘(1) be a 24/7 real-time hotline; ‘‘(2) provide voice and text support; ‘‘(3) be staffed by certified peer specialists, li- censed health care professionals, or licensed mental health professionals who are trained on— ‘‘(A) maternal mental health and sub- stance use disorder prevention, identification, and intervention; and ‘‘(B) providing culturally and linguistically appropriate support; and ‘‘(4) provide maternal mental health and sub- stance use disorder assistance and referral services to meet the needs of underserved populations, indi- viduals with disabilities, and family and household members of pregnant or postpartum women at risk December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3026 of experiencing maternal mental health and sub- stance use disorders.
‘‘(c) ADDITIONAL REQUIREMENTS.—In maintaining the hotline under subsection (a), the Secretary shall— ‘‘(1) consult with the Domestic Violence Hot- line, National Suicide Prevention Lifeline, and Vet- erans Crisis Line to ensure that pregnant and postpartum women are connected in real-time to the appropriate specialized hotline service, when applica- ble; ‘‘(2) conduct a public awareness campaign for the hotline; ‘‘(3) consult with Federal departments and agencies, including the Substance Abuse and Mental Health Services Administration and the Department of Veterans Affairs, to increase awareness regarding the hotline; and ‘‘(4) consult with appropriate State, local, and Tribal public health officials, including officials who administer programs that serve low-income pregnant and postpartum individuals.
‘‘(d) ANNUAL REPORT.—The Secretary shall submit an annual report to the Congress on the hotline under sub- section (a) and implementation of this section, including— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3027 ‘‘(1) an evaluation of the effectiveness of activi- ties 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 Sec- retary determines appropriate.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appro- priated $10,000,000 for each of fiscal years 2023 through 11 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, evalu- ating, and making recommendations to coordinate and im- prove 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 sec- tion 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3028 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 para- graph (3).
(2) FEDERAL MEMBERS.—The Federal mem- bers of the Task Force shall consist of the following heads of Federal departments and agencies (or their designees): (A) The Assistant Secretary for Health of the Department of Health and Human Services and the Assistant Secretary for Mental Health and Substance Use, who shall serve as co- chairs.

(B) The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services.
(C) The Assistant Secretary of the Admin- istration for Children and Families.

(D) The Director of the Centers for Dis- ease Control and Prevention.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3029 (E) The Administrator of the Centers for Medicare & Medicaid Services.

(F) The Administrator of the Health Re- sources and Services Administration.

(G) The Director of the Indian Health Service.


(H) Such other Federal departments and agencies as the Secretary determines appro- priate that serve individuals with maternal men- tal health conditions.
(3) NON-FEDERAL MEMBERS.—The non-Fed- eral 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 soci- eties, and relevant health paraprofessional societies with expertise in maternal or mental health; (ii) representatives of nonprofit orga- nizations with expertise in maternal or mental health; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3030 (iii) relevant industry representatives; and (iv) other representatives, as appro- priate.
(4) DEADLINE FOR DESIGNATING DES- IGNEES.—If the Assistant Secretary for Health, the Assistant Secretary for Mental Health and Sub- stance Use, or the head of a Federal department or agency serving as a member of the Task Force under paragraph (2), chooses to be represented on the Task Force by a designee, the Assistant Sec- retary for Health, the Assistant Secretary for Men- tal 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3031 (A) a set of evidence-based, evidence-in- formed, and promising practices with respect to— (i) prevention strategies for maternal mental health conditions, including strate- gies and recommendations to reduce racial, ethnic, geographic, and other health dis- parities; (ii) the identification, screening, diag- nosis, intervention, and treatment of ma- ternal mental health conditions and af- fected families; (iii) the timely referral to supports, and implementation of practices, that pre- vent and mitigate the effects of a maternal mental health condition, including strate- gies and recommendations to eliminate ra- cial and ethnic disparities that exist in ma- ternal mental health; and (iv) community-based or multigenerational practices that provide support related to maternal mental health conditions, including support for affected families; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3032 (B) Federal and State programs and ac- tivities that support prevention, screening, diag- nosis, intervention, and treatment of maternal mental health conditions; (2) develop and regularly update a national strategy for maternal mental health, taking into con- sideration the findings of the report under para- graph (1), on how the Task Force and Federal de- partments and agencies represented on the Task Force may prioritize options for, and may improve coordination with respect to, addressing maternal mental health conditions, including by— (A) increasing prevention, screening, diag- nosis, intervention, treatment, and access to maternal mental health care, including clinical and nonclinical care such as peer-support and community health workers, through the public and private sectors; (B) providing support relating to the pre- vention, screening, diagnosis, intervention, and treatment of maternal mental health conditions, including families, as appropriate; (C) reducing racial, ethnic, geographic, and other health disparities related to prevention, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3033 diagnosis, intervention, treatment, and access to maternal mental health care; (D) identifying opportunities to modify, strengthen, and better coordinate existing Fed- eral infant and maternal health programs in order to improve screening, diagnosis, research, prevention, identification, intervention, and treatment with respect to maternal mental health; and (E) improving planning, coordination, and collaboration across Federal departments, agen- cies, offices, and programs; (3) solicit public comments, as appropriate, from stakeholders for the report under paragraph (1) and the national strategy under paragraph (2) in order to inform the activities and reports of the Task Force; and (4) consider the latest research related to ma- ternal mental health in developing the strategy, in- cluding, as applicable and appropriate, data and in- formation 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3034 (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 agen- cies, the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Edu- cation, Labor, and Pensions of the Senate, and other rel- evant 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 meet- ing of the Task Force, an initial national strategy under subsection (c)(2).

(3) Each year thereafter— (A) an updated report under subsection (c)(1); (B) an updated national strategy under subsection (c)(2); or (C) if no update is made under subsection (c)(1) or (c)(2), a report summarizing the ac- tivities of the Task Force.
(f) REPORTS TO GOVERNORS.—Upon finalizing the initial national strategy under subsection (c)(2), and upon December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3035 making relevant updates to such strategy, the Task Force shall submit a report to the Governors of all States de- scribing any opportunities for local- and State-level part- nerships identified under subsection (c)(2).
(g) SUNSET.—The Task Force shall terminate on September 30, 2027.

(h) NONDUPLICATION OF FEDERAL EFFORTS.—The Secretary may relieve the Task Force, in carrying out sub- sections (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 Depart- ment of Health and Human Services.

SEC.

1114.

RESIDENTIAL TREATMENT PROGRAM FOR PREG- NANT AND POSTPARTUM WOMEN PILOT PRO- GRAM REAUTHORIZATION.
Section 508(r) of the Public Health Service Act (42 U.S.C.
290bb–1(r)) is amended— (1) by striking paragraph (4); (2) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (3) in paragraph (4)(B), as so redesignated— (A) in the matter preceding clause (i), by striking ‘‘The Director’’ and inserting ‘‘Not later than September 30, 2026, the Director’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3036 (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 MEN- TAL HEALTH OUTCOMES FOR PA- TIENTS SEC.

1121.

INNOVATION FOR MENTAL HEALTH.

(a) NATIONAL MENTAL HEALTH AND SUBSTANCE USE POLICY LABORATORY.—Section 501A of the Public Health Service Act (42 U.S.C.
290aa–0) is amended— (1) in subsection (e)(1), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organizations’’; (2) by striking subsection (e)(3); and (3) by adding at the end the following: ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appro- priated $10,000,000 for each of fiscal years 2023 through 2027.’’.
23 24 25 (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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3037 of the National Mental Health and Substance Use Policy Laboratory established under section 501A of the Public Health Service Act (42 U.S.C.
290aa–0), including— (1) the extent to which such Laboratory is meeting its responsibilities as set forth in such sec- tion 501A; and (2) any recommendations for improvement, in- cluding methods to expand the use of evidence-based practices across programs, recommendations to im- prove program evaluations for effectiveness, and dis- semination of resources to stakeholders and the pub- lic.
(c) INTERDEPARTMENTAL SERIOUS MENTAL ILL- NESS COORDINATING COMMITTEE.— (1) IN GENERAL.—Part A of title V of the Pub- lic Health Service Act (42 U.S.C.

290aa et seq.

), as amended by section 1101, is further amended by in- serting after section 501B, as added by such section 1101, the following: ‘‘SEC.

501C.

INTERDEPARTMENTAL SERIOUS MENTAL ILL- NESS COORDINATING COMMITTEE.
‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary, or the des- ignee of the Secretary, shall establish a committee to be known as the Interdepartmental Serious Mental December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3038 Illness Coordinating Committee (in this section re- ferred to as the ‘Committee’).
‘‘(2) FEDERAL ADVISORY COMMITTEE ACT.— Except as provided in this section, the provisions of the Federal Advisory Committee Act (5 U.S.C.

App.)

shall apply to the Committee.

‘‘(b) MEETINGS.—The Committee shall meet not fewer than 2 times each year.
‘‘(c) RESPONSIBILITIES.—Not later than each of 1 year and 5 years after the date of enactment of this sec- tion, the Committee shall submit to Congress and any other relevant Federal department or agency a report in- cluding— ‘‘(1) a summary of advances in serious mental illness and serious emotional disturbance research related to the prevention of, diagnosis of, interven- tion in, and treatment and recovery of serious men- tal illnesses, serious emotional disturbances, and ad- vances in access to services and support for adults with a serious mental illness or children with a seri- ous emotional disturbance; ‘‘(2) an evaluation of the effect Federal pro- grams related to serious mental illness have on pub- lic health, including outcomes such as— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3039 ‘‘(A) rates of suicide, suicide attempts, in- cidence and prevalence of serious mental ill- nesses, serious emotional disturbances, and sub- stance use disorders, overdose, overdose deaths, emergency hospitalizations, emergency depart- ment boarding, preventable emergency depart- ment visits, interaction with the criminal justice system, homelessness, and unemployment; ‘‘(B) increased rates of employment and enrollment in educational and vocational pro- grams; ‘‘(C) quality of mental and substance use disorders treatment services; or ‘‘(D) any other criteria as may be deter- mined by the Secretary; and ‘‘(3) specific recommendations for actions that agencies can take to better coordinate the adminis- tration of mental health services for adults with a serious mental illness or children with a serious emo- tional disturbance.
‘‘(d) MEMBERSHIP.— ‘‘(1) FEDERAL MEMBERS.—The Committee shall be composed of the following Federal rep- resentatives, or the designees of such representa- tives— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3040 ‘‘(A) the Secretary of Health and Human Services, who shall serve as the Chair of the Committee; ‘‘(B) the Assistant Secretary for Mental Health and Substance Use; ‘‘(C) the Attorney General; ‘‘(D) the Secretary of Veterans Affairs; ‘‘(E) the Secretary of Defense; ‘‘(F) the Secretary of Housing and Urban Development; ‘‘(G) the Secretary of Education; ‘‘(H) the Secretary of Labor; ‘‘(I) the Administrator of the Centers for Medicare & Medicaid Services; ‘‘(J) the Administrator of the Administra- tion for Community Living; and ‘‘(K) the Commissioner of Social Security.
‘‘(2) NON-FEDERAL MEMBERS.—The Com- mittee shall also include not less than 14 non-Fed- eral public members appointed by the Secretary of Health and Human Services, of which— ‘‘(A) at least 2 members shall be an indi- vidual who has received treatment for a diag- nosis of a serious mental illness; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3041 ‘‘(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 rep- resentative 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 expe- rience in treating serious mental illnesses; ‘‘(ii) a licensed psychologist with expe- rience in treating serious mental illnesses or serious emotional disturbances; ‘‘(iii) a licensed clinical social worker with experience treating serious mental ill- nesses or serious emotional disturbances; or ‘‘(iv) a licensed psychiatric nurse, nurse practitioner, or physician assistant with experience in treating serious mental illnesses or serious emotional disturbances; ‘‘(E) at least 1 member shall be a licensed mental health professional with a specialty in December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3042 treating children and adolescents with a serious emotional disturbance; ‘‘(F) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with mi- norities; ‘‘(G) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with medi- cally 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 en- forcement officer or corrections officer with ex- tensive experience in interfacing with adults with a serious mental illness, children with a se- rious emotional disturbance, or individuals in a mental health crisis; and ‘‘(K) at least 1 member shall have experi- ence providing services for homeless individuals and working with adults with a serious mental illness, children with a serious emotional dis- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3043 turbance, or individuals in a mental health cri- sis.

‘‘(3) TERMS.—A member of the Committee ap- pointed 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 ap- pointed 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 func- tions, the Committee may establish working groups.

Such working groups shall be composed of Committee members, or their designees, and may hold such meetings as are nec- essary.

16 ‘‘(f) SUNSET.—The Committee shall terminate on 17 September 30, 2027.’’.

18 (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 in- serting ‘‘section 501C’’.

(B) The Helping Families in Mental Health Crisis Reform Act of 2016 (Division B of Public Law 114–255) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3044 (i) by repealing section 6031; and (ii) by conforming the item relating to such section in the table of contents in sec- tion 1(b) of Public Law 114–255.
(d) PRIORITY MENTAL HEALTH NEEDS OF RE- GIONAL AND NATIONAL SIGNIFICANCE.—Section 520A of the Public Health Service Act (42 U.S.C.

290bb–32) is amended— (1) in subsection (a), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organizations’’; and (2) in subsection (f), by striking ‘‘$394,550,000 for each of fiscal years 2018 through 2022’’ and in- serting ‘‘$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 PARTNER- SHIP PILOT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall establish a pilot program under which the Secretary will award com- petitive grants to States, localities, territories, Indian Tribes, and Tribal organizations to establish new, or en- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3045 hance existing, mobile crisis response teams that divert the response for mental health and substance use disorder cri- ses from law enforcement to mobile crisis teams, as de- scribed in subsection (b).
‘‘(b) MOBILE CRISIS TEAMS DESCRIBED.—A mobile crisis team, for purposes of this section, is a team of indi- viduals— ‘‘(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 high- er level of care if medically necessary; ‘‘(2) which may include licensed counselors, clinical social workers, physicians, paramedics, crisis workers, peer support specialists, or other qualified individuals; and ‘‘(3) which may provide support to divert men- tal 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 sec- tion, the Secretary shall prioritize applications which ac- count for the specific needs of the communities to be served, including children and families, veterans, rural and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3046 underserved populations, and other groups at increased risk of death from suicide or overdose.
‘‘(d) REPORT.— ‘‘(1) INITIAL REPORT.—Not later than Sep- tember 30, 2024, the Secretary shall submit to Con- gress 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 pro- viders, primary care physicians, mental health and substance use disorder crisis teams, paramedics, law enforcement officers, and other first responders.
‘‘(2) PROGRESS REPORTS.—Not later than one year after the date on which the first grant is awarded to carry out this section, and for each year thereafter, the Secretary shall submit to Congress a report on the grants made during the year covered by the report, which shall include— ‘‘(A) impact data on the teams and people served by such programs, including demo- graphic information of individuals served, vol- ume, and types of service utilization; ‘‘(B) outcomes of the number of linkages made to community-based resources or short- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3047 term crisis receiving and stabilization facilities, as applicable, and diversion from law enforce- ment or hospital emergency department set- tings; ‘‘(C) data consistent with the State block grant requirements for continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; ‘‘(D) identification and, where appropriate, recommendations of best practices from States and localities providing mobile crisis response and stabilization services for youth and adults; and ‘‘(E) identification of any opportunities for improvements to the program established under this section.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027.’’.

(b) MENTAL HEALTH AWARENESS TRAINING GRANTS.— 22 23 24 (1) IN GENERAL.—Section 520J(b) of the Pub- lic Health Service Act (42 U.S.C.

290bb–41(b)) is amended— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3048 (A) in paragraph (1), by striking ‘‘Indian tribes, tribal organizations’’ and inserting ‘‘In- dian Tribes, Tribal organizations’’; (B) in paragraph (4), by striking ‘‘Indian tribe, tribal organization’’ and inserting ‘‘Indian Tribe, Tribal organization’’; (C) in paragraph (5)— (i) by striking ‘‘Indian tribe, tribal or- ganization’’ and inserting ‘‘Indian Tribe, Tribal organization’’; (ii) in subparagraph (A), by striking ‘‘and’’ at the end; (iii) in subparagraph (B)(ii), by strik- ing the period at the end and inserting ‘‘; and’’; and (iv) by adding at the end the fol- lowing: ‘‘(C) suicide intervention and prevention.’’; (D) in paragraph (6), by striking ‘‘Indian tribe, tribal organization’’ and inserting ‘‘Indian Tribe, Tribal organization’’; (E) by redesignating paragraph (7) as paragraph (8); (F) by inserting after paragraph (6) the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3049 ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary may provide technical assistance to grantees in car- rying out this section, which may include assistance with— ‘‘(A) program evaluation and related ac- tivities, including related data collection and re- porting; ‘‘(B) implementing and disseminating evi- dence-based practices and programs; and ‘‘(C) facilitating collaboration among grantees.’’; and (G) in paragraph (8), as so redesignated, by striking ‘‘$14,693,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$24,963,000 for each of fiscal years 2023 through 2027’’.
(2) TECHNICAL CORRECTIONS.—Section 520J(b) of the Public Health Service Act (42 U.S.C.

290bb–41(b)) is amended— (A) in the heading of paragraph (2), by striking ‘‘EMERGENCY SERVICES PERSONNEL’’ and inserting ‘‘EMERGENCY SERVICES PER- SONNEL’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3050 (B) in the heading of paragraph (3), by striking ‘‘DISTRIBUTION OF AWARDS’’ and in- serting ‘‘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 preven- tion resources and promoting help seeking among those at risk for suicide.’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3051 (2) in subsection (b)— (A) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; (B) in paragraph (2), by striking the pe- riod at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(3) identify best practices, as applicable, to improve the identification, assessment, treatment, and timely transition, as appropriate, to additional or follow-up care for individuals in emergency de- partments 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.— 22 23 24 (1) TECHNICAL AMENDMENT.—Section 520M(b) of the Public Health Service Act (42 U.S.C.

290bb–44(b)) is amended by striking ‘‘Indian December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3052 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 Com- merce of the House of Representatives’’.
(3) AUTHORIZATION OF APPROPRIATIONS.— Section 520M(e)(1) of the Public Health Service Act (42 U.S.C.

290bb–44(d)(1)) is amended by striking ‘‘$5,000,000 for the period of fiscal years 2018 through 2022’’ and inserting ‘‘$9,000,000 for each of fiscal years 2023 through 2027’’.

(b) ASSISTED OUTPATIENT TREATMENT.— (1) IN GENERAL.—Section 224 of the Pro- tecting 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’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3053 (B) in subsection (e), in the matter pre- ceding 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 congres- sional committees’’ and inserting ‘‘Com- mittee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives’’; (C) in subsection (e), by inserting after paragraph (4) the following: ‘‘(5) Demographic information regarding par- ticipation 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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3054 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this section $22,000,000 for each of fiscal years 2023 through 2027.’’.
(2) GAO REPORT.—Not later than 3 years after the date of enactment of this Act, the Comp- troller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on En- ergy and Commerce of the House of Representatives a report examining the efficacy of assisted out- patient treatment programs that received funding under section 224 of the Protecting Access to Medi- care Act of 2014 (Public Law 113– 93; 42 U.S.C.
290aa note) in improving health outcomes and treat- ment adherence, reducing rates of incarceration, and reducing rates of homelessness.
Such report shall in- clude— (A) a comparison of health outcomes, treatment compliance, program participant feedback, reduced rates of incarceration, and reduced rates of homelessness as compared to other evidence- and community-based out- patient treatment programs and services, in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3055 cluding information on geographic differences in program efficacy, as applicable; and (B) identification of best practices used, as applicable, in the implementation of assisted outpatient treatment programs to ensure pro- gram participants are receiving treatment in the least restrictive environment that is clini- cally appropriate consistent with Federal and State law, as applicable.

SEC.

1124.

STUDY ON THE COSTS OF SERIOUS MENTAL ILL- NESS.
(a) IN GENERAL.—The Secretary of Health and Human Services, in consultation with the Assistant Sec- retary for Mental Health and Substance Use, the Assist- ant Secretary for Planning and Evaluation, the Attorney General of the United States, the Secretary of Labor, and the Secretary of Housing and Urban Development, shall conduct a study on the direct and indirect costs of serious mental illness with respect to— (1) nongovernmental entities; and (2) the Federal Government and State, local, and Tribal governments.
(b) CONTENT.—The study under subsection (a) shall consider each of the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3056 (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 fa- cilities; (H) prescription drugs and digital thera- peutics; and (I) any other relevant health services.
(2) The costs of homelessness, including with respect to— (A) homeless shelters; (B) street outreach activities; (C) crisis response center visits; and (D) other supportive services.

(3) The costs of structured residential facilities and other supportive housing for residential and cus- todial care services.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3057 (4) The costs of law enforcement encounters and encounters with the criminal justice system, in- cluding 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 em- ployment.
(6) With respect to family members and care- givers, the costs of caring for an individual with a serious mental illness.

(7) Any other relevant costs for programs and services administered by the Federal Government or State, Tribal, or local governments.
(c) DATA DISAGGREGATION.—In conducting the study under subsection (a), the Secretary of Health and Human Services shall (to the extent feasible)— (1) disaggregate data by— (A) costs to nongovernmental entities, the Federal Government, and State, local, and Tribal governments; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3058 (B) types of serious mental illnesses and medical chronic diseases common in patients with a serious mental illness; and (C) demographic characteristics, including race, ethnicity, sex, age (including pediatric subgroups), and other characteristics deter- mined by the Secretary; and (2) include an estimate of— (A) the total number of individuals with a serious mental illness in the United States, in- cluding in traditional and nontraditional hous- ing; and (B) the percentage of such individuals in— (i) homeless shelters; (ii) penal facilities, including Federal prisons, State prisons, and county and mu- nicipal 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— 22 23 24 25 (1) submit to the Congress a report containing the results of the study conducted under this sec- tion; and (2) make such report publicly available.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3059 CHAPTER 4—ANNA WESTIN LEGACY SEC.

1131.


MAINTAINING EDUCATION AND TRAINING ON EATING DISORDERS.

Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C.

290bb–31 et seq.)

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

520N.

CENTER OF EXCELLENCE FOR EATING DIS- ORDERS 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 Dis- orders (referred to in this section as the ‘Center’) to im- prove the identification of, interventions for, and treat- ment of eating disorders in a manner that is develop- mentally, culturally, and linguistically appropriate.
‘‘(b) SUBGRANTS AND SUBCONTRACTS.—The Center shall coordinate and implement the activities under sub- section (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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3060 ‘‘(A) provide training and technical assist- ance, 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, eat- ing disorders; and ‘‘(ii) other paraprofessionals and rel- evant individuals providing nonclinical community services to identify and support individuals with, or at disproportionate risk for, eating disorders; ‘‘(B) facilitate the development of, and provide training materials to, health care pro- viders (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 appro- priate, with other centers of excellence, tech- nical assistance centers, and psychiatric con- sultation lines of the Substance Abuse and Mental Health Services Administration and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3061 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 train- ing to primary care and mental health care pro- viders; and ‘‘(E) support other activities, as deter- mined appropriate by the Secretary; and ‘‘(2) may— ‘‘(A) support the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experi- encing, or at risk for, eating disorders, with health information technology systems; ‘‘(B) develop and provide training mate- rials 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 dis- orders; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3062 ‘‘(C) consult, as appropriate, with the Sec- retary of Defense and the Secretary of Veterans Affairs on prevention, identification, interven- tion for, and treatment of eating disorders.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appro- priated $1,000,000 for each of fiscal years 2023 through 2027.’’.

CHAPTER 5—COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT RE- AUTHORIZATION SEC.

1141.
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’’.

19 20 21 (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 22 the following: 23 24 25 ‘‘(d) CRISIS CARE.— ‘‘(1) IN GENERAL.—Except as provided in para- graph (3), a State shall expend at least 5 percent of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3063 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 indi- viduals with serious mental illnesses and children with serious emotional disturbances, which may in- clude individuals (including children and adoles- cents) experiencing mental health crises dem- onstrating serious mental illness or serious emo- tional disturbance, as applicable.
‘‘(2) CORE ELEMENTS.—At the discretion of the single State agency responsible for the adminis- tration 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 ap- propriately licensed facility, as determined by such State, with referrals to inpatient or out- patient care.

‘‘(3) STATE FLEXIBILITY.—In lieu of expending 5 percent of the amount the State receives pursuant December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3064 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 Sep- tember 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 ac- tivities; (2) the population served, including information on demographics, including age; (3) the outcomes of such activities, including— (A) how such activities reduced hospitaliza- tions and hospital stays; (B) how such activities reduced incidents of suicidal ideation and behaviors; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3065 (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 Sec- retary 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 ac- cess to mental health peer-delivered services.
‘‘(b) USE OF FUNDS.—Grants awarded under sub- section (a) shall be used to develop, expand, and enhance national, statewide, or community-focused programs, in- cluding virtual peer-support services and technology-re- lated capabilities, including by— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3066 ‘‘(1) carrying out workforce development, re- cruitment, and retention activities, to train, recruit, and retain peer-support providers; ‘‘(2) building connections between mental health treatment programs, including between com- munity organizations and peer-support networks, in- cluding virtual peer-support networks, and with other mental health support services; ‘‘(3) reducing stigma associated with mental health disorders; ‘‘(4) expanding and improving virtual peer men- tal 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 nec- essary to efficiently run virtual peer-support serv- ices; and ‘‘(5) conducting research on issues relating to mental illness and the impact peer-support has on resiliency, including identifying— ‘‘(A) the signs of mental illness; ‘‘(B) the resources available to individuals with mental illness and to their families; and ‘‘(C) the resources available to help sup- port individuals living with mental illness.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3067 ‘‘(c) SPECIAL CONSIDERATION.—In carrying out this section, the Secretary shall give special consideration to the unique needs of rural areas.
‘‘(d) DEFINITION.—In this section, the term ‘eligible entity’ means— ‘‘(1) a consumer-run nonprofit organization that— ‘‘(A) is principally governed by people liv- ing with a mental health condition; and ‘‘(B) mobilizes resources within and out- side 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-oc- curring substance use disorder; or ‘‘(2) an Indian Tribe, Tribal organization, Urban Indian organization, or consortium of Tribes or Tribal organizations.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $13,000,000 for each of fiscal years 2023 through 2027.’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3068 Subtitle B—Substance Use Dis- order Prevention, Treatment, and Recovery Services CHAPTER 1—NATIVE BEHAVIORAL HEALTH RESOURCES SEC.

1201.
1201.

BEHAVIORAL HEALTH AND SUBSTANCE USE DIS- ORDER RESOURCES FOR NATIVE AMERI- CANS.

Section 506A of the Public Health Service Act (42 U.S.C.

290aa–5a) is amended to read as follows: ‘‘SEC.

506A.

BEHAVIORAL HEALTH AND SUBSTANCE USE DISORDER RESOURCES FOR NATIVE AMERI- CANS.
‘‘(a) DEFINITIONS.—In this section: ‘‘(1) The term ‘eligible entity’ means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization.
‘‘(2) The terms ‘Indian Tribe’, ‘Tribal health program’, ‘Tribal organization’, and ‘Urban Indian organization’ have the meanings given to the terms ‘Indian tribe’, ‘Tribal health program’, ‘tribal orga- nization’, and ‘Urban Indian organization’ in section 4 of the Indian Health Care Improvement Act.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3069 ‘‘(3) The term ‘health program administered di- rectly by the Indian Health Service’ means a ‘health program administered by the Service’ as such term is used in section 4(12)(A) of the Indian Health Care Improvement Act.

‘‘(4) The term ‘Native Hawaiian health organi- zation’ means ‘Papa Ola Lokahi’ as defined in sec- tion 12 of the Native Hawaiian Health Care Im- provement Act.
‘‘(b) GRANT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Di- rector of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts de- veloped in accordance with paragraph (2), to be used by the eligible entity to provide services for the pre- vention of, treatment of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians.
‘‘(2) FORMULA.—The Secretary, in consultation with the Director of the Indian Health Service, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3070 ‘‘(3) DELIVERY OF FUNDS.—On request from an Indian Tribe or Tribal organization, the Sec- retary, acting through the Assistant Secretary for Mental Health and Substance Use and in coordina- tion with the Director of the Indian Health Service, may award funds under this section through a con- tract or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assist- ance Act.
‘‘(c) TECHNICAL ASSISTANCE AND PROGRAM EVAL- 11 UATION.— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) provide technical assistance to appli- cants and awardees under this section; and ‘‘(B) in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organization, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Ha- waiian health organization to demonstrate out- comes and report data as required for participa- tion in the program under this section.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3071 ‘‘(2) DATA SUBMISSION AND REPORTING.—As a condition of receipt of funds under this section, an applicant shall agree to submit program evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection.
‘‘(d) CONSULTATION.—The Secretary shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding allocations pursuant to subsection (b)(2) and program evaluation and reporting requirements pursuant to subsection (c).

In establishing such requirements, the Secretary shall seek to minimize administrative burden for eligible entities, as practicable.
‘‘(e) APPLICATION.—An entity desiring an award under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably re- quire.
‘‘(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3072 on Energy and Commerce of the House of Representa- tives, a report describing the services provided pursuant to this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027.’’.

CHAPTER 2—SUMMER BARROW PREVEN- TION, TREATMENT, AND RECOVERY SEC.

1211.

GRANTS FOR THE BENEFIT OF HOMELESS INDI- VIDUALS.

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 TREAT- MENT 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 organiza- tions (as the terms ‘Indian tribes’ and ‘tribal organizations’ are defined’’ and inserting December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3073 ‘‘Tribes and Tribal organizations (as such terms are defined’’; and (B) in paragraph (3), by striking ‘‘in sub- stance abuse’’ and inserting ‘‘in substance use disorders’’; (3) in subsection (b), in the subsection heading, by striking ‘‘ABUSE’’ and inserting ‘‘USE DIS- ORDER’’; and (4) in subsection (f), by striking ‘‘$333,806,000 for each of fiscal years 2018 through 2022’’ and in- serting ‘‘$521,517,000 for each of fiscal years 2023 through 2027’’.

SEC.

1213.
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 in- serting ‘‘substance use disorder’’; (B) by striking ‘‘tribes and tribal organiza- tions’’ and inserting ‘‘Tribes and Tribal organi- zations’’; and (C) by striking ‘‘addiction’’ and inserting ‘‘substance use disorders’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3074 (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 PREVEN- TION 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 DIS- ORDER’’; and (3) in subsection (f), by striking ‘‘$211,148,000 for each of fiscal years 2018 through 2022’’ and in- serting ‘‘$218,219,000 for each of fiscal years 2023 through 2027’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3075 SEC.

1215.

SOBER TRUTH ON PREVENTING (STOP) UNDER- AGE 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 fol- lows: ‘‘(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 orga- nizations 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; AN- NUAL REPORT ON STATE UNDERAGE DRINKING PREVEN- TION AND ENFORCEMENT ACTIVITIES.— ‘‘(1) INTERAGENCY COORDINATING COMMITTEE ON THE PREVENTION OF UNDERAGE DRINKING.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3076 ‘‘(A) IN GENERAL.—The Secretary, in col- laboration with the Federal officials specified in subparagraph (B), shall continue to support and enhance the efforts of the interagency co- ordinating committee, that began operating in 2004, focusing on underage drinking (referred to in this subsection as the ‘Committee’).
‘‘(B) OTHER AGENCIES.—The officials re- ferred to in subparagraph (A) are the Secretary of Education, the Attorney General, the Sec- retary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Sur- geon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Al- coholism, the Assistant Secretary for Mental Health and Substance Use, the Director of the National Institute on Drug Abuse, the Assist- ant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National High- way Traffic Safety Administration, the Admin- istrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3077 Federal officials as the Secretary of Health and Human Services determines to be appropriate.

‘‘(C) CHAIR.—The Secretary of Health and Human Services shall serve as the chair of the Committee.
‘‘(D) DUTIES.—The Committee shall guide policy and program development across the Federal Government with respect to underage drinking, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an agen- cy to the Committee.
‘‘(E) CONSULTATIONS.—The Committee shall actively seek the input of and shall consult with all appropriate and interested parties, in- cluding States, public health research and inter- est groups, foundations, and alcohol beverage industry trade associations and companies.
‘‘(F) ANNUAL REPORT.— ‘‘(i) IN GENERAL.—The Secretary, on behalf of the Committee, shall annually submit to the Congress a report that sum- marizes— ‘‘(I) all programs and policies of Federal agencies designed to prevent December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3078 and reduce underage drinking, includ- ing such programs and policies that support State efforts to prevent or re- duce 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 infor- mation specified in clause (ii); and ‘‘(IV) such other information re- garding underage drinking as the Sec- retary determines to be appropriate.
‘‘(ii) CERTAIN INFORMATION.—The report under clause (i) shall include infor- mation 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.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3079 ‘‘(II) Measures of the availability of alcohol from commercial and non- commercial sources to underage popu- lations.

‘‘(III) Measures of the exposure of underage populations to messages regarding alcohol in advertising, social media, and the entertainment media.
‘‘(IV) Surveillance data, includ- ing, 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 im- prove the collection, measurement, and consistency of reporting Federal underage alcohol data.

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3080 ‘‘(V) Any additional findings re- sulting from research conducted or supported under subsection (g).
‘‘(VI) Evidence-based best prac- tices to prevent and reduce underage drinking and provide treatment serv- ices to those youth who need such services.
‘‘(2) ANNUAL REPORT ON STATE UNDERAGE DRINKING PREVENTION AND ENFORCEMENT ACTIVI- TIES.— ‘‘(A) IN GENERAL.—The Secretary shall, with input and collaboration from other appro- priate Federal agencies, States, Indian Tribes, territories, and public health, consumer, and al- cohol beverage industry groups, annually issue a report on each State’s performance in enact- ing, enforcing, and creating laws, regulations, programs, and other actions to prevent or re- duce underage drinking based on the best prac- tices 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3081 identification and implementation of activities to prevent underage drinking, as determined to be appropriate by such State or other applicable entity.

‘‘(B) CONTENTS.— ‘‘(i) PERFORMANCE MEASURES.—The Secretary shall develop, in consultation with the Committee, a set of measures to be used in preparing the State Report on best practices, including as they relate to State laws, regulations, other actions, and enforcement practices.
‘‘(ii) STATE REPORT CONTENT.—The State Report shall include updates on State laws, regulations, and other actions, including those described in previous re- ports to Congress, including with respect to the following: ‘‘(I) Whether or not the State has comprehensive anti-underage drinking laws such as for the illegal sale, purchase, attempt to purchase, consumption, or possession of alcohol; illegal use of fraudulent ID; illegal furnishing or obtaining of alcohol for December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3082 an individual under 21 years; the de- gree of strictness of the penalties for such offenses; and the prevalence of the enforcement of each of these in- fractions.

‘‘(II) Whether or not the State has comprehensive liability statutes pertaining to underage access to alco- hol such as dram shop, social host, and house party laws, and the preva- lence of enforcement of each of these laws.
‘‘(III) Whether or not the State encourages and conducts comprehen- sive enforcement efforts to prevent underage access to alcohol at retail outlets, such as random compliance checks and shoulder tap programs, and the number of compliance checks within alcohol retail outlets measured against the number of total alcohol re- tail outlets in each State, and the re- sult of such checks.
‘‘(IV) Whether or not the State encourages training on the proper December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3083 selling and serving of alcohol for all sellers and servers of alcohol as a con- dition of employment.

‘‘(V) Whether or not the State has policies and regulations with re- gard to direct sales to consumers and home delivery of alcoholic beverages.
‘‘(VI) Whether or not the State has programs or laws to deter adults from purchasing alcohol for minors; and the number of adults targeted by these programs.

‘‘(VII) Whether or not the State has enacted graduated drivers licenses and the extent of those provisions.
‘‘(VIII) Whether or not the State has adopted any other policies con- sistent 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 expo- sure to alcohol-related products and information.

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3084 ‘‘(IX) A description of the degree to which the practices of local juris- dictions within the State vary from one another.

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2023 through 2027.
‘‘(d) NATIONAL MEDIA CAMPAIGN TO PREVENT UN- DERAGE DRINKING.— ‘‘(1) IN GENERAL.—The Secretary, in consulta- tion with the National Highway Traffic Safety Ad- ministration, shall develop or continue an intensive, multifaceted national media campaign aimed at adults to reduce underage drinking.
‘‘(2) PURPOSE.—The purpose of the national media campaign described in this section shall be to achieve the following objectives: ‘‘(A) Promote community awareness of, and a commitment to, reducing underage drink- ing.

‘‘(B) Encourage activities, including activi- ties carried out by adults, that inhibit the illegal use of alcohol by youth.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3085 ‘‘(C) Discourage activities, including activi- ties carried out by adults, that promote the ille- gal use of alcohol by youth.
‘‘(3) COMPONENTS.—When implementing the national media campaign described in this section, the Secretary shall— ‘‘(A) educate the public about the public health and safety benefits of evidence-based strategies to reduce underage drinking, includ- ing existing laws related to the minimum legal drinking age, and engage the public and par- ents in the implementation of such strategies; ‘‘(B) educate the public about the negative consequences of underage drinking; ‘‘(C) identify specific actions by adults to discourage or inhibit underage drinking; ‘‘(D) discourage adult conduct that tends to facilitate underage drinking; ‘‘(E) establish collaborative relationships with local and national organizations and insti- tutions to further the goals of the campaign and assure that the messages of the campaign are disseminated from a variety of sources; ‘‘(F) conduct the campaign through multi- media sources; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3086 ‘‘(G) take into consideration demographics and other relevant factors to most effectively reach target audiences.

‘‘(4) CONSULTATION REQUIREMENT.—In devel- oping and implementing the national media cam- paign 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 con- sumer and parent groups, law enforcement, institu- tions of higher education, community-based organi- zations and coalitions, and other relevant stake- holders.
‘‘(5) ANNUAL REPORT.—The Secretary shall produce an annual report on the progress of the de- velopment or implementation of the media campaign described in this subsection, including expenses and projected costs, and, as such information is avail- able, report on the effectiveness of such campaign in affecting adult attitudes toward underage drinking and adult willingness to take actions to decrease un- derage drinking.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3087 ‘‘(6) RESEARCH ON YOUTH-ORIENTED CAM- PAIGN.—The Secretary may, based on the avail- ability of funds, conduct or support research on the potential success of a youth-oriented national media campaign to reduce underage drinking.

The Sec- retary shall report to Congress any such results and any related recommendations.
‘‘(7) ADMINISTRATION.—The Secretary may enter into an agreement with another Federal agen- cy to delegate the authority for execution and ad- ministration of the adult-oriented national media campaign.

‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2023 through 2027.
‘‘(e) COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO PREVENT UNDERAGE DRINKING.— ‘‘(1) AUTHORIZATION OF PROGRAM.—The As- sistant Secretary for Mental Health and Substance Use, in consultation with the Director of the Office of National Drug Control Policy, shall award en- hancement grants to eligible entities to design, im- plement, evaluate, and disseminate comprehensive strategies to maximize the effectiveness of commu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3088 nity-wide approaches to preventing and reducing un- derage drinking.

This subsection is subject to the availability of appropriations.
‘‘(2) PURPOSES.—The purposes of this sub- section are to— ‘‘(A) prevent and reduce alcohol use among youth in communities throughout the United States; ‘‘(B) strengthen collaboration among com- munities, the Federal Government, Tribal Gov- ernments, and State and local governments; ‘‘(C) enhance intergovernmental coopera- tion and coordination on the issue of alcohol use among youth; ‘‘(D) serve as a catalyst for increased cit- izen participation and greater collaboration among all sectors and organizations of a com- munity 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3089 ‘‘(F) enhance, not supplant, effective local community initiatives for preventing and reduc- ing alcohol use among youth.

‘‘(3) APPLICATION.—An eligible entity desiring an enhancement grant under this subsection shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances, as the Assistant Secretary may require.
Each application shall in- clude— ‘‘(A) a complete description of the entity’s current underage alcohol use prevention initia- tives and how the grant will appropriately en- hance the focus on underage drinking issues; or ‘‘(B) a complete description of the entity’s current initiatives, and how it will use the grant to enhance those initiatives by adding a focus on underage drinking prevention.
‘‘(4) USES OF FUNDS.—Each eligible entity that receives a grant under this subsection shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to paragraph (3) and obtain specialized training and technical assistance by the entity funded under sec- tion 4 of Public Law 107–82, as amended (21 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3090 U.S.C.
3090 U.S.C.

1521 note).

Grants under this subsection shall not exceed $60,000 per year and may not ex- ceed 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 de- scribed in this subsection.
‘‘(6) EVALUATION.—Grants under this sub- section shall be subject to the same evaluation re- quirements and procedures as the evaluation re- quirements and procedures imposed on recipients of drug-free community grants.

‘‘(7) DEFINITIONS.—For purposes of this sub- section, the term ‘eligible entity’ means an organiza- tion that is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997.
‘‘(8) ADMINISTRATIVE EXPENSES.—Not more than 6 percent of a grant under this subsection may be expended for administrative expenses.

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this subsection $11,500,000 for each of fiscal years 2023 through 2027.

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3091 ‘‘(f) GRANTS TO ORGANIZATIONS REPRESENTING PEDIATRIC PROVIDERS AND OTHER RELATED HEALTH PROFESSIONALS TO REDUCE UNDERAGE DRINKING THROUGH SCREENING AND BRIEF INTERVENTIONS.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall make awards to one or more entities representing pediatric providers and other related health professionals with demonstrated ability to increase among the members of such enti- ties effective practices to reduce the prevalence of al- cohol use among individuals under the age of 21, in- cluding college students.
‘‘(2) PURPOSES.—Grants under this subsection shall be made to improve— ‘‘(A) screening adolescents for alcohol use; ‘‘(B) offering brief interventions to adoles- cents to discourage such use; ‘‘(C) educating parents about the dangers of and methods of discouraging such use; ‘‘(D) diagnosing and treating alcohol use disorders; and ‘‘(E) referring patients, when necessary, to other appropriate care.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3092 ‘‘(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 pro- viders; ‘‘(B) disseminating best practices, includ- ing culturally and linguistically appropriate best practices, and developing and distributing mate- rials; and ‘‘(C) supporting other activities as deter- mined appropriate by the Assistant Secretary.
‘‘(4) APPLICATION.—To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances as the Secretary may re- quire.
Each application shall include— ‘‘(A) a description of the entity; ‘‘(B) a description of the activities to be completed that will promote the practices speci- fied in paragraph (2); ‘‘(C) a description of the entity’s qualifica- tions for performing such activities; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3093 ‘‘(D) a timeline for the completion of such activities.
‘‘(5) DEFINITIONS.—For the purpose of this subsection: ‘‘(A) BRIEF INTERVENTION.—The term ‘brief intervention’ means, after screening a pa- tient, providing the patient with brief advice and other brief motivational enhancement tech- niques 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 tech- niques to identify and assess the existence and extent of alcohol use in a patient.

‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2023 through 2027.
‘‘(g) DATA COLLECTION AND RESEARCH.— ‘‘(1) ADDITIONAL RESEARCH ON UNDERAGE DRINKING.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3094 ‘‘(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 re- search currently being conducted or supported by the Department of Health and Human Serv- ices, on underage drinking, with respect to the following: ‘‘(i) The evaluation, which may in- clude through the development of relevant capabilities of expertise within a State, of the effectiveness of comprehensive commu- nity-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 inter- est groups and foundations, and alcohol beverage companies and trade associations.
‘‘(ii) Obtaining and reporting more precise information than is currently col- lected on the scope of the underage drink- ing problem and patterns of underage alco- hol consumption, including improved December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3095 knowledge about the problem and progress in preventing, reducing, and treating un- derage drinking, as well as information on the rate of exposure of youth to advertising and other media messages encouraging and discouraging alcohol consumption.

‘‘(iii) The development and identifica- tion of evidence-based or evidence-informed strategies to reduce underage drinking, which may include through translational research.
‘‘(iv) Improving and conducting public health data collection on alcohol use and alcohol-related conditions in States, which may include by increasing the use of sur- veys, such as the Behavioral Risk Factor Surveillance System, to monitor binge and excessive drinking and related harms among individuals who are at least 18 years of age, but not more than 20 years of age, including harm caused to self or others as a result of alcohol use that is not duplicative of research currently being con- ducted or supported by the Department of Health and Human Services.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3096 ‘‘(B) AUTHORIZATION OF APPROPRIA- TIONS.—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, EN- GINEERING, AND MEDICINE STUDY.— ‘‘(A) IN GENERAL.—Not later than 12 months after the date of enactment of the Re- storing Hope for Mental Health and Well-Being Act of 2022, the Secretary shall— ‘‘(i) contract with the National Acad- emies of Sciences, Engineering, and Medi- cine to study developments in research on underage drinking and the implications of these developments; and ‘‘(ii) report to the Congress on the re- sults of such review.
‘‘(B) AUTHORIZATION OF APPROPRIA- TIONS.—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)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3097 (A) by striking ‘‘up to 125’’; and (B) by striking ‘‘tribes and tribal organiza- tions’’ and inserting ‘‘Tribes and Tribal organi- zations’’; (2) in subsection (b)(2), by striking ‘‘tribes, and tribal organizations’’ and inserting ‘‘Tribes, and Tribal organizations’’; (3) in subsection (c)— (A) in paragraph (1), by striking ‘‘Indian tribe or tribal organization’’ and inserting ‘‘an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a)’’; and (B) in paragraph (2)(A)— (i) in clause (i), by inserting ‘‘peer re- covery support services,’’ after ‘‘disorder treatment,’’; and (ii) in clause (iii), by striking ‘‘tribe, or tribal organization’’ and inserting ‘‘Tribe, or Tribal organization’’; (4) in subsection (e)— (A) in the matter preceding paragraph (1), by striking ‘‘tribe, or tribal organization’’ and inserting ‘‘Tribe, or Tribal organization’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3098 (B) in paragraph (3), by inserting ‘‘and paraprofessionals’’ after ‘‘professionals’’; and (C) in paragraph (5), by striking ‘‘or ar- rest’’ and inserting ‘‘, arrest, or release’’; (5) in subsection (f), by striking ‘‘tribe, or trib- al organization’’ each place it appears and inserting ‘‘Tribe, or Tribal organization’’; (6) in subsection (h), by striking ‘‘tribe, or trib- al organization’’ and inserting ‘‘Tribe, or Tribal or- ganization’’; and (7) in subsection (j), by striking ‘‘$4,269,000 for each of fiscal years 2018 through 2022’’ and in- serting ‘‘$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.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3099 (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 here- by 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, Ter- ritory, locality, or Indian Tribe or Tribal organiza- tion (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act).
‘‘(3) SUBGRANTS.—For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in sec- tion 1861(aa) of the Social Security Act), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act, or any nonprofit organization that the Secretary deems appropriate, which may include December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3100 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 TREAT- MENT.—Section 544 of the Public Health Service Act (42 U.S.C.
290dd–3) is amended— (A) by redesignating subsections (d) through (f) as subsections (e) through (g), re- spectively; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3101 (B) in subsection (f), as so redesignated, by striking ‘‘subsection (d)’’ and inserting ‘‘sub- section (e)’’; and (C) by inserting after subsection (c) the following: ‘‘(d) IMPROVING ACCESS TO OVERDOSE TREAT- MENT.— ‘‘(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 ap- proved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or sus- pected 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, con- sult with the Secretary of Defense regarding the provision of information to prescribers with- in Department of Defense medical facilities on December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3102 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 dis- orders.
‘‘(C) VETERANS AFFAIRS.—The Secretary of Health and Human Services may, as appro- priate, consult with the Secretary of Veterans Affairs regarding the provision of information to prescribers within Department of Veterans Affairs medical facilities on best practices for prescribing or co-prescribing a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or sus- pected 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.’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3103 (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 in- serting ‘‘fiscal years 2023 through 2027’’.

(7) TECHNICAL AMENDMENTS.— (A) Section 544 of the Public Health Serv- ice 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 Ad- diction and Recovery Act of 2016 (Public Law 114–198) is amended by striking subsection (b).

SEC.

1220.

OPIOID OVERDOSE REVERSAL MEDICATION AC- CESS AND EDUCATION GRANT PROGRAMS.

(a) GRANTS.—Section 545 of the Public Health Serv- ice Act (42 U.S.C.
290ee) is amended— (1) in the section heading, by striking ‘‘AC- CESS AND EDUCATION GRANT PROGRAMS’’ and inserting ‘‘ACCESS, EDUCATION, AND CO-PRE- SCRIBING GRANT PROGRAMS’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3104 (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 orga- nizations (as those terms are defined in section 4 of the Indian Self-Determination and Education Assist- ance Act)’’; (4) in subsection (a)(1), by striking ‘‘implement strategies for pharmacists to dispense a drug or de- vice’’ and inserting ‘‘implement strategies that in- crease 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 fol- lowing: ‘‘(3) encourage health care providers to co-pre- scribe, as appropriate, drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emer- gency treatment of known or suspected opioid over- dose;’’.
(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’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3105 (c) LIMITATION.—Paragraph (3) of section 545(d) of the Public Health Service Act (42 U.S.C.
290ee(d)) is amended to read as follows: ‘‘(3) LIMITATIONS.—A State may— ‘‘(A) use not more than 10 percent of a grant under this section for educating the pub- lic pursuant to subsection (a)(5); and ‘‘(B) use not less than 20 percent of a grant under this section to offset cost-sharing for distribution and dispensing of drugs or de- vices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 545(h)(1) of the Public Health Service Act, is amended by striking ‘‘fiscal years 2017 through 2019’’ and insert- ing ‘‘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 oth- erwise legally marketed’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3106 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 ‘‘DEM- ONSTRATION’’ (and by conforming the item relat- ing 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 ‘‘dem- onstration’’; (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 comple- tion of the demonstration program under this section, the Secretary shall submit a report to the Congress on the results of the demonstra- tion program’’ and inserting ‘‘Not later than 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3107 the end of each of fiscal years 2024 and 2027, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Com- merce 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.
1231.

CLARIFYING THE ROLE OF SAMHSA IN PRO- MOTING THE AVAILABILITY OF HIGH-QUAL- ITY RECOVERY HOUSING.

Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa) is amended— (1) in paragraph (24)(E), by striking ‘‘and’’ at the end; (2) in paragraph (25), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(26) collaborate with national accrediting enti- ties, recovery housing providers, organizations or in- dividuals with established expertise in delivery of re- covery housing services, States, Federal agencies (in- cluding the Department of Health and Human Serv- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3108 ices, the Department of Housing and Urban Devel- opment, and the agencies listed in section 550(e)(2)(B)), and other relevant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.’’.

SEC.

1232.

DEVELOPING GUIDELINES FOR STATES TO PRO- MOTE 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 fol- lows: ‘‘(1) IN GENERAL.—The Secretary, in consulta- tion with the individuals and entities specified in paragraph (2), shall continue activities to identify, facilitate the development of, and periodically update consensus-based best practices, which may include model laws for implementing suggested minimum standards for operating, and promoting the avail- ability of, high-quality recovery housing.’’; (2) in paragraph (2)— (A) by striking subparagraphs (A) and (B) and inserting the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3109 ‘‘(A) officials representing the agencies de- scribed in subsection (e)(2);’’; (B) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively; (C) in subparagraph (B), as so redesig- nated, by striking ‘‘tribal’’ and inserting ‘‘Trib- al’’; and (D) in subparagraph (D), as so redesig- nated, by striking ‘‘tribes, tribal organizations, and tribally’’ and inserting ‘‘Tribes, Tribal or- ganizations, and Tribally’’; and (3) by adding at the end the following: ‘‘(3) AVAILABILITY.—The best practices re- ferred to in paragraph (1) shall be— ‘‘(A) made publicly available; and ‘‘(B) published on the public website of the Substance Abuse and Mental Health Services Administration.
‘‘(4) EXCLUSION OF GUIDELINE ON TREAT- MENT SERVICES.—In facilitating the development of best practices under paragraph (1), the Secretary may not include any best practices with respect to substance use disorder treatment services.’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3110 SEC.

1233.

COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF RECOVERY HOUSING.
Section 550 of the Public Health Service Act (42 U.S.C.
290ee–5) (relating to national recovery housing best practices), as amended by section 1232, is further amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; (2) in subsection (c)(2), by striking ‘‘Indian tribes, tribal’’ and inserting ‘‘Indian Tribes, Tribal’’; (3) in subsection (h)(2), as so redesignated— (A) by striking ‘‘Indian tribe’’ and insert- ing ‘‘Indian Tribe’’; and (B) by striking ‘‘tribal organization’’ and inserting ‘‘Tribal organization’’; and (4) by inserting after subsection (d) the fol- lowing: ‘‘(e) COORDINATION OF FEDERAL ACTIVITIES TO PROMOTE THE AVAILABILITY OF HOUSING FOR INDIVID- UALS EXPERIENCING HOMELESSNESS, INDIVIDUALS WITH A MENTAL ILLNESS, AND INDIVIDUALS WITH A SUBSTANCE USE DISORDER.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development shall convene 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3111 an interagency working group for the following pur- poses: ‘‘(A) To increase collaboration, coopera- tion, and consultation among the Department of Health and Human Services, the Department of Housing and Urban Development, and the Federal agencies listed in paragraph (2)(B), with respect to promoting the availability of housing, including high-quality recovery hous- ing, for individuals experiencing homelessness, individuals with mental illnesses, and individ- uals 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 con- sistent with the best practices developed under this section.

‘‘(D) To improve information on the qual- ity of recovery housing.
‘‘(2) COMPOSITION.—The interagency working group under paragraph (1) shall be composed of— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3112 ‘‘(A) the Secretary, acting through the As- sistant Secretary, and the Secretary of Housing and Urban Development, who shall serve as the co-chairs; and ‘‘(B) representatives of each of the fol- lowing Federal agencies: ‘‘(i) The Centers for Medicare & Med- icaid Services.

‘‘(ii) The Substance Abuse and Men- tal Health Services Administration.

‘‘(iii) The Health Resources and Serv- ices Administration.
‘‘(iv) The Office of the Inspector Gen- eral 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 Af- fairs.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3113 ‘‘(xii) Any other Federal agency as the co-chairs determine appropriate.

‘‘(3) MEETINGS.—The working group shall meet on a quarterly basis.
‘‘(4) REPORTS TO CONGRESS.—Not later than 4 years after the date of the enactment of this sec- tion, the working group shall submit to the Com- mittee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and For- estry, and the Committee on Finance of the Senate and the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Serv- ices of the House of Representatives a report de- scribing the work of the working group and any rec- ommendations of the working group to improve Fed- eral, State, and local coordination with respect to re- covery housing and other housing resources and op- erations for individuals experiencing homelessness, individuals with a mental illness, and individuals with a substance use disorder.’’.
SEC.

1234.

NATIONAL ACADEMIES OF SCIENCES, ENGINEER- ING, 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3114 Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall— (1) contract with the National Academies of Sciences, Engineering, and Medicine— (A) to study the quality and effectiveness of recovery housing in the United States and whether the availability of such housing meets demand; and (B) to identify recommendations to pro- mote the availability of high-quality recovery housing; and (2) report to the Congress on the results of such review.
(b) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2023.

SEC.

1235.

GRANTS FOR STATES TO PROMOTE THE AVAIL- ABILITY OF RECOVERY HOUSING AND SERV- ICES.

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: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3115 ‘‘(f) GRANTS FOR IMPLEMENTING NATIONAL RECOV- ERY 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 assist- ance to implement the guidelines and rec- ommendations developed under subsection (a); and ‘‘(B) to promote— ‘‘(i) the availability of recovery hous- ing for individuals with a substance use disorder; and ‘‘(ii) the maintenance of recovery housing in accordance with best practices developed under this section.
‘‘(2) STATE PROMOTION PLANS.—Not later than 90 days after receipt of a grant under para- graph (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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3116 ‘‘(A) the plan of the State (or political sub- divisions thereof), Indian Tribe, or territory, with respect to the promotion of recovery hous- ing for individuals with a substance use dis- order located within the jurisdiction of such State (or political subdivisions thereof), Indian Tribe, or territory; and ‘‘(B) a description of how such plan is con- sistent 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 re- covery 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’’.

19 20 SEC.

1237.

TECHNICAL CORRECTION.

Title V of the Public Health Service Act (42 U.S.C.
21 290aa et seq.)

is amended— 22 23 24 25 (1) by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) (42 U.S.C.

290ee–10), as added by section 8214 of Pub- lic Law 115–271, as section 550A; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3117 (2) by moving such section so it appears after section 550 (relating to national recovery housing best practices).
CHAPTER 4—SUBSTANCE USE PREVEN- TION, TREATMENT, AND RECOVERY SERVICES BLOCK GRANT SEC.

1241.

ELIMINATING STIGMATIZING LANGUAGE RELAT- ING TO SUBSTANCE USE.

(a) BLOCK GRANTS FOR PREVENTION AND TREAT- MENT OF SUBSTANCE USE.—Part B of title XIX of the Public Health Service Act (42 U.S.C.

300x et seq.)
300x et seq.)

is 12 amended— (1) in the part heading, by striking ‘‘SUB- STANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE’’; (2) in subpart II, by amending the subpart heading to read as follows: ‘‘Block Grants for Substance Use Prevention, Treatment, and Recovery Services’’; (3) in section 1922(a) (42 U.S.C.
300x– 22(a))— (A) in paragraph (1), in the matter pre- ceding subparagraph (A), by striking ‘‘sub- stance abuse’’ and inserting ‘‘substance use dis- orders’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3118 (B) by striking ‘‘such abuse’’ each place it appears in paragraphs (1) and (2) and insert- ing ‘‘such disorders’’; (4) in section 1923 (42 U.S.C.
300x–23)— (A) in the section heading, by striking ‘‘SUBSTANCE ABUSE’’ and inserting ‘‘SUB- STANCE 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 insert- ing ‘‘substance use disorders’’; (8) in section 1933(d)(1) (42 U.S.C.

300x– 33(d)), in the matter following subparagraph (B), by striking ‘‘abuse of alcohol and other drugs’’ and in- serting ‘‘use of substances’’; (9) by amending paragraph (4) of section 1934 (42 U.S.C.

300x–34) to read as follows: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3119 ‘‘(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 ‘‘sub- stance abuse’’ and inserting ‘‘substance use dis- orders’’; and (B) in subsection (b)(1), by striking ‘‘sub- stance abuse’’ each place it appears and insert- ing ‘‘substance use disorders’’; (11) in section 1949 (42 U.S.C.
300x–59), by striking ‘‘substance abuse’’ each place it appears in subsections (a) and (d) and inserting ‘‘substance use disorders’’; (12) in section 1954(b)(4) (42 U.S.C.

300x– 64(b)(4))— (A) by striking ‘‘substance abuse’’ and in- serting ‘‘substance use disorders’’; and (B) by striking ‘‘such abuse’’ and inserting ‘‘such disorders’’; and (13) in section 1956 (42 U.S.C.

300x–66), by striking ‘‘substance abuse’’ and inserting ‘‘substance use disorders’’.
(b) CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE ABUSE.—Part C of title XIX December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3120 of the Public Health Service Act (42 U.S.C.

300y et seq.)

is amended— (1) in the part heading, by striking ‘‘SUB- STANCE ABUSE’’ and inserting ‘‘SUBSTANCE USE’’; (2) in section 1971 (42 U.S.C.
300y), by strik- ing ‘‘substance abuse’’ each place it appears in sub- sections (a), (b), and (f) and inserting ‘‘substance use’’; and (3) in section 1976 (42 U.S.C.

300y–11), by striking ‘‘intravenous abuse’’ each place it appears and inserting ‘‘intravenous use’’.

SEC.

1242.

AUTHORIZED ACTIVITIES.

Section 1921(b) of the Public Health Service Act (42 U.S.C.
300x–21(b)) is amended by striking ‘‘activities to prevent and treat substance use disorders’’ and inserting ‘‘activities to prevent, treat, and provide recovery support services for substance use disorders’’.

SEC.

1243.

STATE PLAN REQUIREMENTS.

Section 1932(b)(1)(A) of the Public Health Service Act (42 U.S.C.
300x–32(b)(1)(A)) is amended— (1) by redesignating clauses (vi) through (ix) as clauses (vii) through (x), respectively; (2) by inserting after clause (v) the following: ‘‘(vi) provides a description of— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3121 ‘‘(I) the State’s comprehensive statewide recovery support services ac- tivities, including the number of indi- viduals being served, target popu- lations, workforce capacity (consistent with clause (viii)), and priority needs; and ‘‘(II) the amount of funds re- ceived under this subpart expended on recovery support services, disaggregated by the amount ex- pended for type of service activity;’’; and (3) in clause (viii), as so redesignated, by strik- ing ‘‘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)— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3122 (i) by striking ‘‘of an Indian tribe or tribal organization’’ and inserting ‘‘of an Indian Tribe or Tribal organization’’; and (ii) by striking ‘‘such tribe’’ and in- serting ‘‘such Tribe’’; (B) in subparagraph (B)— (i) by striking ‘‘tribe or tribal organi- zation’’ and inserting ‘‘Tribe or Tribal or- ganization’’; and (ii) by striking ‘‘Secretary under this’’ and inserting ‘‘Secretary under this sub- part’’; 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 fol- lows: ‘‘(2) INDIAN TRIBE OR TRIBAL ORGANIZATION AS GRANTEE.—The amount reserved by the Sec- retary on the basis of a determination under this subsection shall be granted to the Indian Tribe or Tribal organization serving the individuals for whom such a determination has been made.’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3123 (3) in paragraph (3), by striking ‘‘tribe or trib- al organization’’ and inserting ‘‘Tribe or Tribal or- ganization’’; 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 insert- ing the following: ‘‘The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meanings given the terms ‘Indian tribe’ and ‘tribal orga- nization’ ’’.

SEC.

1245.
SEC.

1245.

BLOCK GRANTS FOR SUBSTANCE USE PREVEN- TION, TREATMENT, AND RECOVERY SERV- ICES.

(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 ‘‘appro- priated’’ and all that follows through ‘‘2022..’’ and insert- ing 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3124 U.S.C.

300x–35(b)(1)(B)) is amended by striking ‘‘the collection of data in this paragraph is’’.

SEC.

1246.

REQUIREMENT OF REPORTS AND AUDITS BY STATES.

Section 1942(a) of the Public Health Service Act (42 U.S.C.
300x–52(a)) is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: ‘‘(3) the amount provided to each recipient in the previous fiscal year.’’.

SEC.

1247.

STUDY ON ASSESSMENT FOR USE OF STATE RE- SOURCES.
(a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use (in this section re- ferred to as the ‘‘Secretary’’), shall, in consultation with States and other local entities providing prevention, treat- ment, or recovery support services related to substance use, conduct a study on strategies to assess community needs with respect to such services in order to facilitate State use of block grant funding received under subpart II of part B of title XIX of the Public Health Service Act December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3125 (42 U.S.C.

300x–21 et seq.)

to provide services to sub- stance use disorder prevention, treatment, and recovery support.

The study shall, where feasible and appropriate, include estimates of resources for community needs strate- gies respective to prevention, treatment, or recovery sup- port 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 Pen- sions 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 con- sultation with patients and other stakeholders, on activi- ties carried out pursuant to exemptions granted— (1) to a State (including the District of Colum- bia or any territory of the United States) or an opioid treatment program; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3126 (2) pursuant to section 8.11(h) of title 42, Code of Federal Regulations; and (3) during the period— (A) beginning on the declaration of the public health emergency for the COVID–19 pandemic under section 319 of the Public Health Service Act (42 U.S.C.

247d); and (B) ending on the earlier of— (i) the termination of such public health emergency, including extensions thereof pursuant to such section 319; and (ii) the end of calendar year 2022.
(b) PRIVACY.—The section does not authorize the disclosure by the Department of Health and Human Serv- ices of individually identifiable information about patients.

(c) FEEDBACK.—In conducting the study under sub- section (a), the Assistant Secretary for Mental Health and Substance Use shall gather feedback from the States and opioid treatment programs on their experiences in imple- menting exemptions described in subsection (a).
(d) REPORT.—Not later than 180 days after the end of the period described in subsection (a)(3)(B), and sub- ject 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.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3127 SEC.

1252.

CHANGES TO FEDERAL OPIOID TREATMENT STANDARDS.


(a) MOBILE MEDICATION UNITS.—Section 302(e) of the Controlled Substances Act (21 U.S.C.
822(e)) is amended by adding at the end the following: ‘‘(3) Notwithstanding paragraph (1), a registrant that is dispensing pursuant to section 303(g) narcotic drugs to individuals for maintenance treatment or detoxi- fication 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 nar- cotics 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 stand- ards for operation of a mobile medication unit as the At- torney General may establish.’’.
(b) REVISE OPIOID TREATMENT PROGRAM ADMIS- SION CRITERIA TO ELIMINATE REQUIREMENT THAT PA- TIENTS HAVE AN OPIOID USE DISORDER FOR AT LEAST 1 YEAR.—Not later than 18 months after the date of en- actment 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 elimi- nate the requirement that an opioid treatment program only admit an individual for treatment under the program December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3128 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.
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 in- hale illegal scheduled substances.

SEC.

1262.

ELIMINATING ADDITIONAL REQUIREMENTS FOR DISPENSING NARCOTIC DRUGS IN SCHEDULE III, IV, AND V FOR MAINTENANCE OR DETOXI- FICATION 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) Practi- tioners who dispense narcotic drugs (other than nar- cotic drugs in schedule III, IV, or V) to individuals December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3129 for maintenance treatment or detoxification treat- ment’’; (3) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (4) in paragraph (2), as so redesignated— (A) by striking ‘‘(i) security of stocks’’ and inserting ‘‘(A) security of stocks’’; and (B) by striking ‘‘(ii) the maintenance of records’’ and inserting ‘‘(B) the maintenance of records’’.
(b) CONFORMING CHANGES.— (1) Subsections (a) and (d)(1) of section 304 of the Controlled Substances Act (21 U.S.C.

824) are each amended by striking ‘‘303(g)(1)’’ each place it appears and inserting ‘‘303(g)’’.

(2) Section 309A(a)(2) of the Controlled Sub- stances 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3130 V to be administered for the purpose of mainte- nance or detoxification treatment’’; and (B) by striking ‘‘and—’’ and all that fol- lows 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 practi- tioner that is certified to prescribe medication for opioid dependency under section 303(g)(2)(B) of the Controlled Substances Act’’ and inserting ‘‘informa- tion 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 main- tenance or detoxification treatment’’.

(4) Section 544(a)(3) of the Public Health Service Act (42 U.S.C.
290dd–3), as added by sec- tion 1219(a)(2), is amended by striking ‘‘any practi- tioner dispensing narcotic drugs pursuant to section 303(g) of the Controlled Substances Act’’ and in- serting ‘‘any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3131 (5) Section 1833(bb)(3)(B) of the Social Secu- rity 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 Janu- ary 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 pur- pose of maintenance or detoxification treatment on or after January 1, 2021’’.
(6) Section 1834(o)(3)(C)(ii) of the Social Se- curity Act (42 U.S.C.

1395m(o)(3)(C)(ii)) is amend- ed 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 pre- scribing narcotic drugs in schedule III, IV, or V of section 202 of the Controlled Substances Act for the purpose of maintenance or detoxification treatment on or after January 1, 2021’’.

(7) Section 1866F(c)(3) of the Social Security Act (42 U.S.C.
1395cc–6(c)(3)) is amended— (A) in subparagraph (A), by adding ‘‘and’’ at the end; (B) in subparagraph (B), by striking ‘‘; and’’ and inserting a period; and (C) by striking subparagraph (C).

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3132 (8) Section 1903(aa)(2)(C) of the Social Secu- rity Act (42 U.S.C.

1396b(aa)(2)(C)) is amended— (A) in clause (i), by adding ‘‘and’’ at the end; (ii).
(B) by striking clause (ii); and (C) by redesignating clause (iii) as clause 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, be- ginning 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 Se- curity Act) and the practitioner meets one or more of the following conditions: ‘‘(i) The physician holds a board cer- tification in addiction psychiatry or addic- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3133 tion medicine from the American Board of Medical Specialties.

‘‘(ii) The physician holds a board cer- tification from the American Board of Ad- diction Medicine.

‘‘(iii) The physician holds a board cer- tification in addiction medicine from the American Osteopathic Association.
‘‘(iv) The physician has, with respect to the treatment and management of pa- tients with opioid or other substance use disorders, or the safe pharmacological management of dental pain and screening, brief intervention, and referral for appro- priate treatment of patients with or at risk of developing opioid or other substance use disorders, completed not less than 8 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) that is provided by— ‘‘(I) the American Society of Ad- diction Medicine, the American Acad- emy of Addiction Psychiatry, the American Medical Association, the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3134 American Osteopathic Association, the American Dental Association, the American Association of Oral and Maxillofacial Surgeons, the American Psychiatric Association, or any other organization accredited by the Accred- itation Council for Continuing Medical Education (ACCME) or the Commis- sion for Continuing Education Pro- vider Recognition (CCEPR); ‘‘(II) any organization accredited by a State medical society accreditor that is recognized by the ACCME or the CCEPR; ‘‘(III) any organization accred- ited by the American Osteopathic As- sociation to provide continuing med- ical education; or ‘‘(IV) any organization approved by the Assistant Secretary for Mental Health and Substance Use, the ACCME, or the CCEPR.
‘‘(v) The physician graduated in good standing from an accredited school of allopathic medicine, osteopathic medicine, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3135 dental surgery, or dental medicine in the United States during the 5-year period im- mediately preceding the date on which the physician first registers or renews under this section and has successfully completed a comprehensive allopathic or osteopathic medicine curriculum or accredited medical residency or dental surgery or dental medi- cine curriculum that included not less than 8 hours of training on— ‘‘(I) treating and managing pa- tients with opioid or other substance use disorders, including the appro- priate clinical use of all drugs ap- proved by the Food and Drug Admin- istration for the treatment of a sub- stance use disorder; or ‘‘(II) the safe pharmacological management of dental pain and screening, brief intervention, and re- ferral for appropriate treatment of pa- tients with or at risk of developing opioid and other substance use dis- orders.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3136 ‘‘(B) If the practitioner is not a physician (as defined under section 1861(r) of the Social Security Act), the practitioner is legally author- ized by the State to dispense controlled sub- stances under schedule II, III, IV, or V and is dispensing such substances within such State in accordance with all applicable State laws, and the practitioner meets one or more of the fol- lowing conditions: ‘‘(i) The practitioner has completed not fewer than 8 hours of training with re- spect to the treatment and management of patients with opioid or other substance use disorders (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) provided by the American Society of Addic- tion Medicine, the American Academy of Addiction Psychiatry, the American Med- ical Association, the American Osteopathic Association, the American Nurses Credentialing Center, the American Psy- chiatric Association, the American Associa- tion of Nurse Practitioners, the American Academy of Physician Associates, or any December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3137 other organization approved or accredited by the Assistant Secretary for Mental Health and Substance Use or the Accredi- tation Council for Continuing Medical Education.
‘‘(ii) The practitioner has graduated in good standing from an accredited physi- cian assistant school or accredited school of advanced practice nursing in the United States during the 5-year period imme- diately preceding the date on which the practitioner first registers or renews under this section and has successfully completed a comprehensive physician assistant or ad- vanced 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 Ad- ministration for the treatment of a sub- stance use disorder.
‘‘(2) ONE-TIME TRAINING.— ‘‘(A) IN GENERAL.—The Attorney General shall not require any qualified practitioner to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3138 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 Re- storing Hope for Mental Health and Well-Being Act of 2022, the Attorney General shall provide to qualified practitioners a single written, elec- tronic 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 require- ments of a State or for some other lawful pur- pose; or ‘‘(B) to preempt any additional require- ments 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3139 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 Restor- ing 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 pre- scribe controlled substances; and ‘‘(ii) is not solely a veterinarian.’’.
(b) REPORT.—Not later than 5 years after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report assessing the impact of the elimination of the waiver program established under section 303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)), as amended by the Drug Addiction Treatment Act of 2000.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3140 SEC.

1264.

INCREASE IN NUMBER OF DAYS BEFORE WHICH CERTAIN CONTROLLED SUBSTANCES MUST BE ADMINISTERED.

Section 309A(a)(5) of the Controlled Substances Act (21 U.S.C.

829a(a)(5)) is amended by striking ‘‘14 days’’ and inserting ‘‘45 days’’.

CHAPTER 7—OPIOID CRISIS RESPONSE SEC.

1271.


OPIOID PRESCRIPTION VERIFICATION.

(a) MATERIALS FOR TRAINING PHARMACISTS ON CERTAIN CIRCUMSTANCES UNDER WHICH A PHARMACIST MAY DECLINE TO FILL A PRESCRIPTION.— (1) UPDATES TO MATERIALS.—Section 3212(a) of the SUPPORT for Patients and Communities Act (21 U.S.C.
829 note) is amended by striking ‘‘Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Administration, Commissioner of Food and Drugs, Director of the Centers for Disease Con- trol and Prevention, and Assistant Secretary for Mental Health and Substance Use, shall develop and disseminate’’ and inserting ‘‘The Secretary of Health and Human Services, in consultation with the Administrator of the Drug Enforcement Admin- istration, Commissioner of Food and Drugs, Direc- tor of the Centers for Disease Control and Preven- 26 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3141 tion, and Assistant Secretary for Mental Health and Substance Use, shall develop and disseminate not later than 1 year after the date of enactment of the Restoring Hope for Mental Health and Well-Being Act of 2022, and update periodically thereafter’’.

(2) MATERIALS INCLUDED.—Section 3212(b) of the SUPPORT for Patients and Communities Act (21 U.S.C.
829 note) is amended— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: ‘‘(1) pharmacists on how to verify the identity of the patient;’’.

(3) MATERIALS FOR TRAINING ON PATIENT VERIFICATION .—Section 3212 of the SUPPORT for Patients and Communities Act (21 U.S.C.
829 note) is amended by adding at the end the following new subsection: ‘‘(d) MATERIALS FOR TRAINING ON VERIFICATION OF IDENTITY.—Not later than 1 year after the date of enactment of this subsection, the Secretary of Health and Human Services, after seeking stakeholder input in ac- cordance with subsection (c), shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3142 ‘‘(1) update the materials developed under sub- section (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 amend- ed— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection: ‘‘(c) PRIORITY.—In awarding grants to States under subsections (a) and (b), the Director of the Centers for Disease Control and Prevention may give priority to juris- dictions with a disproportionately high rate of drug overdoses or drug overdose deaths, as applicable.’’.
(2) CONFORMING CHANGE.—Section 392A of the Public Health Service Act (42 U.S.C.

280b–1) is amended by striking ‘‘Indian tribes’’ each place it appears and inserting ‘‘Indian Tribes’’.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3143 SEC.

1272.

SYNTHETIC OPIOID AND EMERGING DRUG MIS- USE 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 re- lated to synthetic opioids shall include the dissemination 10 of information that— 26 (1) promotes awareness about the potency and dangers of fentanyl and its analogues and other syn- thetic opioids; (2) explains services provided by the Substance Abuse and Mental Health Services Administration and the Centers for Disease Control and Prevention (and any entity providing such services under a con- tract entered into with such agencies) with respect to the use and misuse of opioids (including synthetic opioids) and other emerging drug threats, such as stimulants, as appropriate; and (3) relates generally to opioid use and pain management, including information on alternative, nonopioid pain management treatments.
The Secretary shall update such campaign to address emerging drug misuse issues, as appropriate.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3144 (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 Sec- retary shall take into consideration the findings of the re- port required under section 7001 of the SUPPORT for Patients and Communities Act (Public Law 115–271).
(d) CONSULTATION.—In coordinating the campaign under subsection (a), the Secretary shall consult with the Assistant Secretary for Mental Health and Substance Use to provide ongoing advice on the effectiveness of informa- tion disseminated through the campaign.

(e) REQUIREMENT OF CAMPAIGN.—The campaign implemented under subsection (a) shall not be duplicative of any other Federal efforts relating to eliminating sub- 20 stance use and misuse.
21 22 23 24 (f) EVALUATION.— (1) IN GENERAL.—The Secretary shall ensure that the campaign implemented under subsection (a) is subject to an independent evaluation, beginning 2 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3145 years after the date of enactment of this Act, and 2 years thereafter.
(2) MEASURES AND BENCHMARKS.—For pur- poses of an evaluation conducted pursuant to para- graph (1), the Secretary shall— (A) establish baseline measures and bench- marks to quantitatively evaluate the impact of the campaign under this section; and (B) conduct qualitative assessments re- garding 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 there- after, submit to Congress a report on the effectiveness of the campaign implemented under subsection (a) towards meeting the measures and benchmarks established under subsection (f)(2).
(h) DISSEMINATION OF INFORMATION THROUGH PROVIDERS.—The Secretary shall develop and implement a plan for the dissemination of information related to syn- thetic opioids, to health care providers who participate in Federal programs, including programs administered by the Department of Health and Human Services, the In- dian Health Service, the Department of Veterans Affairs, the Department of Defense, and the Health Resources and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3146 Services Administration, the Medicare program under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.

), and the Medicaid program under title XIX of such Act (42 U.S.C.

1396 et seq.).
1396 et seq.).

(i) TRAINING GUIDE AND OUTREACH ON SYNTHETIC OPIOID EXPOSURE PREVENTION.— (1) TRAINING GUIDE.—Not later than 18 months after the date of enactment of this Act, the Secretary shall design, publish, and make publicly available on the internet website of the Department of Health and Human Services, a training guide and webinar for first responders and other individuals who also may be at high risk of exposure to syn- thetic opioids that details measures to prevent that exposure.
(2) OUTREACH.—Not later than 18 months after the date of enactment of this Act, the Sec- retary shall also conduct outreach about the avail- ability 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; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3147 (D) hospital emergency department per- sonnel; and (E) other high-risk occupations, as identi- fied by the Secretary.

SEC.

1273.

GRANT PROGRAM FOR STATE AND TRIBAL RE- SPONSE 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 RE- SPONSE TO OPIOID USE DISORDERS.
‘‘(a) IN GENERAL.—The Secretary of Health and Human Services (referred to in this section as the ‘Sec- retary’) shall carry out the grant program described in subsection (b) for purposes of addressing opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders, within States, Indian Tribes, and populations served by Tribal organizations and Urban Indian organizations.
‘‘(b) GRANTS PROGRAM.— ‘‘(1) IN GENERAL.—Subject to the availability of appropriations, the Secretary shall award grants to the single State agency responsible for admin- istering the substance use prevention, treatment, and recovery services block grant under subpart II of part B of title XIX of the Public Health Service December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3148 Act (42 U.S.C.

300x–21 et seq.


), Indian Tribes, and Tribal organizations for the purpose of addressing opioid misuse and use disorders, and as applicable and appropriate, stimulant misuse and use dis- orders, 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.—Notwith- standing subsection (i)(3), in determining grant amounts for each recipient of a grant under para- graph (1), the Secretary shall ensure that each State and the District of Columbia receive not less than $4,000,000 and ensure that each Territory receives not less than $250,000.
‘‘(3) FORMULA METHODOLOGY.— ‘‘(A) IN GENERAL.—At least 30 days be- fore publishing a funding opportunity an- nouncement 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 grant- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3149 ees, which, where applicable and appro- priate based on populations being served by the relevant entity— ‘‘(I) with respect to allocations for States, gives preference to States whose populations have a prevalence of opioid misuse and use disorders or drug overdose deaths that is substan- tially higher relative to the popu- lations of other States; ‘‘(II) with respect to allocations for Tribes and Tribal organizations, gives preferences to Tribes and Tribal organizations (including those apply- ing in partnership with an Urban In- dian organization) serving populations with demonstrated need with respect to opioid misuse and use disorders or drug overdose deaths; ‘‘(III) includes performance as- sessments for continuation awards; and ‘‘(IV) ensures that the formula avoids a funding cliff between States with similar overdose mortality rates December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3150 to prevent funding reductions when compared to prior year allocations, as determined by the Secretary; and ‘‘(ii) not later than 30 days after de- veloping the formula methodology under clause (i), submit the formula methodology to— ‘‘(I) the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and ‘‘(II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Rep- resentatives.
‘‘(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 Com- merce of the House of Representatives a report that— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3151 ‘‘(i) assesses how grant funding is al- located 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 mis- use and use disorders and, as applicable and appropriate, stimulant misuse and use disorders; and ‘‘(iii) assesses the use of funding pro- vided through the grant program under this section and other similar grant pro- grams administered by the Substance Abuse and Mental Health Services Admin- istration.
‘‘(4) USE OF FUNDS.—Grants awarded under this subsection shall be used for carrying out activi- ties that supplement activities pertaining to opioid misuse and use disorders and, as applicable and ap- propriate, stimulant misuse and use disorders (in- cluding co-occurring substance misuse and use dis- orders), undertaken by the entities described in paragraph (1), which may include public health-re- lated activities such as the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3152 ‘‘(A) Implementing substance use disorder and overdose prevention activities, including primary prevention activities, and evaluating such activities to identify effective strategies to prevent substance use disorders and overdoses, which may include drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act.

‘‘(B) Establishing or improving prescrip- tion drug monitoring programs.
‘‘(C) Training for health care practitioners, such as best practices for prescribing opioids, pain management, recognizing potential cases of substance use disorders, referral of patients to treatment programs, preventing diversion of controlled substances, and overdose prevention.
‘‘(D) Supporting access to and the provi- sion of substance use disorder-related health care services, including— ‘‘(i) services provided by federally cer- tified opioid treatment programs; ‘‘(ii) services provided in outpatient and residential substance use disorder treatment programs or facilities, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3153 those that utilize medication-assisted treat- ment, as appropriate; or ‘‘(iii) services provided by other ap- propriate 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 dis- orders.
‘‘(E) Recovery support services, includ- ing— ‘‘(i) community-based services that in- clude education, outreach, and peer sup- ports such as peer support specialists and recovery coaches to help support recovery; ‘‘(ii) mutual aid recovery programs that support medication-assisted treat- ment; ‘‘(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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3154 to addressing opioid misuse and use disorders and, as applicable and appropriate, stimulant misuse and use disorders, within such entity, including directing resources in accordance with local needs related to substance use disorders.
‘‘(c) ACCOUNTABILITY AND OVERSIGHT.—A State re- ceiving a grant under subsection (b) shall submit to the Secretary a description of— ‘‘(1) the purposes for which the grant funds re- ceived by the State under such subsection for the preceding fiscal year were expended and a descrip- tion of the activities of the State under the grant; ‘‘(2) the ultimate recipients of amounts pro- vided to the State; ‘‘(3) the number of individuals served through the grant; and ‘‘(4) such other information as determined ap- propriate by the Secretary.
‘‘(d) LIMITATIONS.—Any funds made available pur- suant to subsection (i) shall not be used for any purpose other than the grant program under subsection (b).
‘‘(e) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.— The Secretary, in consultation with Indian Tribes and Tribal organizations, shall identify and establish appro- priate mechanisms for Indian Tribes and Tribal organiza- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3155 tions to demonstrate or report the information as required under subsections (b), (c), and (d).
‘‘(f) REPORT TO CONGRESS.—Not later than Sep- tember 30, 2024, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and the Committees on Appropriations of the House of Representatives and the Senate, a report that includes a summary of the information provided to the Secretary in reports made pursuant to subsections (c) and (d), includ- 12 ing— ‘‘(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, in- cluding through the Tribal Training and Technical Assist- ance Center of the Substance Abuse and Mental Health Services Administration, as applicable, shall provide enti- ties described in subsection (b)(1) with technical assist- ance concerning grant application and submission proce- dures under this section, award management activities, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3156 and enhancing outreach and direct support to rural and underserved communities and providers in addressing sub- stance use disorders.

‘‘(h) DEFINITIONS.—In this section: ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given the term ‘Indian tribe’ in sec- tion 4 of the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C.

5304).
5304).

‘‘(2) TRIBAL ORGANIZATION.—The term ‘Tribal organization’ has the meaning given the term ‘tribal organization’ in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C.

5304).

‘‘(3) STATE.—The term ‘State’ has the mean- ing given such term in section 1954(b) of the Public Health Service Act (42 U.S.C.

300x–64(b)).
300x–64(b)).

‘‘(4) URBAN INDIAN ORGANIZATION.—The term ‘Urban Indian organization’ has the meaning given such term in section 4 of the Indian Health Care Improvement Act.

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—For purposes of carrying out the grant program under subsection (b), there is authorized to be appropriated $1,750,000,000 for each of fiscal years 2023 through 2027.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3157 ‘‘(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 ad- ministrative expenses, training, technical assistance, and evaluation.
‘‘(3) SET ASIDE.—Of the amounts made avail- able for each fiscal year to award grants under sub- section (b) for a fiscal year, the Secretary shall— ‘‘(A) award not more than 5 percent to In- dian Tribes and Tribal organizations; and ‘‘(B) of the amount remaining after appli- cation of subparagraph (A), set aside up to 15 percent for awards to States with the highest age-adjusted rate of drug overdose death based on the ordinal ranking of States according to the Director of the Centers for Disease Control and Prevention.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3158 Subtitle C—Access to Mental Health Care and Coverage CHAPTER 1—IMPROVING UPTAKE AND PA- TIENT 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.
520K.

IMPROVING UPTAKE AND PATIENT ACCESS TO INTEGRATED CARE SERVICES.
‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- tity’ means a State, or an appropriate State agency, in collaboration with— ‘‘(A) 1 or more qualified community pro- grams as described in section 1913(b)(1); or ‘‘(B) 1 or more health centers (as defined in section 330(a)), rural health clinics (as de- fined 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 INTE- GRATED CARE.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3159 ‘‘(A) The term ‘integrated care’ means col- laborative models, including the psychiatric col- laborative 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, in- cluding within primary health care settings.
‘‘(3) PSYCHIATRIC COLLABORATIVE CARE MODEL.—The term ‘psychiatric collaborative care model’ means the evidence-based, integrated behav- ioral health service delivery method that includes— ‘‘(A) care directed by the primary care team; ‘‘(B) structured care management; ‘‘(C) regular assessments of clinical status using developmentally appropriate, validated tools; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3160 ‘‘(D) modification of treatment as appro- priate.
‘‘(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 seri- ous emotional disturbance who have a co-occur- ring physical health condition or chronic dis- ease; ‘‘(C) individuals with a substance use dis- order; 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3161 ‘‘(A) to promote full integration and col- laboration in clinical practices between physical and behavioral health care, including for special populations; ‘‘(B) to support the improvement of inte- grated care models for physical and behavioral health care to improve overall wellness and physical health status, including for special pop- ulations; ‘‘(C) to promote the implementation and improvement of bidirectional integrated care services provided at entities described in sub- section (a)(1), including evidence-based or evi- dence-informed screening, assessment, diag- nosis, prevention, treatment, and recovery serv- ices for mental and substance use disorders, and co-occurring physical health conditions and chronic diseases; and ‘‘(D) in the case of an eligible entity that is collaborating with a primary care practice, to support the implementation of evidence-based or evidence-informed integrated care models, in- cluding the psychiatric collaborative care model, including— ‘‘(i) by hiring staff; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3162 ‘‘(ii) by identifying and formalizing contractual relationships with other health care providers or other relevant entities of- fering care management and behavioral health consultation to facilitate the adop- tion of integrated care, including, as appli- cable, providers who will function as psy- chiatric consultants and behavioral health care managers in providing behavioral health integration services through the col- laborative care model; ‘‘(iii) by purchasing or upgrading soft- ware and other resources, as applicable, needed to appropriately provide behavioral health integration, including resources needed to establish a patient registry and implement measurement-based care; and ‘‘(iv) for such other purposes as the Secretary determines to be applicable and appropriate.
‘‘(c) APPLICATIONS.— ‘‘(1) IN GENERAL.—An eligible entity that is seeking a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3163 such information as the Secretary may require, in- cluding the contents described in paragraph (2).
‘‘(2) CONTENTS FOR AWARDS.—Any such appli- cation of an eligible entity seeking a grant or cooper- ative agreement under this section shall include, as applicable— ‘‘(A) a description of a plan to achieve fully collaborative agreements to provide bidirectional integrated care to special popu- lations; ‘‘(B) a summary of the policies, if any, that are barriers to the provision of integrated care, and the specific steps, if applicable, that will be taken to address such barriers; ‘‘(C) a description of partnerships or other arrangements with local health care providers to provide services to special populations and, as applicable, in areas with demonstrated need, such as Tribal, rural, or other medically under- served communities, such as those with a work- force shortage of mental health and substance use disorder, pediatric mental health, or other related professionals; ‘‘(D) an agreement and plan to report to the Secretary performance measures necessary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3164 to evaluate patient outcomes and facilitate eval- uations across participating projects; and ‘‘(E) a description of the plan or progress in implementing the psychiatric collaborative care model, as applicable and appropriate; ‘‘(F) a description of the plan or progress of evidence-based or evidence-informed inte- grated care models other than the psychiatric collaborative care model implemented by pri- mary care practices, as applicable and appro- priate; 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 Sec- retary, taking into consideration the quality of an el- igible 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3165 Mental Health and Well-Being Act of 2022, may ad- just the target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section.
‘‘(3) LIMITATION.—An eligible entity that is re- ceiving funding under subsection (b)— ‘‘(A) may not allocate more than 10 per- cent 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 inte- grated care.

‘‘(e) DURATION.—A grant or cooperative agreement under this section shall be for a period not to exceed 5 years.
‘‘(f) REPORT ON PROGRAM OUTCOMES.—An eligible entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Sec- retary.
Such annual report shall include— ‘‘(1) the progress made to reduce barriers to in- tegrated 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), December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3166 including outcomes related to education, employ- ment, and housing, or, as applicable and appro- priate, outcomes for such populations receiving be- havioral health care through the psychiatric collabo- rative 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-BEHAV- IORAL 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 re- quirements of this section, including assistance with— ‘‘(A) development and selection of inte- grated care models; ‘‘(B) dissemination of evidence-based inter- ventions in integrated care; ‘‘(C) establishment of organizational prac- tices to support operational and administrative success; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3167 ‘‘(D) as appropriate, appropriate informa- tion, training, and technical assistance in imple- menting the psychiatric collaborative care model when an eligible entity is collaborating with 1 or more primary care practices for the purposes of implementing the psychiatric collaborative care model.
‘‘(2) ADDITIONAL DISSEMINATION OF TECH- NICAL INFORMATION.—In addition to providing the assistance described in paragraph (1) to recipients of a grant or cooperative agreement under this sec- tion, the Secretary may also provide such assistance to other States and political subdivisions of States, Indian Tribes and Tribal organizations, as those terms are defined in section 4 of the Indian Self-De- termination and Education Assistance Act, out- patient mental health and addiction treatment cen- ters, 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, pri- mary 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 organiza- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3168 tions, 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 annu- ally thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives summarizing the informa- tion submitted in reports to the Secretary under sub- section (f), including progress made in meeting perform- ance metrics and the uptake of integrated care models, any adjustments made to target amounts pursuant to sub- section (d)(2), and any other relevant information.
‘‘(i) FUNDING.— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— To carry out this section, there is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2027.
‘‘(2) INCREASING UPTAKE OF THE PSYCHIATRIC COLLABORATIVE CARE MODEL BY PRIMARY CARE PRACTICES.—Not less than 10 percent of funds ap- propriated to carry out this section shall be for the purposes of implementing the psychiatric collabo- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3169 rative care model implemented by primary care prac- tices 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 fis- cal year exceeds the amount appropriated to carry out this section (as in effect before the date of en- actment 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.
1311.

REAUTHORIZATION AND PROVISION OF CER- TAIN PROGRAMS TO STRENGTHEN THE HEALTH CARE WORKFORCE.

(a) MENTAL AND BEHAVIORAL HEALTH EDUCATION AND TRAINING GRANTS.—Section 756 of the Public Health Service Act (42 U.S.C.
294e–1) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting ‘‘(which may include master’s and doctoral level pro- grams)’’ 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3170 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 dis- orders’’ each place it appears and inserting ‘‘mental health and substance use disorder’’; (2) in subsection (a)(2)— (A) by inserting ‘‘(including for individuals completing clinical training requirements for li- censure)’’ after ‘‘training’’; (B) by inserting ‘‘counselors, nurses,’’ after ‘‘psychologists,’’; and (C) by striking the semicolon and inserting ‘‘, including such settings that serve pediatric populations;’’; (3) in subsection (a)(3)(A)— (A) by striking ‘‘disorder’’ (as inserted by paragraph (1)) and inserting ‘‘disorders’’; and (B) by inserting ‘‘or pediatric populations’’ after ‘‘addiction’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3171 (4) in subsection (b)(2)(A), by inserting ‘‘(in- cluding such settings that serve pediatric popu- lations)’’ after ‘‘settings’’; (5) in subsection (c)(2)(F)— (A) by inserting ‘‘counselors, nurses,’’ after ‘‘psychologists’’; and (B) by striking the period and inserting ‘‘, including such entities that serve pediatric pop- ulations.’’; (6) in subsection (d)(1)(A)— (A) by inserting ‘‘health service psycholo- gists, nurses’’ after ‘‘fellows,’’; and (B) by inserting ‘‘counselors,’’ after ‘‘phy- sician assistants’’; (7) in subsection (d)(1)(B)— (A) by inserting ‘‘, which may include such settings that serve pediatric populations’’ after ‘‘settings’’; (B) by inserting ‘‘health’’ after ‘‘mental’’; (8) in subsection (d)(2)(C), inserting ‘‘(which may include trauma-informed care, as appropriate)’’ after ‘‘care’’; (9) in subsection (g), by striking ‘‘$10,000,000 for each of fiscal years 2018 through 2022’’ and in- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3172 serting ‘‘, and $31,700,000 for each of fiscal years 2023 through 2027’’; and (10) in subsection (f)(2)(B), by striking ‘‘dis- order’’ (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’’.

13 CHAPTER 3—ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS SEC.

1321.

ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH PLANS.

Section 2722(a)(2) of the Public Health Service Act (42 U.S.C.
300gg–21(a)(2)) is amended by adding at the end the following new subparagraph: ‘‘(F) SUNSET OF ELECTION OPTION.— ‘‘(i) IN GENERAL.—Notwithstanding the preceding provisions of this para- graph— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3173 ‘‘(I) no election described in sub- paragraph (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.
‘‘(ii) EXCEPTION FOR CERTAIN COL- LECTIVELY BARGAINED PLANS.—Notwith- standing clause (i)(II), a plan described in subparagraph (B)(ii) that is subject to multiple agreements described in such sub- paragraph 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 en- actment may extend such election until the date on which the term of the last such agreement expires.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3174 CHAPTER 4—MENTAL HEALTH AND SUB- STANCE USE DISORDER PARITY IM- PLEMENTATION SEC.

1331.

GRANTS TO SUPPORT MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY IMPLE- MENTATION.

(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 10 Care Act (Public Law 111–148)) is amended by adding 11 at the end the following: ‘‘(3) PARITY IMPLEMENTATION.— ‘‘(A) IN GENERAL.—Beginning during the first fiscal year that begins after the date of en- actment of this paragraph, the Secretary shall, out of funds made available pursuant to sub- paragraph (C), award grants to eligible States to enforce and ensure compliance with the men- tal health and substance use disorder parity provisions of section 2726.
‘‘(B) ELIGIBLE STATE.—A State shall be eligible for a grant awarded under this para- graph only if such State— ‘‘(i) submits to the Secretary an appli- cation for such grant at such time, in such December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3175 manner, and containing such information as specified by the Secretary; and ‘‘(ii) agrees to request and review from health insurance issuers offering group or individual health insurance cov- erage the comparative analyses and other information required of such health insur- ance issuers under subsection (a)(8)(A) of section 2726 relating to the design and ap- plication of nonquantitative treatment limi- tations imposed on mental health or sub- stance use disorder benefits.
‘‘(C) AUTHORIZATION OF APPROPRIA- TIONS.—There are authorized to be appro- priated $10,000,000 for each of the first five fiscal years beginning after the date of the en- actment 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 Af- fordable Care Act (Public Law 111–148) is redesignated as section 2795.

December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3176 Subtitle D—Children and Youth CHAPTER 1—SUPPORTING CHILDREN’S MENTAL HEALTH CARE ACCESS SEC.

1401.

TECHNICAL ASSISTANCE FOR SCHOOL-BASED HEALTH CENTERS.

Section 399Z–1 of the Public Health Service Act (42 U.S.C.
280h–5) is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the fol- lowing: ‘‘(l) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance by grants or contracts award- ed to private, nonprofit entities with demonstrated exper- tise related to school-based health centers.
Such technical assistance, taking into account local and regional dif- ferences among school based health centers, shall support such entities in providing services described in subsection (a)(1) pursuant to this section, including mental health and substance use disorder services, and may include tech- nical assistance relating to program operations and sup- port 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.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3177 SEC.

1402.

INFANT AND EARLY CHILDHOOD MENTAL HEALTH PROMOTION, INTERVENTION, AND TREATMENT.

Section 399Z–2 of the Public Health Service Act (42 U.S.C.
280h–6) is amended— (1) by redesignating subsection (f) as sub- section (g); (2) by inserting after subsection (e) the fol- lowing: ‘‘(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 de- scribed in subsection (d).’’; and (3) in subsection (g) (as redesignated by para- graph (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— 25 26 (1) complete a study on the rates of suicidal be- haviors among children and adolescents with chronic December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3178 illnesses, including substance use disorders, auto- immune disorders, and heritable blood disorders; and (2) submit a report to the Congress on the re- sults of such study, including recommendations for early intervention services for such children and ado- lescents 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 de- scribed in paragraph (1) to reduce any demographic disparities in such rates.
SEC.

1404.

BEST PRACTICES FOR BEHAVIORAL AND MEN- TAL HEALTH INTERVENTION TEAMS.

The Public Health Service Act is amended by insert- ing after section 520H of such Act, as added by section 1151 of this Act, the following new section: ‘‘SEC.

520H–1.

BEST PRACTICES FOR BEHAVIORAL AND MENTAL HEALTH INTERVENTION TEAMS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health Education, Labor, and Pen- sions Committee of the Senate and the Energy and Com- merce Committee of the House of Representatives a report that identifies best practices related to using behavioral December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3179 and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and insti- tutions of higher education interested in voluntarily estab- lishing and using such teams to support students exhib- iting 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 inter- vention teams might operate effectively from an evi- dence-based, objective perspective while protecting the constitutional and civil rights and privacy of in- dividuals.
‘‘(2) The use of behavioral and mental health intervention teams— ‘‘(A) to identify and support students ex- hibiting behaviors interfering with learning or posing a risk of harm to self or others; and ‘‘(B) to implement evidence-based interven- tions to meet the behavioral and mental health needs of such students.
‘‘(3) How behavioral and mental health inter- vention teams can— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3180 ‘‘(A) access evidence-based professional de- velopment to support students described in paragraph (2)(A); and ‘‘(B) ensure that such teams— ‘‘(i) are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and ‘‘(ii) use cross validation by a wide- range of individual perspectives on the team.
‘‘(4) How behavioral and mental health inter- vention teams can help mitigate inappropriate refer- ral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs.
‘‘(c) CONSULTATION.—In carrying out subsection (a), the Secretary shall consult with— ‘‘(1) the Secretary of Education; ‘‘(2) the Director of the National Threat As- sessment Center of the United States Secret Service; ‘‘(3) the Attorney General; ‘‘(4) teachers (which shall include special edu- cation teachers), principals and other school leaders, school board members, behavioral and mental health December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3181 professionals (including school-based mental health professionals), and parents of students; ‘‘(5) local law enforcement agencies and campus law enforcement administrators; ‘‘(6) privacy, disability, and civil rights experts; and ‘‘(7) other education and mental health profes- sionals 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, sup- porting, and connecting students exhibiting be- haviors 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— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3182 ‘‘(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 sup- portive learning environments.

‘‘(2) The terms ‘elementary school’, ‘parent’, and ‘secondary school’ have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965.
‘‘(3) The term ‘institution of higher education’ has the meaning given to such term in section 102 of the Higher Education Act of 1965.’’.

CHAPTER 2—CONTINUING SYSTEMS OF CARE FOR CHILDREN SEC.

1411.

COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES.

(a) DEFINITION.—Section 565(d)(2)(B) of the Public Health Service Act (42 U.S.C.

290ff–4(d)(2)(B)) is amended by striking ‘‘may be)’’ and inserting ‘‘may be), kinship caregivers of the child,’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3183 (b) AUTHORIZATION OF APPROPRIATIONS.—Para- graph (1) of section 565(f) of the Public Health Service Act (42 U.S.C.

290ff–4(f)) is amended— (1) by moving the margin of such paragraph 2 ems to the right; and (2) by striking ‘‘$119,026,000 for each of fiscal years 2018 through 2022’’ and inserting ‘‘$125,000,000 for each of fiscal years 2023 through 2027’’.

SEC.
SEC.

1412.

SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION SERVICES FOR CHIL- DREN AND ADOLESCENTS.

Section 514 of the Public Health Service Act (42 U.S.C.

290bb–7) is amended— (1) in subsection (a), by striking ‘‘Indian tribes or tribal organizations’’ and inserting ‘‘Indian Tribes or Tribal organizations’’; and (2) in subsection (f), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3184 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 amend- ed— (1) by striking ‘‘The Secretary’’ and inserting the following: ‘‘(1) IN GENERAL.—The Secretary’’; and (2) by adding at the end the following: ‘‘(2) COLLABORATION.—In carrying out this subsection, as applicable with respect to assistance to entities serving members of the Armed Forces and veterans, the Secretary shall, as appropriate, collaborate with the Secretary of Defense and the Secretary of Veterans Affairs.’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3185 (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 Pub- lic Health Service Act (42 U.S.C.
290bb–34(d)) is amend- ed 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 Men- tal Health and Well-Being Act of 2022, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives’’.

SEC.

1422.
SEC.

1422.

YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.

Section 520E of the Public Health Service Act (42 U.S.C.

290bb–36) is amended— (1) by striking ‘‘tribe’’ and inserting ‘‘Tribe’’; (2) by striking ‘‘tribal’’ each place it appears and inserting ‘‘Tribal’’; (3) in subsection (a)(1), by inserting ‘‘pediatric health programs,’’ after ‘‘foster care systems,’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3186 (4) by amending subsection (b)(1)(B) to read as follows: ‘‘(B) a public organization or private non- profit organization designated by a State or In- dian Tribe (as defined in section 4 of the In- dian Self-Determination and Education Assist- ance Act) to develop or direct the State-spon- sored statewide or Tribal youth suicide early intervention and prevention strategy; or’’; (5) in subsection (c)— (A) in paragraph (1), by inserting ‘‘pedi- atric health programs,’’ after ‘‘foster care sys- tems,’’; (B) in paragraph (7), by inserting ‘‘pedi- atric health programs,’’ after ‘‘foster care sys- tems,’’; (C) in paragraph (9), by inserting ‘‘pedi- atric health programs,’’ after ‘‘educational insti- tutions,’’; (D) in paragraph (13), by striking ‘‘and’’ at the end; (E) in paragraph (14), by striking the pe- riod at the end and inserting ‘‘; and’’; and (F) by adding at the end the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3187 ‘‘(15) provide to parents, legal guardians, and family members of youth, supplies to securely store means commonly used in suicide, if applicable, with- in the household.’’; (6) in subsection (d)— (A) in the heading, by striking ‘‘DIRECT SERVICES’’ and inserting ‘‘SUICIDE PREVEN- TION ACTIVITIES’’; and (B) by striking ‘‘direct services, of which not less than 5 percent shall be used for activi- ties authorized under subsection (a)(3)’’ and in- serting ‘‘suicide prevention activities’’; (7) in subsection (e)(3)(A), by inserting ‘‘and the Department of Education, as appropriate’’ after ‘‘agencies and suicide working groups’’; (8) in subsection (g)— (A) in paragraph (1), by striking ‘‘18’’ and inserting ‘‘24’’; and (B) in paragraph (2), by striking ‘‘2 years after the date of enactment of Helping Families in Mental Health Crisis Reform Act of 2016’’ and inserting ‘‘December 31, 2025’’; (9) in subsection (l)(4), by striking ‘‘between 10 and 24 years of age’’ and inserting ‘‘up to 24 years of age’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3188 (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 DIS- ORDER SERVICES FOR STUDENTS IN HIGHER EDUCATION.

Section 520E–2 of the Public Health Service Act (42 U.S.C.
290bb–36b) is amended— (1) in the heading, by striking ‘‘ON CAMPUS’’ and inserting ‘‘FOR STUDENTS IN HIGHER EDU- CATION’’; (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 in- serting ‘‘mental health and substance use dis- order resources and services.’’; (C) in paragraph (5), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3189 (D) in paragraph (6), by striking ‘‘staff to respond effectively to students with mental and substance use disorders.’’ and inserting ‘‘staff to recognize and respond effectively and appro- priately to students experiencing mental health and substance use disorders.’’; (E) in paragraph (7), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use’’; (F) in paragraph (8), by striking ‘‘mental and substance use’’ and inserting ‘‘mental health and substance use.’’; (G) in paragraph (9), by striking ‘‘regard- ing 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 behavioral disorders,’’ and inserting ‘‘men- tal and behavioral health disorders,’’; and (I) in paragraph (12), by striking ‘‘best practices.’’ and inserting ‘‘best practices, and trauma-informed practices.’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3190 (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 ‘‘pro- moting access to services,’’ and inserting ‘‘pro- moting 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 ‘‘includ- ing efforts’’ and inserting ‘‘including through prevention, early detection, early intervention, and efforts’’; and (C) by adding at the end the following: ‘‘(3) An assessment of the mental health and substance use disorder needs of the populations served by recipients of grants under this section.’’; and (5) in subsection (i), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3191 SEC.

1424.

MENTAL AND BEHAVIORAL HEALTH OUTREACH AND EDUCATION AT INSTITUTIONS OF HIGH- ER 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 ‘‘, includ- ing minority-serving institutions as described in sec- tion 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q) and community colleges’’ after ‘‘higher education’’; and (3) in subsection (f), by striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.

CHAPTER 4—MEDIA AND MENTAL HEALTH SEC.

1431.

STUDY ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE ON ADOLESCENTS.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services may conduct or support research on— (1) smartphone and social media use by adoles- cents; and (2) the effects of such use on— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3192 (A) emotional, behavioral, and physical health and development; and (B) any disparities in the mental health outcomes of rural, minority, and other under- served 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.

11 SEC.

1432.
1432.

RESEARCH ON THE HEALTH AND DEVELOPMENT EFFECTS OF MEDIA AND RELATED TECH- NOLOGY ON INFANTS, CHILDREN, AND ADO- LESCENTS.
(a) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the ‘‘Sec- retary’’) 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 tech- nology, such as social media, applications, websites, tele- vision, motion pictures, artificial intelligence, mobile de- vices, computers, video games, virtual and augmented re- ality, and other content, networks, or platforms dissemi- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3193 nated 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 In- stitutes of Health, shall, as appropriate, develop a re- search 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, chil- dren, and adolescents, which may include effects re- lated to language development, learning abilities, and other areas of cognitive development.
(2) The physical health of infants, children, and adolescents, which may include effects related to diet, exercise, sleeping and eating routines, and other areas of physical development.

(3) The mental health of infants, children, and adolescents, which may include effects related to self-awareness, social awareness, relationship skills, decision-making, violence, bullying, privacy, mental disorders, and other areas related to mental health.
(c) CONSULTATION.—In developing the research agenda under subsection (b), the Secretary may consult with appropriate national research institutes, academies, and centers, relevant consortia, and non-Federal experts, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3194 as appropriate.


The Secretary may utilize scientific work- shops, 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 Com- mittee on Energy and Commerce of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— (1) on the progress made in improving data and expanding research on the health and developmental effects of media and related technology on infants, children, and adolescents in accordance with this section; and (2) that summarizes the grants and research funded under this section for each of the years cov- ered 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 statu- tory authorization is enacted or amended by this title, the Secretary of Health and Human Services shall not allocate December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3195 funding, or require award recipients to prioritize, dedicate, or allocate funding, without consideration of the incidence, prevalence, or determinants of mental health or substance use issues, unless such allocation or requirement is con- sistent with statute, regulation, or other Federal law.

TITLE II—PREPARING FOR AND RESPONDING TO EXISTING VIRUSES, EMERGING NEW THREATS, AND PANDEMICS SEC.

2001.

SHORT TITLE.
2001.

SHORT TITLE.

This title may be cited as the ‘‘Prepare for and Re- spond 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 DIREC- TOR OF THE CENTERS FOR DISEASE CON- TROL AND PREVENTION.

(a) IN GENERAL.—Part A of title III of the Public Health Service Act (42 U.S.C.

241 et seq.)
241 et seq.)

is amended by inserting after section 304 the following: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3196 ‘‘SEC.

305.

APPOINTMENT AND AUTHORITY OF THE DIREC- TOR OF THE CENTERS FOR DISEASE CON- TROL AND PREVENTION.
‘‘(a) IN GENERAL.—The Centers for Disease Control and Prevention (referred to in this section as the ‘CDC’) shall be headed by the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘Director’), who shall be appointed by the President, by and with the advice and consent of the Senate.
Such indi- vidual shall also serve as the Administrator of the Agency for Toxic Substances and Disease Registry consistent with section 104(i) of the Comprehensive Environmental Re- sponse, Compensation, and Liability Act.

The Director shall perform functions provided for in subsection (b) and such other functions as the Secretary may prescribe.
‘‘(b) FUNCTIONS.—The Secretary, acting through the 17 Director, shall— ‘‘(1) implement and exercise applicable authori- ties and responsibilities provided for in this Act or other applicable law related to the investigation, de- tection, identification, prevention, or control of dis- eases or conditions to preserve and improve public health domestically and globally and address injuries and occupational and environmental hazards, as ap- propriate; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3197 ‘‘(2) be responsible for the overall direction of the CDC and for the establishment and implementa- tion of policies related to the management and oper- ation 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 coordi- nation across such centers, institutes, and offices, in- cluding through priority setting reviews and the de- velopment of strategic plans, to reduce unnecessary duplication and encourage collaboration between pro- grams; ‘‘(5) oversee the development, implementation, and updating of the strategic plan established pursu- ant to subsection (c); ‘‘(6) ensure that appropriate strategic planning, including the use of performance metrics, is con- ducted by such centers, institutes, and offices to fa- cilitate and improve CDC programs and activities; ‘‘(7) communicate, including through convening annual meetings, with public and private entities re- garding relevant public health programs and activi- ties, and, as applicable, the strategic plan estab- lished pursuant to subsection (c).
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3198 ‘‘(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 Direc- tor 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 Com- mittee on Appropriations of the House of Represent- atives, and post on the website of the CDC, a coordi- nated strategy to provide strategic direction and fa- cilitate collaboration across the centers, institutes, and offices within the CDC.
Such strategy shall be known as the ‘CDC Strategic Plan’.
‘‘(2) REQUIREMENTS.—The CDC Strategic Plan shall— ‘‘(A) identify strategic priorities and objec- tives related to— ‘‘(i) preventing, reducing, and elimi- nating the spread of communicable and noncommunicable diseases or conditions, and addressing injuries, and occupational and environmental hazards; ‘‘(ii) supporting the efforts of State, local, and Tribal health departments to December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3199 prevent and reduce the prevalence of the diseases or conditions under clause (i); ‘‘(iii) containing, mitigating, and end- ing disease outbreaks; ‘‘(iv) enhancing global and domestic public health capacity, capabilities, and preparedness, including public health data, surveillance, workforce, and laboratory ca- pacity and safety; and ‘‘(v) other priorities, as established by the Director; ‘‘(B) describe the capacity and capabilities necessary to achieve the priorities and objec- tives under subparagraph (A), and progress to- wards 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 enti- ties, as appropriate; and ‘‘(iii) coordination with other agencies and offices of the Department of Health December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3200 and Human Services and other Federal de- partments and agencies, as appropriate.

‘‘(3) USE OF PLANS.—Strategic plans developed and updated by the centers, institutes, and offices of the CDC shall be prepared regularly and in such a manner that such plans will be informed by the CDC Strategic Plan developed and updated under this subsection.
‘‘(d) APPEARANCES BEFORE CONGRESS.— ‘‘(1) IN GENERAL.—Each fiscal year, the Direc- tor 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, in- cluding— ‘‘(i) any objectives, activities, or initia- tives that have been carried out, or are planned, by the Director to prepare for, or respond to, the public health emergency, including relevant strategic communica- tions or partnerships and any gaps or chal- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3201 lenges identified in such objectives, activi- ties, or initiatives; ‘‘(ii) any objectives and planned ac- tivities for the upcoming fiscal year to ad- dress gaps in, or otherwise improve, State, local, and Tribal public health prepared- ness; 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 sub- section (b); and ‘‘(C) updates on other relevant activities supported or conducted by the CDC, or in col- laboration or coordination with the heads of other Federal departments, agencies, or stake- holders, 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 re- quirements of paragraph (1) for the applicable December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3202 fiscal year with respect to the applicable Com- mittee.
‘‘(B) SCOPE OF REQUIREMENTS.—The re- quirements of this subsection shall not be con- strued to impact the appearance of other Fed- eral officials or the Director at hearings of ei- ther Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1).
‘‘(3) CLOSED HEARINGS.—Information that is not appropriate for disclosure during an open hear- ing under paragraph (1) in order to protect national security may instead be discussed in a closed hear- ing 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 pur- poses of infectious disease research, biosurveillance, infectious disease modeling, and public health pre- paredness and response.
‘‘(2) WRITTEN DETERMINATION.—With respect to a project that is expected to cost the Centers for Disease Control and Prevention more than December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3203 $40,000,000, the Director may exercise the author- ity 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 author- ity of the Assistant Secretary for Financial Re- sources under this paragraph may not be delegated.
‘‘(3) GUIDELINES.—The Director, in consulta- tion with the Secretary, shall establish guidelines re- garding the use of the authority under paragraph (1).

Such guidelines shall include auditing require- ments.’’.

(b) EFFECTIVE DATE.—The first sentence of section 305(a) of the Public Health Service Act, as added by sub- section (a), shall take effect on January 20, 2025.

SEC.

2102.

ADVISORY COMMITTEE TO THE DIRECTOR OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
Title III of the Public Health Service Act (42 U.S.C.

241 et seq.)

is amended by inserting after section 305, as added by section 2101, the following: ‘‘SEC.

305A.

ADVISORY COMMITTEE TO THE DIRECTOR.

‘‘(a) IN GENERAL.—Not later than 60 days after the date of the enactment of the PREVENT Pandemics Act, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3204 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 strate- gies that enable the agency to fulfill its mission.
‘‘(b) FUNCTIONS AND ACTIVITIES.—The Advisory Committee may— ‘‘(1) make recommendations to the Director re- garding ways to prioritize the activities of the agen- cy in alignment with the CDC Strategic Plan re- quired under section 305(c); ‘‘(2) advise on ways to achieve or improve per- formance metrics in relation to the CDC Strategic Plan, and other relevant metrics, as appropriate; ‘‘(3) provide advice and recommendations on the development of the CDC Strategic Plan, and any subsequent updates, as appropriate; ‘‘(4) advise on grants, cooperative agreements, contracts, or other transactions, as applicable; ‘‘(5) provide other advice to the Director, as re- quested, to fulfill duties under sections 301 and 311; and ‘‘(6) appoint subcommittees.
‘‘(c) MEMBERSHIP.— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3205 ‘‘(1) IN GENERAL.—The Advisory Committee shall consist of not more than 15 non-Federal mem- bers, 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 deter- mines necessary for the advisory committee to effectively carry out its functions.
‘‘(3) APPOINTED MEMBERS.—Individuals shall be appointed to the Advisory Committee under para- graph (1) as follows: ‘‘(A) Twelve of the members shall be ap- pointed by the Director from among the leading representatives of the health disciplines (includ- ing public health, global health, health dispari- ties, biomedical research, public health pre- paredness, and other fields, as applicable) rel- evant to the activities of the agency or center, as applicable.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3206 ‘‘(B) Three of the members may be ap- pointed by the Secretary from the general pub- lic and may include leaders in fields of innova- tion, public policy, public relations, law, eco- nomics, or management.
‘‘(4) COMPENSATION.—Ex officio members of the Advisory Council who are officers or employees of the United States shall not receive any compensa- tion for service on the advisory committee.
The re- maining members of the advisory committee may re- ceive, for each day (including travel time) they are engaged in the performance of the functions of the advisory committee, compensation at rates not to ex- ceed 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 ap- pointments to the advisory committee in such a manner as to ensure that the terms of the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3207 members not all expire in the same year.

A member of the advisory committee may serve after the expiration of such member’s term until a successor has been appointed and taken office.
‘‘(B) REAPPOINTMENTS.—A member who has been appointed to the advisory committee for a term of 4 years may not be reappointed to the advisory committee during the 2-year pe- riod beginning on the date on which such 4- year term expired.

‘‘(C) TIME FOR APPOINTMENT.—If a va- cancy occurs in the advisory committee among the members appointed under paragraph (3), the Secretary shall make an appointment to fill such vacancy within 90 days from the date the vacancy occurs.
‘‘(d) CHAIR.—The Secretary shall select a member of the advisory committee to serve as the Chair of the com- mittee.

The Secretary may so select an individual from among the appointed members.

The term of office of the chair shall be 2 years.

23 24 25 ‘‘(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.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3208 ‘‘(f) EXECUTIVE SECRETARY AND STAFF.—The Di- rector shall designate a member of the staff of the agency to serve as the executive secretary of the advisory com- mittee.

The Director shall make available to the advisory committee such staff, information, and other assistance as it may require to carry out its functions.
The Director shall provide orientation and training for new members of the advisory committee to provide for their effective participation in the functions of the advisory committee.’’.

SEC.

2103.

PUBLIC HEALTH AND MEDICAL PREPAREDNESS AND RESPONSE COORDINATION.

(a) PUBLIC HEALTH EMERGENCY FUND.—Section 319(b) of the Public Health Service Act (42 U.S.C.
14 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 Na- tional Stockpile, as appropriate; and’’; and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3209 (2) by amending paragraph (3)(A) to read as follows: ‘‘(A) the expenditures made from the Pub- lic Health Emergency Fund in such fiscal year, including— ‘‘(i) the amount obligated; ‘‘(ii) the recipient or recipients of such obligated funds; ‘‘(iii) the specific response activities such obligated funds will support; and ‘‘(iv) the declared or potential public health emergency for which such funds were obligated; and’’.
(b) IMPROVING PUBLIC HEALTH AND MEDICAL PRE- PAREDNESS AND RESPONSE COORDINATION.— (1) COORDINATION WITH FEDERAL AGEN- CIES.—Section 2801 of the Public Health Service Act (42 U.S.C.
300hh) is amended by adding at the end the following: ‘‘(c) COORDINATION WITH FEDERAL AGENCIES.—In leading the Federal public health and medical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may request support from, other Federal departments and agencies, as appropriate in order to carry out necessary December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3210 activities and leverage the expertise of such departments and agencies, which may include the provision of assist- ance at the direction of the Secretary related to supporting the public health and medical response for States, local- ities, 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 Frame- work and other applicable provisions of law, as- sist 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 ac- tions necessary to overcome these obsta- cles, such as— ‘‘(i) improving coordination with rel- evant 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3211 ‘‘(iii) coordinating efforts to support or establish new capabilities, as appro- priate.’’; (ii) in subparagraph (G)— (I) by redesignating clauses (i) and (ii) as subclauses (I) and (II) and adjusting the margins accordingly; (II) in the matter preceding sub- clause (I), as so redesignated— (aa) by inserting ‘‘each year, including national-level and State-level full-scale exercises not less than once every 4 years’’ after ‘‘operational exercises’’; and (bb) by striking ‘‘exercises based on—’’ and inserting ‘‘exer- cises— ‘‘(i) based on’’; (III) by striking the period and inserting a semicolon; and (IV) by adding at the end the fol- lowing: ‘‘(ii) that assess the ability of the Strategic National Stockpile, as appro- priate, to provide medical countermeasures, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3212 medical products, and other supplies, in- cluding ancillary medical supplies, to sup- port the response to a public health emer- gency 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 fol- lowing: ‘‘(J) MEDICAL PRODUCT AND SUPPLY CA- PACITY PLANNING.—Coordinate efforts within the Department of Health and Human Services to support— ‘‘(i) preparedness for medical product and medical supply needs directly related to responding to chemical, biological, radio- logical, or nuclear threats, including emerging infectious diseases, and incidents covered by the National Response Frame- work, including— ‘‘(I) sharing information, includ- ing with appropriate stakeholders, re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3213 lated to the anticipated need for, and availability of, such products and sup- plies during such responses; ‘‘(II) supporting activities, which may include public-private partner- ships, to maintain capacity of medical products and medical supplies, as ap- plicable 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 re- spect to anticipated need for, and avail- ability of, such medical products and med- ical supplies within the United States dur- ing a response to such a threat.’’.
(c) APPEARANCES BEFORE AND REPORTS TO CON- GRESS.—Section 2811 of the Public Health Service Act (42 U.S.C.

300hh–10) is amended by adding at the end the following: 22 23 24 25 ‘‘(g) APPEARANCES BEFORE CONGRESS.— ‘‘(1) IN GENERAL.—Each fiscal year, the As- sistant Secretary for Preparedness and Response shall appear before the Committee on Health, Edu- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3214 cation, 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 emer- gencies; ‘‘(B) activities and capabilities of the Stra- tegic 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 counter- measures budget plan described under sub- section (b)(7), including— ‘‘(i) any challenges in meeting the full range of identified medical countermeasure needs; and ‘‘(ii) progress in supporting advanced research, development, and procurement of medical countermeasures, pursuant to sub- section (b)(3); ‘‘(E) the strategic direction of, and activi- ties related to, the sustainment of manufac- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3215 turing surge capacity and capabilities for med- ical countermeasures pursuant to section 319L and the distribution and deployment of such countermeasures; ‘‘(F) any additional objectives, activities, or initiatives that have been carried out or are planned by the Assistant Secretary for Pre- paredness and Response and associated chal- lenges, 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 de- scribed in subparagraphs (A) through (F); and ‘‘(H) objectives, activities, or initiatives re- lated to the coordination and consultation re- quired under subsections (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 re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3216 quirements of paragraph (1) for the applicable fiscal year with respect to the applicable Com- mittee.
‘‘(B) SCOPE OF REQUIREMENTS.—The re- quirements of this subsection shall not be con- strued to impact the appearance of other Fed- eral officials or the Assistant Secretary at hear- ings of either Committee described in para- graph (1) at other times and for purposes other than the times and purposes described in para- graph (1) ‘‘(3) CLOSED HEARINGS.—Information that is not appropriate for disclosure during an open hear- ing under paragraph (1) in order to protect national security may instead be discussed in a closed hear- ing that immediately follows such open hearing.’’.
(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPAREDNESS.—Section 2801 of the Public Health Service Act (42 U.S.C.
300hh), as amended by subsection (b), is further amended by adding at the end the following: ‘‘(d) ANNUAL REPORT ON EMERGENCY RESPONSE AND PREPAREDNESS.—The Secretary shall submit a writ- ten report each fiscal year to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on En- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3217 ergy and Commerce and the Committee on Appropriations of the House of Representatives, containing— ‘‘(1) updated information related to an assess- ment of the response to any public health emergency declared, or otherwise in effect, during the previous fiscal year; ‘‘(2) findings related to drills and operational exercises completed in the previous fiscal year pursu- ant to section 2811(b)(4)(G); ‘‘(3) the state of public health preparedness and response capabilities for chemical, biological, radio- logical, and nuclear threats, including emerging in- fectious diseases; and ‘‘(4) any challenges in preparing for or respond- ing to such threats, as appropriate.’’.
(e) GAO REPORT ON INTERAGENCY AGREEMENTS AND COORDINATION.—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a review of previous and current interagency agreements established between the Sec- retary of Health and Human Services and the heads of other relevant Federal departments or agencies pursuant to section 2801(b) of the Public Health Service Act (42 U.S.C.
300hh(b)), including— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3218 (A) the specific roles and responsibilities of each Federal department or agency that is a party to any such interagency agreement; (B) the manner in which specific capabili- ties of each such Federal department or agency may be utilized under such interagency agree- ments; (C) the frequency with which such inter- agency agreements have been utilized; (D) gaps, if any, in interagency agree- ments that prevent the Secretary from carrying out the goals under section 2802 of the Public Health Service Act (42 U.S.C.
300hh–1); (E) barriers, if any, to establishing or uti- lizing 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 iden- tified 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, Edu- cation, Labor, and Pensions of the Senate and the December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3219 Committee on Energy and Commerce of the House of Representatives a report on the reviews under paragraphs (1) and (2), including related rec- ommendations, as applicable.

SEC.

2104.

OFFICE OF PANDEMIC PREPAREDNESS AND RE- SPONSE POLICY.
(a) IN GENERAL.—There is established in the Execu- tive Office of the President an Office of Pandemic Pre- paredness and Response Policy (referred to in this section as the ‘‘Office’’), which shall be headed by a Director (re- ferred 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 au- thorized to appoint not more than 2 Associate Directors, who shall be compensated at a rate not to exceed that pro- vided for level III of the Executive Schedule in section 5314 of such title.

Associate Directors shall perform such functions as the Director may prescribe.
(b) FUNCTIONS OF THE DIRECTOR.—The primary function of the Director is to provide advice, within the Executive Office of the President, on policy related to pre- paredness for, and response to, pandemic and other bio- logical threats that may impact national security, and sup- port strategic coordination and communication with re- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3220 spect to relevant activities across the Federal Government.
In addition to such other functions and activities as the President may assign, the Director, consistent with appli- cable laws and the National Response Framework, shall— (1) serve as the principal advisor to the Presi- dent on all matters related to pandemic prepared- ness and response policy and make recommendations to the President regarding pandemic and other bio- logical 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, agen- cies, and offices, including— (i) the establishment, implementation, prioritization, and assessment of policy goals and objectives across the Executive Office of the President and such depart- ments, agencies, and offices; (ii) supporting the assessment and clarification of roles and responsibilities re- lated to such Federal activities; and (iii) supporting the development and implementation of metrics and perform- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3221 ance measures to evaluate the extent to which applicable activities meet such goals and objectives; (B) providing, in consultation with the Secretary of Health and Human Services and the heads of other relevant Federal depart- ments, agencies, and offices, leadership with re- spect to the National Biodefense Strategy and related activities pursuant to section 1086 of the National Defense Authorization Act for Fis- cal 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 commu- nication between such Federal departments, agencies, and offices to improve preparedness for, and response to, such threats; (D) ensuring that the authorities, capabili- ties, and expertise of each such department, agency, and office are appropriately leveraged to facilitate the whole-of-Government response to such threats; (E) overseeing coordination of Federal ef- forts to prepare for and support the production, December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3222 supply, and distribution of relevant medical products and supplies during a response to a pandemic or other biological threat, as applica- ble and appropriate, including supporting Fed- eral efforts to assess any relevant vulnerabilities in the supply chain of such products and sup- plies, and identify opportunities for private enti- ties to engage with the Federal Government to address medical product and medical supply needs during such a response; (F) overseeing coordination of Federal ef- forts for the basic and advanced research, de- velopment, manufacture, and procurement of medical countermeasures for such threats, in- cluding 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, de- velopment, and procurement activities of December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3223 respective Federal departments and agen- cies, including to advance the discovery and development of new medical products and technologies; (G) convening heads of Federal depart- ments and agencies, as appropriate, on topics related to capabilities to prepare for, and re- spond to, such threats; (H) assessing and advising on inter- national cooperation in preparing for, and re- sponding to, such threats to advance the na- tional security objectives of the United States; and (I) overseeing other Federal activities to assess preparedness for, and responses to, such threats, including— (i) drills and operational exercises conducted pursuant to applicable provi- sions of law; and (ii) Federal after-action reports devel- oped following such drills and exercises or a response to a pandemic or other biologi- cal threat; (3) promote and support the development of relevant expertise and capabilities within the Federal December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3224 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, includ- ing the Assistant to the President for National Secu- rity Affairs and the Director of the Office of Science and Technology Policy, regarding activities related to preparing for, and responding to, such threats and relevant research and emerging technologies that may advance the biosecurity and preparedness and response goals of the Federal Government; (5) identify opportunities to leverage current and emerging technologies, including through public- private partnerships, as appropriate, to address such threats and advance the preparedness and response goals of the Federal Government; and (6) ensure that findings of Federal after-action reports conducted pursuant to paragraph (2)(I)(ii) are implemented to the maximum extent feasible within the Federal Government.
(c) SUPPORT FROM OTHER AGENCIES.—Each de- partment, agency, and instrumentality of the executive December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3225 branch of the Federal Government, including any inde- pendent 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 Di- rector under this section.
(d) PREPAREDNESS OUTLOOK REPORT.— (1) IN GENERAL.—Within its first year of oper- ation, the Director, in consultation with the heads of relevant Federal departments and agencies and other officials within the Executive Office of the President, shall through a report submitted to the President and made available to the public, to the extent practicable, identify and describe situations and conditions which warrant special attention with- in the next 5 years, involving current and emerging problems of national significance related to pan- demic or other biological threats, and opportunities for, and the barriers to, the research, development, and procurement of medical countermeasures to ade- quately respond to such threats.
(2) REVISIONS.—The Office shall revise the re- port under paragraph (1) not less than once every 5 years and work with relevant Federal officials to address the problems, barriers, opportunities, and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3226 actions identified under this report through the de- velopment of the President’s Budgets and programs.
(e) INTERDEPARTMENTAL WORKING GROUP.—The Director shall lead an interdepartmental working group that will meet on a regular basis to evaluate national bio- security and pandemic preparedness issues and make rec- ommendations to the heads of applicable Federal depart- ments, agencies and offices.
The working group shall con- sist of representatives from— (1) the Office of Pandemic Preparedness and Response Policy, to serve as the chair; (2) the Department of Health and Human Services; (3) the Department of Homeland Security; (4) the Department of Defense; (5) the Office of Management and Budget; and (6) other Federal Departments and agencies.
(f) INDUSTRY LIAISON.— (1) IN GENERAL.—Not later than 10 days after the initiation of a Federal response to a pandemic or other biological threat that may pose a risk to na- tional security, the Director shall appoint an Indus- try Liaison within the Office of Pandemic Prepared- ness and Response Policy to serve until the termi- nation of such response.

1 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3227 (2) ACTIVITIES.—The Industry Liaison shall— (A) not later than 20 days after the initi- ation of such response, identify affected indus- tries and develop a plan to regularly commu- nicate with, and receive input from, affected in- dustries; (B) work with relevant Federal depart- ments and agencies to support information sharing and coordination with industry stake- holders; and (C) communicate, and support the provi- sion of technical assistance, as applicable, with private entities interested in supporting such re- sponse, which may include entities not histori- cally 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 Coun- cil; (B) serve as a member of the Intergovern- mental Science, Engineering, and Technology December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3228 Advisory Panel under section 205(b) of the Na- tional Science and Technology Policy, Organiza- tion, 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, equip- ment, 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 pri- vate entities, as applicable and appropriate; and (2) may hold such hearings in various parts of the United States as necessary to determine the views of the entities and individuals referred to in paragraph (1) and of the general public, concerning national needs and trends in pandemic preparedness and response.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3229 (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 Sec- retary of a department or head of an agency, the temporary reassignment within the Federal Govern- ment of personnel employed by such department or agency, in order to carry out the functions of the Of- fice.
(i) PREPAREDNESS REVIEW AND REPORT.—The Di- rector, in consultation with the heads of applicable Federal departments, agencies, and offices, shall— December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3230 (1) not later than 1 year after the date of en- actment of this Act, conduct a review of applicable Federal strategies, policies, procedures, and after-ac- tion reports to identify gaps and inefficiencies re- lated to pandemic preparedness and response; (2) not later than 18 months after the date of enactment of this Act, and every 2 years thereafter, submit to the President and the Committee on Health, Education, Labor, and Pensions of the Sen- ate and the Committee on Energy and Commerce of the House of Representatives a report describing— (A) current and emerging pandemic and other biological threats that pose a significant level of risk to national security; (B) the roles and responsibilities of the Federal Government in preparing for, and re- sponding to, such threats; (C) the findings of the review conducted under paragraph (1); (D) any barriers or limitations related to addressing such findings; (E) current and planned activities to up- date Federal strategies, policies, and procedures to address such findings, consistent with appli- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3231 cable laws and the National Response Frame- work; (F) current and planned activities to sup- port the development of expertise within the Federal Government pursuant to subsection (b)(3); and (G) opportunities to improve Federal pre- paredness and response capacities and capabili- ties 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 Serv- ice Act (42 U.S.C.
300hh–10a) is amended— (A) in the second sentence of subsection (a), by striking ‘‘shall serve as chair’’ and in- serting ‘‘and the Director of the Office of Pan- demic Preparedness and Response Policy shall serve as co-chairs’’; and (B) in subsection (b)— (i) by redesignating paragraph (10) as paragraph (11); and December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3232 (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 ‘‘Treas- ury,’’.

(3) The National Science and Technology Pol- icy, Organization, and Priorities Act of 1976 (42 U.S.C.

6601 et seq.)
6601 et seq.)

is amended— (A) in section 205(b)(2) (42 U.S.C.

6614(b)(2))— (i) by striking ‘‘and (C)’’ and insert- ing ‘‘(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’’.
December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3233 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 Pub- lic 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 emer- gency’’; (B) by amending clause (viii) to read as follows: ‘‘(viii) a description of how the entity, as applicable and appropriate, will coordi- nate with State emergency preparedness and response plans in public health emer- gency preparedness, including State edu- cation agencies (as defined in section 8101 of the Elementary and Secondary Edu- cation 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’’; December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3234 (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 fol- lowing: ‘‘(xii) a description of how the entity will provide technical assistance to improve public health preparedness and response, as appropriate, to agencies or other enti- ties that operate facilities within the enti- ty’s jurisdiction in which there is an in- creased risk of infectious disease outbreaks in the event of a public health emergency declared under section 319, such as resi- dential care facilities, group homes, and other similar settings; and’’; (2) by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), re- spectively; and (3) by inserting after subparagraph (C) the fol- lowing: ‘‘(D) an assurance that the entity will re- quire relevant staff to complete relevant pre- paredness and response trainings, including December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3235 trainings related to efficient and effective oper- ation during an incident or event within an In- cident Command System;’’.

(b) APPLICABILITY.—The amendments made by sub- section (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 DUR- ING 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 fol- lowing: ‘‘(24) support the continued access to, or avail- ability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 319, including in consultation with, as appropriate, the Assistant Sec- retary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant agencies, in pre- December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3236 paring for, and responding to, a public health emer- gency;’’.

(b) STRATEGIC PLAN.—Section 501(l)(4) of the Pub- lic Health Service Act (42 U.S.C.
290aa(l)(4)) is amend- ed— (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 con- tinued access to, or availability of, mental health and substance use disorder services, in- cluding to at-risk individuals (as defined in sec- tion 2802(b)(4)), during, or in response to, public health emergencies declared pursuant to section 319.’’.
(c) BIENNIAL REPORT CONCERNING ACTIVITIES AND PROGRESS.—Section 501(m) of the Public Health Service Act (42 U.S.C.

290aa(m)) is amended— (1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; (2) by inserting after paragraph (3) the fol- lowing: December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.
3237 ‘‘(4) a description of the Administration’s ac- tivities to support the continued provision of mental health and substance use disorder services, as appli- cable, in response to public health emergencies de- clared pursuant to section 319;’’; and (3) in paragraph (5), as so redesignated— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respec- tively; 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 Sec- retary for Mental Health and Substance Use shall issue a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Rep- resentatives, reflecting the feedback of the advisory coun- cils 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 December 19, 2022 (11:48 p.m.) U:\2023OMNI\FinalFY23\JRQ121922.xml SEN. APPRO.

3238 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.