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117-s-4614 | II 117th CONGRESS 2d Session S. 4614 IN THE SENATE OF THE UNITED STATES July 26, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to provide criteria for use of Federal funds to support trauma-informed practices in schools, and for other purposes.
1. Short title This Act may be cited as the Trauma-Informed Schools Act of 2022 . 2. Trauma-informed practices (a) Definition Section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (51) and (52) as paragraphs (52) and (53), respectively; and (2) by inserting after paragraph (50) the following: (51) Trauma-informed practices The term trauma-informed practices means— (A) evidence-based professional development that promotes a shared understanding among teachers, teachers assistants, school leaders, paraprofessionals, specialized instructional support personnel, and other staff that— (i) adverse and potentially traumatic experiences are common among students; (ii) trauma can impact student learning, behavior, and relationships in school; (iii) adverse and potentially traumatic experiences do not inherently undermine the capabilities of students to reach high expectations in academics and life; (iv) school-wide learning environments where all students and adults feel safe, welcomed, and supported can enable students to succeed despite adverse and potentially traumatic experiences; and (v) services, supports, and programs provided to meet individual student needs should be trauma informed, where appropriate, and increase student connection to the school-wide learning environment; (B) adoption of disciplinary procedures and practices that— (i) accompany disciplinary actions with holistic assessments and positive behavioral interventions and supports to address the underlying causes of student behavior, including trauma; (ii) avoid harsh, punitive, or exclusionary disciplinary practices; (iii) utilize evidence-based restorative practices that build a culture of trust; and (iv) do not discriminate on the basis of race, color, national origin, sex (including sexual orientation or gender identity), disability, English proficiency status, migrant status, or age consistent with the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); and (C) activities that engage teachers, teachers assistants, school leaders, paraprofessionals, specialized instructional support personnel, other staff, and families in a process of school-based planning to— (i) promote a school-wide culture of acceptance; (ii) help all students feel safe and connected to the school community; (iii) support all students to form positive relationships with adults and peers, understand and manage emotions, achieve success academically and in extra-curricular areas, and experience physical and psychological health and well-being; (iv) promote teamwork and effective communication among all staff and shared responsibility for every student; (v) integrate evidence-based practices that build social-emotional skills into rigorous academic instruction; and (vi) recognize and prevent adult implicit bias. . (b) State plan Section 1111(g)(1)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(C) ) is amended— (1) by striking reducing ; (2) in clause (i), by inserting reducing before incidences ; (3) in clause (ii)— (A) by inserting reducing before the overuse ; and (B) by striking and ; (4) in clause (iii)— (A) by inserting reducing before the use ; and (B) by inserting and after safety; ; and (5) by adding at the end the following: (iv) increasing the prevalence of trauma-informed practices; . (c) Plan provisions Section 1112(b) of such Act ( 20 U.S.C. 6312(b) ) is amended— (1) by redesignating paragraphs (12) and (13) as paragraphs (13) and (14), respectively; and (2) by inserting after paragraph (11) the following: (12) how the local educational agency will support efforts to increase the prevalence of trauma-informed practices; . (d) Schoolwide program Section 1114(b)(7)(A)(iii) of such Act ( 20 U.S.C. 6314(b)(7)(A)(iii) ) is amended— (1) in subclause (IV), by striking at the end and ; and (2) by adding at the end the following: (VI) the implementation of trauma-informed practices; and . (e) Training Section 2101 of such Act ( 20 U.S.C. 6611 ) is amended— (1) in subsection (c)(4)(B)— (A) by redesignating clauses (xv) through (xxi) as clauses (xvi) through (xxii), respectively; and (B) by inserting after clause (xiv) the following: (xv) Providing training for all teachers, school leaders, paraprofessionals, and specialized instructional support personnel on trauma-informed practices. ; and (2) in subsection (d)(2)— (A) by redesignating subparagraphs (K) through (M) as subparagraphs (L) through (N) respectively; and (B) by inserting after subparagraph (J) the following: (K) A description of how the State educational agency will use funds under this part to increase the prevalence of trauma-informed practices. . (f) Local use of funds Section 2103(b)(3)(I) of such Act ( 20 U.S.C. 6613(b)(3)(I) ) is amended— (1) by redesignating clauses (i) through (iv) as clauses (ii) through (v), respectively; and (2) by inserting before clause (ii), as redesignated, the following: (i) trauma-informed practices; . (g) State activities Section 4104(b)(3)(B)(ii) of such Act ( 20 U.S.C. 7114(b)(3)(B)(ii) ) is amended— (1) in subclause (I), by striking at the end or ; (2) in subclause (II), by inserting or at the end; and (3) by inserting at the end the following: (III) increase the prevalence of trauma-informed practices; . (h) State application Section 4203(a)(6) of such Act ( 20 U.S.C. 7173(a)(6) ) is amended by striking development; and inserting development, which may include professional development on trauma-informed practices; . (i) Description of plan Section 4303(f)(1)(A)(viii) of such Act ( 20 U.S.C. 7221b(f)(1)(A)(viii) ) is amended— (1) in subclause (I), by striking at the end and ; (2) in subclause (II), by inserting and at the end; and (3) by inserting at the end the following: (III) adopting trauma-informed practices; . (j) Application requirements Section 4305(b)(3)(B)(ii) of such Act ( 20 U.S.C. 7221d(b)(3)(B)(ii) ) is amended— (1) in subclause (II), by striking and ; (2) in subclause (III), by inserting and at the end; and (3) by inserting at the end the following: (IV) the discipline practices that will be used, including a description of whether such practices are consistent with trauma-informed practices; . | https://www.govinfo.gov/content/pkg/BILLS-117s4614is/xml/BILLS-117s4614is.xml |
117-s-4615 | II 117th CONGRESS 2d Session S. 4615 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Rounds (for himself and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of Defense to seek to engage with the Ministry of Defence of the Kingdom of Jordan for the purpose of expanding cooperation of military cybersecurity activities, and for other purposes.
1. Military cybersecurity cooperation with Kingdom of Jordan (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Under Secretary of Defense for Policy, in coordination with the Commander of United States Cyber Command, the Commander of United States Central Command, and the Secretary of State, seek to engage their counterparts within the Ministry of Defence of the Kingdom of Jordan for the purpose of expanding cooperation of military cybersecurity activities. (b) Cooperation efforts The efforts to expand cooperation required by subsection (a) may include the following efforts between the Department of Defense and the Ministry of Defence of the Kingdom of Jordan: (1) Bilateral cybersecurity training activities and exercises. (2) Efforts to— (A) actively defend military networks, infrastructure, and systems; (B) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems; and (C) leverage United States commercial and military cybersecurity technology and services to harden and defend those networks, infrastructure, and systems. (3) Establishment of a regional cybersecurity center. (c) Briefings (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Secretary of State, provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents The briefing required by paragraph (1) shall include the following: (A) An overview of efforts undertaken pursuant to this section. (B) A description of the feasibility and advisability of expanding cooperation with the Ministry of Defence of the Kingdom of Jordan on military cybersecurity. (C) Identification of any challenges and resources that need to be addressed so as to expand cooperation with the Ministry of Defence of the Kingdom of Jordan on military cybersecurity. (D) Any other matter the Secretary considers relevant. (3) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4615is/xml/BILLS-117s4615is.xml |
117-s-4616 | II 117th CONGRESS 2d Session S. 4616 IN THE SENATE OF THE UNITED STATES July 26, 2022 Ms. Warren (for herself, Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Kaine , Ms. Klobuchar , Mr. Luján , Mr. Markey , Mr. Murphy , Mr. Sanders , Ms. Smith , Ms. Stabenow , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title XXVII of the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to strengthen parity in mental health and substance use disorder benefits.
1. Short title This Act may be cited as the Behavioral Health Coverage Transparency Act of 2022 . 2. Strengthening parity in mental health and substance use disorder benefits (a) Public Health Service Act Section 2726(a)(8) of the Public Health Service Act ( 42 U.S.C. 300gg–26(a)(8) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i)— (A) by inserting (including entities that provide administrative services in connection with a group health plan, such as third party administrators) after insurance coverage ; and (B) by striking and, beginning 45 days after and all that follows through upon request, and inserting and submit to the Secretary (or the Secretary of Labor or the Secretary of the Treasury, as applicable), on an annual basis (and at any other time upon request of the Secretary), and to the applicable State authority upon request, ; (2) in subparagraph (B)— (A) in the heading, by striking request and inserting review ; (B) in clause (i)— (i) in the heading, by striking Submission upon request and inserting In general ; (ii) by striking shall request and all that follows through coverage submit and insert shall conduct a review of ; and (iii) by striking shall request not fewer than 20 and inserting shall conduct a review of not fewer than 60 ; (C) in clause (ii)— (i) in the first sentence, by striking as requested under clause (i) and inserting as submitted under such subparagraph ; (ii) in the first sentence, by striking to be responsive to the request under clause (i) for and inserting to enable ; and (iii) in the second sentence, by striking , as requested under clause (i) ; (D) in clause (iii)— (i) in subclause (I), by striking , as requested under clause (i), ; and (ii) by adding at the end of subclause (II) the following new sentence: The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence. ; and (E) in clause (iv)— (i) in subclause (I)— (I) by striking requested under clause (i) and inserting reviewed under clause (i) ; and (II) by striking after the final determination by the Secretary described in clause (iii)(I)(bb) and inserting by the Secretary as described in clause (iii)(I) ; (ii) in subclause (II), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iii) in subclause (III), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iv) in subclause (IV)— (I) by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; and (II) by striking and at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: (VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); (VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and (VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ; (3) in subparagraph (C)(i), by striking requested ; and (4) by adding at the end the following new subparagraphs: (D) Audit process Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans, health insurance issuers offering group or individual health insurance coverage, and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Labor and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. (E) Complaint process Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Labor and the Secretary of the Treasury, shall, with respect to group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. (F) Coverage disparity information For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Labor and the Treasury, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the following information with respect to the preceding calendar year: (i) Denial rates Data comparing the rates of and reasons for denial by group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. (ii) Network adequacy data Data comparing the network adequacy of group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. (iii) Reimbursement rates Data comparing the reimbursement rates of group health plans and health insurance issuers offering group or individual health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. . (b) Employee Retirement Income Security Act of 1974 Section 712(a)(8) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(a)(8) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i)— (A) by inserting (including entities that provide administrative services in connection with a group health plan, such as third party administrators) after insurance coverage ; and (B) by striking and, beginning 45 days after and all that follows through upon request, and inserting and submit to the Secretary (or the Secretary of Health and Human Services or the Secretary of the Treasury, as applicable), on an annual basis (and at any other time upon request of the Secretary), ; (2) in subparagraph (B)— (A) in the heading, by striking request and inserting review ; (B) in clause (i)— (i) in the heading, by striking Submission upon request and inserting In general ; (ii) by striking shall request and all that follows through coverage submit and insert shall conduct a review of ; and (iii) by striking shall request not fewer than 20 and inserting shall conduct a review of not fewer than 60 ; (C) in clause (ii)— (i) in the first sentence, by striking as requested under clause (i) and inserting as submitted under such subparagraph ; (ii) in the first sentence, by striking to be responsive to the request under clause (i) for and inserting to enable ; and (iii) in the second sentence, by striking , as requested under clause (i) ; (D) in clause (iii)— (i) in subclause (I), by striking , as requested under clause (i), ; and (ii) by adding at the end of subclause (II) the following new sentence: The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence. ; and (E) in clause (iv)— (i) in subclause (I)— (I) by striking requested under clause (i) and inserting reviewed under clause (i) ; and (II) by striking after the final determination by the Secretary described in clause (iii)(I)(bb) and inserting by the Secretary as described in clause (iii)(I) ; (ii) in subclause (II), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iii) in subclause (III), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iv) in subclause (IV)— (I) by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; and (II) by striking and at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: (VI) the name of each group health plan or health insurance issuer found not to have submitted comparative analyses in accordance with subparagraph (A); (VII) the name of each group health plan or health insurance issuer whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and (VIII) the name of any plan or coverage with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans or issuers shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ; (3) in subparagraph (C)(i), by striking requested ; and (4) by adding at the end the following new subparagraphs: (D) Audit process Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans, health insurance issuers offering group health insurance coverage, and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans or coverages per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and the Treasury, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan or coverage with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. (E) Complaint process Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall, with respect to group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans and coverage to file formal complaints of such plans or issuers being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. (F) Coverage disparity information For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Health and Human Services and the Treasury, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the following information with respect to the preceding calendar year: (i) Denial rates Data comparing the rates of and reasons for denial by group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. (ii) Network adequacy data Data comparing the network adequacy of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. (iii) Reimbursement rates Data comparing the reimbursement rates of group health plans and health insurance issuers offering group health insurance coverage (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. . (c) Internal Revenue Code of 1986 Section 9812(a)(8) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A), in the matter preceding clause (i)— (A) by inserting (including entities that provide administrative services in connection with a group health plan, such as third party administrators) after In the case of a group health plan ; and (B) by striking and, beginning 45 days after and all that follows through upon request, and inserting and submit to the Secretary (or the Secretary of Health and Human Services or the Secretary of Labor, as applicable), on an annual basis (and at any other time upon request of the Secretary), ; (2) in subparagraph (B)— (A) in the heading, by striking request and inserting review ; (B) in clause (i)— (i) in the heading, by striking Submission upon request and inserting In general ; (ii) by striking shall request and all that follows through plan submit and insert shall conduct a review of ; and (iii) by striking shall request not fewer than 20 and inserting shall conduct a review of not fewer than 60 ; (C) in clause (ii)— (i) in the first sentence, by striking as requested under clause (i) and inserting as submitted under such subparagraph ; (ii) in the first sentence, by striking to be responsive to the request under clause (i) for and inserting to enable ; and (iii) in the second sentence, by striking , as requested under clause (i) ; (D) in clause (iii)— (i) in subclause (I), by striking , as requested under clause (i), ; and (ii) by adding at the end of subclause (II) the following new sentence: The preceding sentence shall not apply with respect to disclosures made on or after the date of the enactment of this sentence. ; and (E) in clause (iv)— (i) in subclause (I)— (I) by striking requested under clause (i) and inserting reviewed under clause (i) ; and (II) by striking after the final determination by the Secretary described in clause (iii)(I)(bb) and inserting by the Secretary as described in clause (iii)(I) ; (ii) in subclause (II), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iii) in subclause (III), by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; (iv) in subclause (IV)— (I) by striking the comparative analyses requested under clause (i) and inserting such comparative analyses ; and (II) by striking and at the end; (v) in subclause (V), by striking the period and inserting a semicolon; and (vi) by adding at the end the following: (VI) the name of each group health plan found not to have submitted comparative analyses in accordance with subparagraph (A); (VII) the name of each group health plan whose comparative analyses were reviewed under clause (i) and found not to have submitted sufficient information for the Secretary to review; and (VIII) the name of any plan with respect to which a complaint has been submitted under subparagraph (C) and for which a final review finding has been issued. The requirements of this clause with respect to plans shall also apply to entities that provide administrative services in connection with a group health plan, such as third party administrators, if applicable. ; (3) in subparagraph (C)(i), by striking requested ; and (4) by adding at the end the following new subparagraphs: (D) Audit process Beginning 1 year after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, shall, in addition to conducting reviews in accordance with subparagraph (B), conduct randomized audits of group health plans and entities that provide administrative services in connection with a group health plan, such as third party administrators, to determine compliance with this section. Such audits shall be conducted on no fewer than 40 plans per calendar year (not including any reviews conducted under such subparagraph). In addition, the Secretary may, in cooperation with the Secretaries of Health and Human Services and Labor, as applicable, and in consultation with the Inspector General of the Department of Health and Human Services, the Inspector General of the Department of Labor, and the Inspector General of the Department of the Treasury, as applicable, conduct audits on any such plan with respect to which a complaint has been submitted under subparagraph (E) to determine compliance with this section. (E) Complaint process Not later than 6 months after the date of enactment of this subparagraph, the Secretary, in cooperation with the Secretary of Health and Human Services and the Secretary of Labor, shall, with respect to group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators), issue guidance to clarify the process and timeline for current and potential participants and beneficiaries (and authorized representatives and health care providers of such participants and beneficiaries) with respect to such plans to file formal complaints of such plans being in violation of this section, including guidance, by plan type, on the relevant State, regional, and national offices with which such complaints should be filed. (F) Coverage disparity information For the first calendar year that begins on or after the date that is 2 years after the date of the enactment of this subparagraph, and for each subsequent calendar year, the Secretary, in cooperation with the Secretaries of Health and Human Services and Labor, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate the following information with respect to the preceding calendar year: (i) Denial rates Data comparing the rates of and reasons for denial by group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) of claims for mental health benefits, substance use disorder benefits, and medical and surgical benefits, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. (ii) Network adequacy data Data comparing the network adequacy of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) based on claims for outpatient and inpatient mental health benefits, substance use disorder benefits, and medical and surgical benefits, including out-of-network utilization rates, the number and percentage of in-network providers accepting new patients, and average wait times between receiving initial treatment and diagnosis and follow-up treatment. (iii) Reimbursement rates Data comparing the reimbursement rates of group health plans (including entities that provide administrative services in connection with a group health plan, such as third party administrators) for the 10 most commonly billed mental health services, substance use services, and medical and surgical services, each as a percentage of rates payable for such services under title XVIII of the Social Security Act, disaggregated by the following categories: (I) Inpatient, in-network claims. (II) Inpatient, out-of-network claims. (III) Outpatient, in-network claims. (IV) Outpatient, out-of-network claims. (V) Emergency services. (VI) Prescription drug claims. . 3. Consumer parity unit for mental health and substance use disorder parity violations (a) Definitions In this section: (1) Applicable state authority The term applicable State authority has the meaning given the term in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 ). (2) Covered plan The term covered plan means any creditable coverage that is subject to any of the mental health parity laws described in paragraph (4). (3) Creditable coverage The term creditable coverage has the meaning given the term in section 2704(c) of the Public Health Service Act ( 42 U.S.C. 300gg–3(c) ). (4) Mental health parity law The term mental health parity law means— (A) section 2726 of the Public Health Service Act ( 42 U.S.C. 300gg–26 ); (B) section 712 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a ); (C) section 9812 of the Internal Revenue Code of 1986; or (D) any other Federal law that applies the requirements under any of the sections described in subparagraph (A), (B), or (C), or requirements that are substantially similar to the requirements under any such section, as determined by the Secretary, to creditable coverage. (5) Secretary The term Secretary means the Secretary of Health and Human Services. (6) Specified covered plan The term specified covered plan means a covered plan that is any of the following: (A) A group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )). (B) A Medicare Advantage plan offered under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). (C) A State plan (or waiver of such plan) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (D) A plan offered under the program established under chapter 89 of title 5, United States Code. (b) Establishment Not later than 6 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall establish a consumer parity unit with functions that include— (1) facilitating the centralized collection of, monitoring of, and response to consumer complaints (including provider complaints) regarding violations of mental health parity laws through developing and administering, in accordance with subsection (d)— (A) a single, toll-free telephone number; and (B) a public website portal, which may include enhancing a website portal in existence on the date of enactment of this Act; and (2) providing information to health care consumers regarding the disclosure requirements and enforcement under section 2726(a)(8) of the Public Health Service Act ( 42 U.S.C. 300gg–26(a)(8) ), section 712(a)(8) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a(a)(8) ), and section 9812(a)(8) of the Internal Revenue Code of 1986. (c) Website portal The Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall make available on the website portal established under subsection (b)(1)(B)— (1) any guidance and any reports issued by the Secretary, the Secretary of Labor, or the Secretary of the Treasury, under section 2726 of the Public Health Service Act ( 42 U.S.C. 300gg–26 ), section 712 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185a ), or section 9812 of the Internal Revenue Code of 1986, respectively; (2) any information obtained under subsection (b)(1) that it is in the public interest to disclose, through aggregated reported or other appropriate formats designed to protect confidential information in accordance with subsection (g); and (3) information on the results of, or progress on, any concluded or ongoing audits or investigations of the Secretary, the Secretary of Labor, or the Secretary of the Treasury, as applicable, under such section 2726, 712, or 9812, respectively, including the identity of each group health plan or health insurance issuer (including entities that provide administrative services in connection with a group health plan, such as third party administrators) that— (A) was the subject of a concluded audit or investigation; or (B) that is the subject of an ongoing audit or investigation and which was found, pursuant to such audit or investigation, not to have submitted NQTL analyses in accordance with such sections (or to have submitted incomplete NQTL analyses). (d) Response to consumer complaints and inquiries (1) Timely response to consumers The Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall establish reasonable procedures for the consumer parity unit established under this section to provide a response (in writing if appropriate) within 90 days to consumers regarding complaints received by the unit against, or inquiries concerning, a covered plan, at the discretion of the applicable agency, which shall at minimum include— (A) steps that have been taken by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer; (B) in the case such complaint relates to a specified covered plan, any responses received by the appropriate State or Federal enforcement agency from the covered plan; (C) any follow-up actions or planned follow-up actions by the appropriate State or Federal enforcement agency in response to the complaint or inquiry of the consumer; and (D) contact information of the appropriate enforcement agency for the consumer to obtain additional information on the complaint or inquiry. (2) Timely response to regulators A specified covered plan shall provide a response (in writing if appropriate) within 7 days to the appropriate State or Federal enforcement agency having jurisdiction over such plan (or, in the case such plan is a State plan (or wavier of such plan) under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), to the Secretary of Health and Human Services) concerning a consumer complaint or inquiry submitted to the consumer parity unit established under this section including— (A) steps that have been taken by the plan to respond to the complaint or inquiry of the consumer; (B) any responses received by the plan from the consumer; and (C) follow-up actions or planned follow-up actions by the plan in response to the complaint or inquiry of the consumer. (3) Provision of information to consumers (A) In general A covered plan shall comply with a consumer request for information in the control or possession of such covered plan concerning the coverage the consumer obtained from such covered plan within 7 days of receipt of such request. (B) Exceptions Notwithstanding subparagraph (A), a covered plan, and any agency or entity having jurisdiction over a covered plan, may not be required by this paragraph to make available to the consumer any information required to be kept confidential by any other provision of law. (4) Enforcement (A) Private insurance The provisions of paragraphs (2) and (3) shall apply to group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) as if such provisions were included in part D of title XXVII of such Act ( 42 U.S.C. 300g–111 et seq. ), part 7 of title I of the Employee Retirement Act of 1974 ( 29 U.S.C. 1181 et seq. ), and chapter 100 of the Internal Revenue Code of 1986. (B) Other specified covered plans (i) Medicare Advantage plans Section 1852 of the Social Security Act ( 42 U.S.C. 1395w–22 ) is amended by adding at the end the following new section: (o) Application of certain mental health parity complaint requirements An MA plan shall comply with the requirements of paragraphs (2) and (3) of section 3(d) of the Behavioral Health Coverage Transparency Act of 2022 . . (ii) Medicaid Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (I) in paragraph (86), by striking ; and at the end; (II) in paragraph (87)(D), by striking the period and inserting ; and ; and (III) by inserting after paragraph (87) the following new paragraph: (88) provide for compliance with the provisions of paragraphs (2) and (3) of section 3(d) of the Behavioral Health Coverage Transparency Act of 2022 . . (C) Other covered plans In the case of a covered plan that is not a specified covered plan, the Federal agency charged with the administration or supervision of such plan shall ensure that such plan complies with the provisions of paragraph (3). (e) Reports (1) In general Not later than December 31 of each year, the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall submit a report to Congress on the complaints received by the consumer parity unit established under this section in the prior year regarding covered plans. (2) Contents Each such report shall include information and analysis about complaint numbers, complaint types, and, where applicable, information about the resolution of complaints, including the identity of the group health plan or health insurance issuer that is the subject of such a complaint. (3) Consumer parity unit posting The Secretary shall submit such reports to the consumer parity unit established under this section, and such unit shall post the reports on the website portal established under subsection (b)(1)(B). (f) Data sharing Subject to any applicable standards for Federal or State agencies with respect to protecting personally identifiable information and data security and integrity, including the regulations under part 2 of title 42, Code of Federal Regulations— (1) the consumer parity unit established under this section shall share consumer complaint information with the Secretary, and the head of any other applicable Federal or State agency; and (2) the Secretary, and the head of any other applicable Federal or State agency, shall share data relating to consumer complaints regarding covered plans with such unit. (g) Privacy considerations (1) In general In carrying out this section, the consumer parity unit established under this section and the Secretary, in consultation with the Secretary of Labor, the Secretary of the Treasury, and the head of any other applicable agency, shall take measures to ensure that proprietary, personal, or confidential consumer information that is protected from public disclosure under section 552(b) or 552a of title 5, United States Code, or any other provision of law, is not made public under this section. (2) Exceptions The consumer parity unit established under this section may not obtain from a covered plan any personally identifiable information about a consumer from the records of the covered plan, except— (A) if the records are reasonably described in a request by the consumer parity unit established under this section, and the consumer provides appropriate consent for the disclosure and use of such information by the covered plan to such unit; or (B) as may be specifically permitted or required under other applicable provisions of law, including the regulations under part 2 of title 42, Code of Federal Regulations. (h) Collaboration (1) Agreements with other agencies The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall enter into a memorandum of understanding with any affected Federal regulatory agency regarding procedures by which any covered plan, and any other agency having jurisdiction over a covered plan, shall comply with this section. (2) Agreements with states To the extent practicable, an applicable State authority may receive appropriate complaints from the consumer parity unit established under this section, if— (A) the applicable State authority has the functional capacity to receive calls or electronic reports routed by the unit; (B) the applicable State authority has satisfied any conditions of participation that the unit may establish, including treatment of personally identifiable information and sharing of information on complaint resolution or related compliance procedures and resources; and (C) participation by the applicable State authority includes measures necessary to protect personally identifiable information in accordance with standards that apply to Federal agencies with respect to protecting personally identifiable information and data security and integrity. (3) Assistance to States The Secretary, the Secretary of Labor, the Secretary of the Treasury, and the heads of any other applicable agencies, shall provide assistance to States to increase the capacity of State governments to work with the Federal parity unit under this section, including through the provision of training and technical assistance, and identification of violations of mental health and substance use disorder parity protections. (i) Funding (1) Initial funding There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available until expended. (2) Authorization for subsequent years There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. 4. Grants for health insurance information concerning mental health and substance use disorder benefits (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall award grants to States to enable such States (or the Exchanges established under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) operating in such States) to establish, expand, or provide support for— (1) offices of health insurance consumer assistance; or (2) health insurance ombudsman programs, in order to enable such offices and programs to carry out the activities described in subsection (c). (b) Eligibility (1) In general To be eligible to receive a grant, a State shall designate an independent office of health insurance consumer assistance, or an ombudsman, that, directly or in coordination with State private and public health insurance regulators and consumer assistance organizations, receives and responds to inquiries and complaints concerning health insurance coverage with respect to Federal health insurance requirements and under State law relating to mental health or substance use disorder benefits. (2) Criteria A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. (c) Use of funds Funds received from a grant awarded under this section shall be used by an office of health insurance consumer assistance or health insurance ombudsman described in subsection (a) to— (1) assist with the filing of complaints and appeals, including filing appeals with the internal appeal or grievance process of the group health plan or health insurance issuer, Medicaid program, and Children’s Health Insurance Program involved, relating to mental health or substance use disorder benefits, and providing information about the external appeal process; (2) collect, track, and quantify problems and inquiries encountered by consumers; (3) educate consumers on their rights and responsibilities with respect to group health plans and health insurance coverage, Medicaid, and Children’s Health Insurance Program relating to mental health or substance use disorder benefits; (4) assist consumers with enrollment in a group health plan or health insurance coverage, Medicaid, and the Children’s Health Insurance Program by providing information, referral, and assistance; and (5) assist consumers in resolving problems with obtaining premium tax credits under section 36B of the Internal Revenue Code of 1986 by providing information, referral, and assistance. (d) Data collection As a condition of receiving a grant under subsection (a), an office of health insurance consumer assistance or ombudsman program shall be required to collect and report data to the Secretary and State public and private health insurance regulators on the types of problems and inquiries encountered by consumers relating to mental health or substance use disorder benefits. The Secretary shall utilize such data to identify areas where more enforcement action is necessary and shall share such information with State insurance regulators, the Secretary of Labor, and the Secretary of the Treasury for use in the enforcement activities of such agencies. (e) Funding (1) Initial funding There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $25,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available until expended. (2) Authorization for subsequent years There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s4616is/xml/BILLS-117s4616is.xml |
117-s-4617 | II 117th CONGRESS 2d Session S. 4617 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize contributions to international financial institutions to help build the resilience of member countries, and for other purposes.
1. Short title This Act may be cited as the International Financial Institutions Mobilization Act of 2022 . 2. Statement of policy on United States leadership at international financial institutions It is the policy of the United States— (1) to recognize rising debt stock in emerging market and developing countries as a national security and economic security threat and raise its importance in multilateral fora; (2) to leverage the voice and vote of the United States at international financial institutions to prevent future unsustainable debt stocks in emerging market and developing countries; (3) to promote rule-writing standards for transparency and disclosure that hold both debtors and creditors accountable, allow accurate debt sustainability assessments, and promote better debt management; (4) to lead the international community in translating the G20 Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (commonly known as the Common Framework ) into tangible action, including effective standstill for debt payments and credit revisions for petitioner countries and finalizing the debt treatment for the petitioner countries, beginning with Chad, Ethiopia, and Zambia; (5) to reduce timelines and increase confidence in outcomes for the Common Framework so that private creditors continue to provide sufficient finances to petitioner countries and other countries witness the benefits of petitioning; (6) to expand the Common Framework and offer its financial assistance to other heavily indebted lower-middle-income countries, beyond those currently covered; (7) to cooperate with counterparts in the Group of Twenty (G20), international financial institutions, private credit rating agencies, and regulators to explore and develop new bond and loan contract issuance standards that authorize temporary suspensions of debt services to both private and public creditors without triggering a default in crisis situations; (8) to engage with petitioner countries, before those countries exhaust their reserves, to strategize their ascension into the Common Framework and prevent further economic costs; (9) to leverage the voice and vote of the United States in the International Monetary Fund and the World Bank so that the Fund and the Bank complete preliminary assessments of the debt relief needed by each country eligible for Common Framework treatment before such countries petition for debt relief; (10) that assessments described in paragraph (9) should— (A) include realistic growth and fiscal projections; (B) include implications of Common Framework debt relief; and (C) be based on accurate and comprehensive debt data; (11) to support international financial institutions lending into arrears for the Common Framework in the case that private lenders fail to uphold their initial commitments; (12) to leverage the voice and vote of the United States at international financial institutions to promote and finance international initiatives to procure and deploy more affordable and accessible COVID–19 vaccinations and treatments for emerging market and developing countries; and (13) to address the near-term problems associated with the pandemic-induced global recession and longer term problems of unsustainable credit lending and borrowing that victimize emerging market and developing countries. 3. Loans to International Monetary Fund facilities and trust funds (a) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of the Treasury for fiscal year 2023, $20,000,000, for contribution to the Poverty Reduction and Growth Trust or the Resilience and Sustainability Trust of the International Monetary Fund. (2) Availability of amounts Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until December 31, 2031. (b) Loans authorized (1) In general The Secretary of the Treasury may make loans to the Poverty Reduction and Growth Trust or the Resilience and Sustainability Trust of the International Monetary Fund. (2) Use of amounts Amounts described in paragraph (3) shall be available— (A) to cover the cost (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a )) of loans authorized under paragraph (1); and (B) to subsidize gross obligations for the principal amount of such loans, not to exceed $21,000,000,000 in the aggregate. (3) Amounts described Amounts described in this paragraph are— (A) amounts appropriated pursuant to the authorization of appropriations under subsection (a); and (B) amounts— (i) appropriated under the heading Contributions to the International Monetary Fund Facilities and Trust Funds in any Act making appropriations for the Department of State, foreign operations, and related programs for a fiscal year before fiscal year 2023; and (ii) available for obligation as of the date of the enactment of this Act. (4) Authorization of certain transactions The Exchange Stabilization Fund established under section 5302 of title 31, United States Code, and the financing account corresponding to transactions with the International Monetary Fund are authorized to enter into such transactions as are necessary to effectuate loans authorized under paragraph (1). 4. International Development Association twentieth replenishment The International Development Association Act ( 22 U.S.C. 284 et seq. ) is amended by adding at the end the following: 32. Twentieth replenishment (a) In general The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,500,000,000 to the twentieth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. (b) Authorization of appropriations In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,500,000,000 for payment by the Secretary of the Treasury. . 5. Asian Development Fund twelfth replenishment The Asian Development Bank Act ( 22 U.S.C. 285 et seq. ) is amended by adding at the end the following: 37. Twelfth replenishment (a) In general The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $177,440,000 to the twelfth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) Authorization of appropriations In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $177,440,000 for payment by the Secretary of the Treasury. . 6. Support for Inter-American Development Bank Group reform and IDB Invest capital increase (a) Support for reform of Inter-American Development Bank Group The Secretary of the Treasury shall instruct the United States Executive Director of the Inter-American Development Bank (in this section referred to as the Bank ) to use the voice and vote of the United States to take steps to advance operational and institutional reforms to improve the effectiveness of the Inter-American Development Bank Group and accelerate modernization efforts that strengthen its responsiveness to the varied development challenges of the countries of Latin America and the Caribbean, with particular attention to enhancing the region’s ability to attract private investment, increase social inclusion, and raise climate ambition. (b) Support for new business model for IDB Invest (1) In general The Secretary shall instruct the United States Executive Director of the Bank to use the voice and vote of the United States to take steps to advance a proposal for a new vision and business model for the Inter-American Investment Corporation (commonly known as IDB Invest ) to increase sustainable and inclusive private investment in Latin America and the Caribbean, including— (A) elaboration on the financial, resource, operational, and institutional implications, such as the potential recalibration of shareholding at the Board of Directors of IDB Invest, of implementing the new vision and business model; and (B) as necessary, the redesign and modification of the management of IDB Invest to reflect the new vision and business model. (2) Contingent support for increase in capital Stock of IDB Invest (A) In general If and when the Boards of Directors of the Bank and the IDB Invest endorse a proposal described in paragraph (1), the Secretary shall commence negotiations for an increase in the authorized capital stock of IDB Invest. (B) Consultations The Secretary shall consult with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives regarding the progress of any negotiations described in subparagraph (A), including with respect to anticipated timelines for such negotiations. (c) Authorization to subscribe to additional shares of stock of IDB Invest (1) Sense of Congress It is the sense of Congress that the United States Governor to the Bank should use the voice and vote of the United States to take steps— (A) to redouble the commitment of the United States to IDB Invest and the Inter-American Development Bank Group; and (B) to double the financial capacity of IDB Invest. (2) Authorization (A) In general After a decision by the Board of Governors of IDB Invest to increase the authorized capital stock of IDB Invest, the United States Governor is authorized to subscribe on behalf of the United States to additional shares of stock in such amounts as the Governor considers appropriate, subject to subparagraph (B). (B) Limitation The United States Governor may not subscribe on behalf of the United States to additional shares of stock in IDB Invest if such additional shares would result in the share of stock held by the United States in IDB Invest to exceed the share of stock held by the United States in the Bank. (3) Report required (A) In general Not later than 15 days after the conclusion of negotiations described in subsection (b)(2) and not less than 15 days before the United States Governor subscribes on behalf of the United States to additional shares of stock in IDB Invest under paragraph (2), the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report setting forth— (i) the amount of the proposed increase in the capital stock of IDB Invest; (ii) the amount of shares proposed for subscription by the United States in connection with the proposed increase; (iii) the share of the stock of IDB Invest held by each member country and the corresponding change in that share associated with the proposed increase; (iv) the anticipated increased financing levels to be achieved by the proposed increase; (v) the expected financial and operational impact of the proposed increase, including a description of relevant institutional reforms by IDB Invest; and (vi) a description of whether the Bank and IDB Invest are successfully responding to the mandates outlined by their respective Boards of Governors in resolutions AG–7/22 and CII/AG–3/22 of March 28, 2022. (4) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to pay for the subscription to additional shares of stock in IDB Invest authorized by paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-117s4617is/xml/BILLS-117s4617is.xml |
117-s-4618 | II 117th CONGRESS 2d Session S. 4618 IN THE SENATE OF THE UNITED STATES July 26, 2022 Ms. Collins (for herself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve access to opioid use disorder treatment services under the Medicare program.
1. Short title This Act may be cited as the Supporting Seniors with Opioid Use Disorder Act of 2022 . 2. Increasing awareness and data collection regarding medicare coverage of opioid use disorder treatment services (a) Required outreach The Secretary shall advance education and awareness among beneficiaries and health care providers regarding coverage of opioid use disorder treatment services furnished in person or via telehealth under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), including by revising outreach and enrollment materials as appropriate, making State and national contact information for health care providers publicly available in an easily accessible manner, tailoring outreach to at risk or underserved beneficiaries as appropriate, and developing or improving continuing education programs that advance the education of providers on the prescribing of, and relevant clinical considerations with respect to, opioid medications and substance use disorder treatment programs. (b) Report and evaluation The Secretary shall conduct an evaluation of the outreach conducted under subsection (a) not later than 18 months after initiating such activities and shall submit to Congress a report that provides an analysis of the effectiveness of outreach activities targeting beneficiaries who were previously not receiving opioid use disorder treatment services, including the effect of such outreach on beneficiary access to care and utilization of services, in addition to the number of providers treating beneficiaries for opioid use disorder in office-based settings. (c) Improving data collection Not later than 1 year after the date of the enactment of this Act, the Administrator shall provide data to the Substance Abuse and Mental Health Services Administration on— (1) the number of Medicare beneficiaries diagnosed with opioid use disorder; (2) the number of beneficiaries who receive medication-assisted treatment under the Medicare program; (3) the number of beneficiaries who receive medication-assisted treatment under the Medicare program who also receive behavioral therapy; and (4) any geographic areas in which beneficiaries remain underserved with respect to the provision of opioid use disorder treatment services under the Medicare program. (d) Stakeholder meeting Not later than 18 months after the date of the enactment of this Act, the Secretary shall convene a meeting of stakeholders, including practicing behavioral health providers, to share best practices on the utilization of behavioral therapy among beneficiaries receiving medication to treat opioid use disorder under the Medicare program. (e) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Centers for Medicare & Medicaid Services. (2) Medication assisted treatment The term medication-assisted treatment means an evidence-based treatment that consists of the administration of medications and related behavioral therapies. (3) Opioid treatment program The term opioid treatment program has the meaning given that term in paragraph (2) of section 1861(jjj) of the Social Security Act ( 42 U.S.C. 1395x(jjj) ). (4) Opioid use disorder treatment services The term opioid use disorder treatment services has the meaning given that term in paragraph (1) of such section. (5) Secretary The term Secretary means the Secretary of Health and Human Services. | https://www.govinfo.gov/content/pkg/BILLS-117s4618is/xml/BILLS-117s4618is.xml |
117-s-4619 | II 117th CONGRESS 2d Session S. 4619 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Brown (for himself, Mr. Menendez , Ms. Cortez Masto , Mr. Booker , Mr. Van Hollen , Ms. Smith , Ms. Warren , Mr. Warnock , Mr. Sanders , Mrs. Gillibrand , Mr. Padilla , Ms. Duckworth , Mr. Merkley , Mr. Whitehouse , Mr. Markey , Ms. Baldwin , Mrs. Feinstein , Mr. Wyden , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide that all persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, and accommodations of financial institutions.
1. Short title This Act may be cited as the Fair Access to Financial Services Act of 2022 . 2. Financial institutions (a) In general All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, and accommodations of any financial institution, as defined in section 803 of the Payment, Clearing, and Settlement Supervision Act of 2010 ( 12 U.S.C. 5462 ), without discrimination on the ground of race, color, religion, national origin, and sex (including sexual orientation and gender identity). (b) Private right of action (1) In general Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by subsection (a), a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved. (2) Costs In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. (3) Jurisdiction The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law. (4) Exclusive means The remedies provided in this subsection shall be the exclusive means of enforcing the rights based on this section, but nothing in this section shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this section, including any statute or ordinance requiring nondiscrimination in goods, services, facilities, privileges, and accommodations of any financial institution, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right. | https://www.govinfo.gov/content/pkg/BILLS-117s4619is/xml/BILLS-117s4619is.xml |
117-s-4620 | II 117th CONGRESS 2d Session S. 4620 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Rubio (for himself, Mr. Scott of Florida , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Countering Russian Influence in Europe and Eurasia Act of 2017 to impose sanctions with respect to the shipment or transshipment of petroleum products or liquefied natural gas products from the Russian Federation to the Peoples’ Republic of China, and for other purposes.
1. Short title This Act may be cited as the Countering Communist China’s Financing of Russia’s War on Ukraine Act . 2. Imposition of sanctions with respect to shipment or transshipment of petroleum products or liquefied natural gas products from the Russian Federation to the Peoples’ Republic of China (a) In general Part 2 of subtitle A of the Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9521 et seq. ) is amended by inserting after section 234 the following: 234A. Sanctions with respect to shipment or transshipment of petroleum products or liquefied natural gas products from the Russian Federation to the Peoples’ Republic of China (a) In general The President shall impose five or more of the sanctions described in section 235 with respect to any entity that the President determines knowingly, directly or indirectly, insures, registers, facilitates the registration of, or maintains insurance or a registration for, a vessel engaged in the shipment or transshipment of any petroleum product or liquefied natural gas product from the Russian Federation to the Peoples’ Republic of China, including by providing sovereign insurance guarantees on behalf of the Government of the People's Republic of China with respect to any such vessel. (b) Termination Subject to section 216, sanctions imposed under subsection (a) shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of the Russian Federation and any proxies for that Government have withdrawn all military and paramilitary forces from the internationally recognized territory of the Government of Ukraine. . (b) Sanctions described Section 235 of the Countering Russian Influence in Europe and Eurasia Act of 2017 ( 22 U.S.C. 9529 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking or 233(a) and inserting 233(a), or 234A(a) ; and (2) in subsection (b), by striking or 233(a) and inserting 233(a), or 234A(a) . (c) Clerical amendment The table of contents under section 1(b) of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 886) is amended by inserting after the item relating to section 234 the following: Sec. 234A. Sanctions with respect to shipment or transshipment of petroleum products or liquefied natural gas products from the Russian Federation to the Peoples’ Republic of China. . | https://www.govinfo.gov/content/pkg/BILLS-117s4620is/xml/BILLS-117s4620is.xml |
117-s-4621 | II 117th CONGRESS 2d Session S. 4621 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Grassley (for himself, Ms. Klobuchar , Ms. Ernst , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To promote low-carbon, high-octane fuels, to protect public health, and to improve vehicle efficiency and performance, and for other purposes.
1. Short title This Act may be cited as the Next Generation Fuels Act of 2022 . 2. Findings Congress finds that— (1) continued increases in new automobile efficiency are needed to improve consumer welfare and reduce carbon emissions; (2) the widespread availability of low-carbon, high-octane fuel will allow continued cost-effective improvements in automobile efficiency by enabling increased engine compression ratios; (3) high-octane automobiles and low-carbon fuels are readily available to consumers at little incremental cost; (4) ethanol is a cost-effective and low-carbon octane enhancer; (5) the widespread adoption of climate-smart practices and precision technologies by United States corn producers over the past decade have further reduced the carbon intensity of conventional ethanol; (6) on average, ethanol has been estimated to have lifecycle greenhouse gas emissions that are 46 percent lower than average gasoline, with some corn ethanol achieving a 61-percent reduction compared to gasoline; and (7) ethanol has one of the highest blending octane values available in the marketplace. 3. High-octane vehicles Title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ) is amended by adding at the end the following: D High-Octane Vehicles 261. Definitions; applicability (a) Definitions In this part: (1) Automobile The term automobile has the meaning given to the term in section 32901(a)(3) of title 49, United States Code. (2) Manufacturer The term manufacturer has the meaning given the term in section 216. (3) Research octane number The term research octane number has the meaning given the term in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 ). (b) Applicability This part applies with respect to any motor vehicle that is introduced into commerce that— (1) is an automobile; (2) uses gasoline for propulsion or any other operation of the motor vehicle, including the engine thereof; and (3) is a model year 2027 or later motor vehicle. 262. High-octane test fuels (a) E20 certification fuel Except as provided in subsections (b) and (c), manufacturers producing motor vehicles described in section 261(b) shall use a test fuel consisting of gasoline and 19.4 to 20 volume percent ethanol with a minimum 95 research octane number in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (b) E25 to E30 certification fuel As an alternative to the test fuel described in subsection (a), manufacturers producing motor vehicles described in section 261(b) may use a test fuel consisting of gasoline and 24.3 to 30 volume percent ethanol with a minimum 98 research octane number in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (c) Model year 2032 and later model years Notwithstanding subsections (a) and (b), beginning in model year 2032, manufacturers of motor vehicles described in section 261(b) shall use the gasoline test fuel described in subsection (b) in— (1) emissions testing and certification under section 206(a); and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code. (d) Formulation The test fuels described in subsections (a) and (b) shall be produced by adding neat or denatured fuel ethanol to the gasoline criteria emissions test fuel required for use in model year 2021 and later motor vehicles. (e) Test fuel equations For purposes of— (1) testing and calculation procedures under section 206(a), the emissions of motor vehicles using the test fuels described in subsection (a) or (b) shall be based exclusively on actual measured emissions; and (2) fuel economy testing and calculation procedures under section 32904(c) of title 49, United States Code, the fuel economy of motor vehicles using the test fuels described in subsection (a) or (b) shall be determined on an energy-equivalent basis, which shall be equal to the product obtained by multiplying— (A) the measured fuel economy; and (B) the quotient obtained by dividing— (i) 114,086 British thermal units per gallon; by (ii) the volumetric energy density of the test fuel. 263. High-octane vehicles (a) Warranty requirements Manufacturers of motor vehicles described in section 261(b) shall warrant to the ultimate purchaser and each subsequent purchaser that each such motor vehicle is designed— (1) for model years 2027 through 2031— (A) to operate with gasoline containing 10 and up to and including 25 percent ethanol by volume; and (B) to meet the design requirements under subsection (b)(1); and (2) for model year 2032 and later model years— (A) to operate with gasoline containing 10 and up to and including 30 percent ethanol by volume; and (B) to meet the design requirements under subsections (b)(1) and (c)(1). (b) Design requirements before model year 2032 (1) Manufacturers The manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— (A) to use gasoline with a 95 research octane number or higher; and (B) to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (i) necessary to prevent the introduction of gasoline with a research octane number that is lower than 95 into that motor vehicle; and (ii) technically and economically feasible. (2) Fuel retailers Any fuel retailer selling gasoline for use in a motor vehicle described in section 261(b) shall incorporate into the dispensing equipment of the fuel retailer such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (A) necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and (B) technically and economically feasible. (c) Design requirements for model year 2032 (1) Manufacturers Subject to paragraph (3)(B), beginning in model year 2032, the manufacturer of a motor vehicle described in section 261(b) shall design each such motor vehicle— (A) to use gasoline with a 98 research octane number or higher; and (B) to incorporate such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (i) necessary to prevent the introduction of gasoline with a research octane number that is lower than 98 into that motor vehicle; and (ii) technically and economically feasible. (2) Fuel retailer Subject to paragraph (3)(B), any fuel retailer selling gasoline for use in a motor vehicle described in section 261(b) that is model year 2032 or later shall incorporate into the dispensing equipment of the fuel retailer such devices or elements of design (including physical or other barriers, devices, or technological systems) as are determined by the Administrator to be— (A) necessary to ensure compatibility with the motor vehicle design requirements under paragraph (1); and (B) technically and economically feasible. (3) EPA determination of nationwide availability (A) Determination required Not later than December 31, 2030, and not later than each December 31 thereafter until the Administrator determines that 98 research octane number gasoline can be made readily available nationwide, the Administrator shall— (i) determine whether 98 research octane number gasoline can be made readily available nationwide; and (ii) publish that determination in the Federal Register. (B) Effect The requirements of this subsection shall not take effect until the date on which the Administrator— (i) determines under subparagraph (A)(i) that 98 research octane number gasoline can be made readily available nationwide; and (ii) publishes that determination under subparagraph (A)(ii). (C) Failure to make determination If the Administrator fails to make a determination under subparagraph (A) by the applicable date under that subparagraph, the Administrator shall be deemed to have determined that 98 research octane number gasoline can be made readily available nationwide for purposes of subparagraph (B). (d) Violations (1) Manufacturers (A) In general Any manufacturer who violates subsection (b)(1) or (c)(1) shall be subject to a civil penalty of not more than $5,000 for each offense. (B) Separate offenses Any violation described in subparagraph (A) shall constitute a separate offense with respect to each motor vehicle. (2) Fuel retailer (A) In general Any fuel retailer who violates subsection (b)(2) or (c)(2) shall be subject to a civil penalty of not more than $2,500 for each offense. (B) Separate offense Any violation described in subparagraph (A) with respect to dispensing equipment shall constitute a separate offense with respect to each unit of dispensing equipment in violation of the applicable subsection described in that subparagraph. 264. Misfueling (a) Prohibitions against tampering and defeat devices for motor vehicles In lieu of applying section 203(a)(3) with respect to the requirements of this part, the following shall apply: (1) No person shall— (A) remove or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263 prior to its sale and delivery to the ultimate purchaser; or (B) knowingly remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser. (2) No person shall manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle, where— (A) a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle pursuant to subsection (b)(1) or (c)(1) of section 263; and (B) the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use. (b) Prohibitions against tampering and defeat devices for dispensing equipment No person shall— (1) remove or render inoperative any device or element of design installed pursuant to subsection (b)(2) or (c)(2) of section 263; or (2) sell, or offer to sell, or incorporate into, any part or component intended for use with, or as part of, any dispensing equipment, where— (A) a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design incorporated into dispensing equipment pursuant to subsection (b)(2) or (c)(2) of section 263; and (B) the person knows or should know that such part or component is being offered for sale or incorporated for such use or put to such use. (c) Violations (1) In general Any person who violates this section shall be subject to a civil penalty of not more than $2,500. (2) Separate offenses Any violation described in paragraph (1) shall constitute a separate offense with respect to— (A) each motor vehicle or unit of dispensing equipment, for purposes of subsections (a)(1) and (b)(1); and (B) each part or component, for purposes of subsections (a)(2) and (b)(2). 265. Octane standard (a) Octane standard (1) Prohibition (A) 95 research octane number marketing No person shall sell motor vehicle gasoline marketed as 95 research octane number unless that gasoline has a research octane number of 95 or greater. (B) 98 research octane number marketing No person shall sell motor vehicle gasoline marketed as 98 research octane number unless that gasoline has a research octane number of 98 or greater. (C) Deemed compliance A person, including any distributor, blender, marketer, reseller, carrier, retailer, or wholesaler, shall be deemed to be in full compliance with this paragraph if the person can demonstrate, through evidence deemed acceptable by the Administrator, that the person had reason to believe in good faith that the motor vehicle gasoline complied with subparagraph (A) or (B). (2) Controls (A) 95 research octane number availability Effective January 1, 2026, any person that owns, leases, operates, controls, or supervises— (i) a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2023 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at that retail outlet; or (ii) 6 or more retail outlets offering motor vehicle gasoline for sale, shall offer for sale motor vehicle gasoline of not less than 95 research octane number at not fewer than 60 percent of those retail outlets. (B) 98 research octane number availability Effective January 1, 2031, any person that owns, leases, operates, controls, or supervises— (i) a retail outlet at which 200,000 or more gallons of gasoline were sold during calendar year 2029 or any subsequent calendar year, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at that retail outlet; or (ii) 6 or more retail outlets offering motor vehicle fuel for sale, shall offer for sale motor vehicle gasoline of not less than 98 research octane number at no fewer than 60 percent of those retail outlets. (b) Violations Any person that violates— (1) subsection (a)(1), (a)(2)(A)(i), or (a)(2)(B)(i) shall be subject to a civil penalty of not more than $25,000 for each day on which the violation continues; and (2) subsection (a)(2)(A)(ii) or (a)(2)(B)(ii) shall be subject to a civil penalty of not more than $2,500 per day for each retail outlet owned, leased, operated, controlled, or supervised by that person. 266. Regulations The Administrator shall— (1) not later than 1 year after the date of enactment of the Next Generation Fuels Act of 2022 , propose regulations to carry out this part; and (2) not later than 2 years after that date of enactment, finalize regulations to carry out this part. 267. Liability limitation and preemption (a) Limitation of liability A manufacturer of a motor vehicle, or a gasoline retailer, that is in compliance with the requirements of this part and the requirements of sections 203(e) and 206 of the Petroleum Marketing Practices Act, shall not be liable under any provision of this Act or any other Federal, State, or local law, including common law, for damages— (1) to or caused by a motor vehicle described in section 261(b); and (2) that would not have occurred but for the introduction of gasoline with a research octane number required by this part. (b) Preemption No State or any political subdivision of a State may adopt, continue in effect, or enforce, any provision of law or regulation— (1) requiring motor vehicles to operate using gasoline with a certain octane content, or the corresponding design of equipment for dispensing such gasoline into such motor vehicles, unless the provision of that law or regulation is the same as the corresponding provision under this part; or (2) limiting the concentration of ethanol in motor vehicle gasoline. 268. Civil actions; administrative assessment of certain penalties The provisions of subsections (b) and (c) of section 205 shall apply with respect to a violation of section 263 or 264 to the same extent and in the same manner as such provisions apply with respect to a violation of section 203(a)(3). . 4. Octane disclosure (a) High-Efficiency fuels Title II of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 et seq. ) is amended by adding at the end the following: 206. High-efficiency fuel and vehicle marketing requirements (a) Rule The Federal Trade Commission shall, by rule, and in consultation with persons to be regulated under this section, consumer advocates, and other stakeholders, as appropriate— (1) prescribe or revise requirements under this title relating to the certification, display, and representation of the automotive fuel rating of an automotive fuel as necessary to carry out— (A) the requirement under subsection (b); and (B) any determination made under subsection (c); (2) make the determination required under subsection (c); and (3) prescribe requirements under subsection (d). (b) Requirement The Federal Trade Commission shall require that, for purposes of this title, beginning on the date that is 180 days after the date on which the Federal Trade Commission issues a final rule under subsection (a), the automotive fuel rating of an automotive fuel with a research octane number of 95 or higher be determined only by the research octane number of such automotive fuel. (c) Labeling (1) In general The Federal Trade Commission shall prescribe requirements— (A) as the Federal Trade Commission determines necessary with respect to a display at the point of sale to ultimate purchasers of automotive fuel and a display on a motor vehicle to— (i) inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle that— (I) a model year 2027 or later motor vehicle is only warrantied to use automotive fuel with a research octane number of 95 or higher; and (II) a model year 2032 or later motor vehicle is only warrantied to use automotive fuel with a research octane number of 98 or higher; (ii) provide a warning to such ultimate purchaser of such automotive fuel and any such purchaser or user of such motor vehicle, that the use of automotive fuel with a research octane number that— (I) is lower than 95 in a model year 2027 or later motor vehicle will result in reduced fuel economy, increased exhaust emissions, and possibly engine damage; and (II) is lower than 98 in a model year 2032 or later motor vehicle will result in reduced fuel economy, increased exhaust emissions, and possibly engine damage; and (iii) inform such ultimate purchaser of such automotive fuel and any purchaser or user of such motor vehicle that— (I) a model year 2027 or later motor vehicle is warrantied to use gasoline containing up to and including 25 percent ethanol by volume; and (II) a model year 2032 or later motor vehicle is warrantied to use gasoline containing up to and including 30 percent ethanol by volume; and (B) that are applicable to— (i) a manufacturer of a new motor vehicle (or an entity making a representation in connection with the sale of such motor vehicle) with respect to a display on such motor vehicle; and (ii) an automotive fuel retailer, with respect to a display at the point of sale to an ultimate purchaser of automotive fuel. (2) Considerations In prescribing requirements under paragraph (1), the Federal Trade Commission shall ensure that such requirements are designed to be— (A) understandable to— (i) the ultimate purchaser of automotive fuel; and (ii) any purchaser or user of a model year 2027 or later motor vehicle; and (B) cost effective for automotive fuel retailers. (d) Deadlines The Federal Trade Commission shall— (1) not later than January 1, 2025, issue a proposed rule under subsection (a); and (2) not later than July 1, 2026, issue a final rule under subsection (a). . (b) Enforcement Section 203(e) of the Petroleum Marketing Practices Act ( 15 U.S.C. 2823(e) ) is amended— (1) by striking or a rule prescribed and inserting a rule prescribed ; and (2) by striking of such section. and inserting of section 202, or a rule prescribed under section 206. . (c) Table of contents amendment The table of contents for the Petroleum Marketing Practices Act ( 15 U.S.C. 2801 et seq. ) is amended by inserting after the item relating to section 205 the following: Sec. 206. High-efficiency fuel and vehicle marketing requirements. . 5. Advertisement of price of high-octane automotive fuel (a) In general It shall be unlawful for any person to sell or offer for sale, at retail, automotive fuel with a research octane number (as such terms are defined in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 )) of 95 or greater unless such person displays, in a manner specified in the rules promulgated under subsection (b), the total price per gallon of such fuel on any sign on which such person displays the price of the most-sold grade of automotive fuel of such person. (b) Rulemaking (1) In general Not later than 24 months after the date of enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the implementation and enforcement of this section. (2) Contents Such rules— (A) shall define retail and most-sold for the purposes of this section; (B) shall specify the manner in which the price of automotive fuel with a research octane number of 95 or greater must be displayed in order to comply with subsection (a); and (C) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act ( 15 U.S.C. 45(n) ). (c) Enforcement A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Federal Trade Commission shall enforce this section 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 part of this section. 6. E40 retail infrastructure standard Section 9003 of the Solid Waste Disposal Act ( 42 U.S.C. 6991b ) is amended by adding at the end the following: (k) E40-Compatible retail infrastructure systems (1) Definitions In this subsection: (A) Automotive fuel The term automotive fuel has the meaning given the term in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 ). (B) Compatible The term compatible means, to the extent feasible, certified by a nationally recognized testing laboratory recognized by the Occupational Safety and Health Administration in accordance with section 1910.7 of title 29, Code of Federal Regulations (or any successor regulations) to maintain system performance throughout the operational life of the dispenser system. (C) Dispenser system The term dispenser system has the meaning given the term in section 280.12 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection). (2) Performance standards The Administrator shall, not later than January 1, 2024, issue or revise, as necessary, performance standards for underground storage tank systems and dispenser systems that are brought into use on or after January 1, 2024, to require that those systems be compatible with automotive fuel consisting of gasoline and at least 40 percent ethanol by volume. (3) Compatibility An owner or operator may demonstrate the compatibility of an underground storage tank system with automotive fuel containing any concentration of ethanol through the use of a secondary containment system that is able— (A) to contain regulated substances leaked from the primary containment system until the regulated substances are detected and removed; and (B) to prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system. . 7. Registration testing, Reid vapor pressure, and substantially similar waivers (a) Registration testing waiver Section 211(e) of the Clean Air Act ( 42 U.S.C. 7545(e) ) is amended by adding at the end the following: (4) Fuels consisting of gasoline and no more than 30 percent ethanol by volume that meet the requirements of subsection (f)(3) shall be deemed— (A) to have satisfied any testing regulations promulgated under this subsection; and (B) to be immediately eligible for registration under subsection (b) without further testing. . (b) Reid vapor pressure waiver Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) ) is amended— (1) in paragraph (4)— (A) in the matter preceding subparagraph (A), by inserting or more after 10 percent ; and (B) in subparagraph (C), by striking additional alcohol or ; and (2) in paragraph (5)(A), by inserting or more after 10 percent . (c) Substantially similar waiver Section 211(f) of the Clean Air Act ( 42 U.S.C. 7545(f) ) is amended— (1) by striking the subsection designation and all that follows through Effective upon in subparagraph (B) and inserting the following: (f) (1) Effective upon ; (2) by striking paragraph (3) and inserting the following: (3) Fuels consisting of gasoline and ethanol may be introduced into commerce under this subsection for use in motor vehicles described in section 261(b), provided that the finished fuel— (A) does not exceed the warranted ethanol levels described in section 263(a); (B) meets the physical and chemical criteria specified by ASTM International Standard D4814–20 for gasoline with 15 percent ethanol; and (C) consists solely of carbon, hydrogen, oxygen, and sulfur, excepting any impurities present at trace levels that are gaseous upon combustion. ; and (3) in paragraph (4), in the first sentence, by striking or (3) . 8. Clean octane standard Section 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended— (1) in subsection (d)— (A) in paragraph (1), by striking or (o) each place it appears and inserting (o), or (w) ; and (B) in paragraph (2), by striking and (o) each place it appears and inserting (o), and (w) ; and (2) by adding at the end the following: (w) Clean octane standard (1) Definitions In this subsection: (A) Baseline lifecycle greenhouse gas emissions The term baseline lifecycle greenhouse gas emissions means the average lifecycle greenhouse gas emissions, as determined by the Administrator, in consultation with the Director of the Argonne National Laboratory, for unblended gasoline sold or distributed as transportation fuel in 2022. (B) Lifecycle greenhouse gas emissions The term lifecycle greenhouse gas emissions means the aggregate quantity of greenhouse gas emissions as determined by the Secretary of Energy using the version of the Argonne National Laboratory Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model in effect as of the date of enactment of the Next Generation Fuels Act of 2022 . (C) Research octane number The term research octane number has the meaning given the term in section 201 of the Petroleum Marketing Practices Act ( 15 U.S.C. 2821 ). (2) Aromatics (A) Annual average limitation Effective beginning on January 1, 2026, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains, on an average annual basis, an aromatic hydrocarbon concentration in excess of 17.5 percent by volume. (B) 2026 cap Effective beginning on January 1, 2026, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon concentration in excess of 30 percent by volume. (C) 2031 cap Effective beginning on January 1, 2031, it shall be unlawful for refiners or importers to sell motor vehicle gasoline that contains an aromatic hydrocarbon content in excess of 25 percent by volume. (D) Oxygenate adjustment for gasoline blendstock (i) In general For purposes of compliance with this paragraph, the aromatics volume of motor vehicle gasoline produced as blendstock for oxygenate blending may be adjusted based on the specified type and amount of oxygenate required to be added downstream. (ii) Requirements Any adjustment under clause (i) shall be made through— (I) the preparation of a hand blend containing oxygenate; or (II) any other method deemed acceptable to the Administrator. (E) Regulations (i) In general The Administrator shall promulgate regulations to implement this paragraph. (ii) Contents Regulations promulgated under clause (i) shall allow for the generation of tradeable credits to meet the requirement of subparagraph (A), but any credits shall expire after not more than 5 years. (iii) Initial regulations Not later than January 1, 2026, the Administrator shall promulgate final regulations under clause (i). (3) Low-carbon octane (A) Prohibition Effective beginning on January 1, 2026, no refiner or importer shall introduce into commerce motor vehicle gasoline with a research octane number of 95 or higher except through the use of a fuel additive that has average lifecycle greenhouse gas emissions that (as determined by the Secretary of Energy using the version of the Argonne National Laboratory Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model in effect as of the date of enactment of the Next Generation Fuels Act of 2022 ) are at least 40 percent less than baseline lifecycle greenhouse gas emissions. (B) Regulations (i) In general The Administrator shall promulgate regulations to implement this paragraph. (ii) Contents Regulations promulgated under clause (i) shall— (I) determine the baseline lifecycle greenhouse gas emissions for purposes of this paragraph; (II) determine the average lifecycle greenhouse gas emissions of sources of octane value for purposes of this paragraph; and (III) ensure that the requirements of this paragraph are met. (iii) Initial regulations Not later than January 1, 2025, the Administrator shall promulgate final regulations under clause (i). . 9. New fuel effects study (a) Fuel effects study (1) Study required Subject to subsection (b), the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall carry out a study of the emissions effects of ethanol-blended fuels in light-duty vehicles and light-duty trucks, for the purpose of updating the Motor Vehicle Emission Simulator modeling system. (2) Requirements In designing and conducting the study under paragraph (1), the Administrator shall— (A) select test fuels that— (i) reflect a range of ethanol concentrations between 0 and at least 25 percent by volume; and (ii) are representative of fuels that are widely available on the date of enactment of this Act or reasonably could be available regionally or nationally, taking into account fuel refinery operations and economics, including the cost of reformate; (B) select test vehicles that are representative of vehicles of recent model years as of the date of enactment of this Act that include relevant technologies that are, or reasonably may come to be, in widespread use; (C) measure emission products of combustion including, at a minimum— (i) particulate matter of 2.5 micrometers in diameter or less; (ii) ultrafine particulate matter of 0.1 micrometers in diameter or less; (iii) nitrogen oxides; (iv) total hydrocarbons; (v) nonmethane organic gas; (vi) carbon monoxide; (vii) benzene; (viii) toluene; (ix) ethylbenzene; (x) xylene; (xi) 1,3-butadiene; (xii) ethanol; and (xiii) polycyclic aromatic hydrocarbons, including at a minimum benzo(a)pyrene; (D) measure the tendency of measured emissions to form secondary organic aerosols and any other relevant secondary air pollution; and (E) consult with the Secretary of Energy, the Secretary of Agriculture, and the Secretary of Transportation (or their delegates). (b) Certification by Secretary of Energy The Administrator shall— (1) provide the proposed design of the study under subsection (a) to the Secretary of Energy for review; and (2) not commence the study under subsection (a) until the Secretary of Energy certifies in writing that the design of the study complies with the requirements of subsection (a). 10. Dual-fueled automobile default utilization factor (a) In general Section 32905 of title 49, United States Code, is amended by striking subsection (b) and inserting the following: (b) Dual-Fueled automobiles (1) In general Except as provided in subsection (d) or section 32904(a)(2)— (A) for any model of dual-fueled automobile manufactured by a manufacturer in model years 1993 through 2019, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of— (i) 0.5 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and (ii) 0.5 divided by the fuel economy— (I) measured under subsection (a) when operating the model on alternative fuel; or (II) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel; and (B) subject to paragraph (2), for any model of dual-fueled automobile manufactured by a manufacturer in model year 2023 or later, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of— (i) 0.79 divided by the fuel economy measured under section 32904(c) when operating the model on gasoline or diesel fuel; and (ii) 0.21 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. (2) Higher utilization factor for new models A manufacturer may demonstrate that a higher utilization factor applies to any model of dual-fueled automobile manufactured by the manufacturer in model year 2023 or later. . (b) Testing procedures Section 206 of the Clean Air Act ( 42 U.S.C. 7525 ) is amended by adding at the end the following: (i) Requirement To update test procedures Not later than July 1, 2023, the Administrator shall amend the test procedures promulgated under this section to be in accordance with section 32905(b)(1)(B) of title 49, United States Code. . 11. Transfers of credits for exceeding average fuel economy standards Section 32903(g) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: (3) Maximum increase The maximum increase in any compliance category attributable to transferred credits is— (A) for model year 2021, 4.0 miles per gallon; and (B) for model year 2022 and subsequent model years, 6.0 miles per gallon. . 12. Extension and expansion of alternative fuel vehicle refueling property credit (a) In general Section 30C of the Internal Revenue Code of 1986 is amended— (1) by amending subsection (c) to read as follows: (c) Definitions For purposes of this section— (1) Qualified alternative fuel vehicle refueling property The term qualified alternative fuel vehicle refueling property means any property (not including a building and its structural components) if— (A) such property is of a character subject to the allowance for depreciation, (B) the original use of such property begins with the taxpayer, and is not used as the principal residence (within the meaning of section 121) of the taxpayer, and (C) such property is used— (i) for the storage or dispensing of a qualifying fuel into the fuel tank of a motor vehicle propelled by such fuel, but only if the storage or dispensing of the fuel is at the point where such fuel is delivered into the fuel tank of the motor vehicle, or (ii) for the recharging of motor vehicles propelled by electricity, but only if such property is located at the point where the motor vehicles are recharged. (2) Qualifying fuel The term qualifying fuel means— (A) any fuel at least 50 percent of the volume of which consists of natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen, or (B) any fuel mixture at least 20 percent of the volume of which consists of ethanol or biodiesel, without regard to any denaturant or kerosene used in such mixture. , and (2) in subsection (g), by striking December 31, 2021 and inserting December 31, 2027 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s4621is/xml/BILLS-117s4621is.xml |
117-s-4622 | II 117th CONGRESS 2d Session S. 4622 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Luján (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish protections for radio and television stations that provide advertising services to cannabis-related legitimate businesses and service providers for such businesses, and for other purposes.
1. Short title; table of contents; purpose (a) Short title This Act may be cited as the Secure And Fair Enforcement Advertising Act of 2022 or the SAFE Advertising Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; purpose. Sec. 2. Definitions. Sec. 3. Safety for advertising. Sec. 4. Protections for ancillary businesses. Sec. 5. Protections under Federal law. Sec. 6. Application of this Act with respect to hemp-related legitimate businesses and hemp-related service providers. Sec. 7. GAO report. (c) Purpose The purpose of this Act is to ensure access to advertising services from radio and television stations for cannabis-related legitimate businesses and service providers. 2. Definitions In this Act: (1) Cannabis The term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Cannabis product The term cannabis product means any article that contains cannabis, including an article that is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical. (3) Cannabis-related legitimate business The term cannabis-related legitimate business means a manufacturer, a producer, or any person or company that— (A) engages in any activity described in subparagraph (B) pursuant to a law established by a State or political subdivision of a State, as determined by the State or political subdivision; and (B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (4) CBD The term CBD means cannabidiol. (5) Hemp The term hemp has the meaning given the term in section 297A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o ). (6) Indian country The term Indian country has the meaning given that term in section 1151 of title 18, United States Code. (7) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 ). (8) Manufacturer The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products. (9) Producer The term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis. (10) Service provider The term service provider — (A) means a business, organization, or other person that— (i) sells goods or services to a cannabis-related legitimate business; or (ii) provides any business services, including the sale of advertising, the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (11) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. 3. Safety for advertising (a) In general The Federal Communications Commission may not— (1) with respect to an authorization relating to a radio or television broadcast station, deny, fail to renew for a full term or condition the authorization, decline to approve an application for authority to assign the authorization or transfer direct or indirect control of the licensee, require an early renewal application, or otherwise impair the authorization, because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider, if the activities of the cannabis-related legitimate business or service provider were, at the time of the broadcast or other transmission of advertising, authorized in the State, political subdivision of a State, or Indian country in which the community of license of the station is located; (2) commence any proceeding against, issue a notice of apparent liability or inquiry to, or impose a forfeiture penalty on a radio or television broadcast station under title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq. ) because the station broadcast or otherwise transmitted advertising of a cannabis-related legitimate business or service provider, if the activities of the cannabis-related legitimate business or service provider were, at the time of the broadcast or other transmission of advertising, authorized in the State, political subdivision of a State, or Indian country in which the community of license of the station is located; or (3) deny or designate for hearing any application for an authorization relating to a radio or television broadcast station solely because— (A) the applicant— (i) is or has been a cannabis-related legitimate business or service provider; or (ii) is an owner, officer, operator, or employee of a cannabis-related legitimate business or service provider; or (B) an owner, officer, director, or employee of the applicant, any parent entity of the applicant, or the applicant has provided or is providing services, including advertising services, equipment, or other support, for the operation of a cannabis-related legitimate business or service provider. (b) Labeling requirement Subsection (a) shall only apply with respect to the advertising of products sold by a cannabis-related legitimate business if— (1) the advertisement— (A) contains a disclosure that states, This product has not been evaluated by the Food and Drug Administration. There may be health risks associated with consumption of this product. ; or (B) complies with any applicable labeling requirements or other requirements adopted by the Surgeon General or the Food and Drug Administration for advertising of cannabis or cannabis products; and (2) the advertiser has reliable evidence that not less than 70 percent of the audience for the advertisement is reasonably expected to be not less than 21 years of age, with the burden of proof regarding the expected audience composition lying with the advertiser. 4. Protections for ancillary businesses For the purposes of sections 1956 and 1957 of title 18, United States Code, section 421 of the Controlled Substances Act ( 21 U.S.C. 862 ), and any other provision of Federal law, the proceeds from a transaction involving activities of a cannabis-related legitimate business or service provider shall not be considered proceeds from an unlawful activity or require the denial of Federal benefits solely because— (1) the transaction involves proceeds from a cannabis-related legitimate business or service provider; or (2) the transaction involves proceeds from— (A) cannabis-related activities described in section 2(3)(B) conducted by a cannabis-related legitimate business; or (B) activities described in section 2(10)(A) conducted by a service provider. 5. Protections under Federal law With respect to providing advertising service to a cannabis-related legitimate business (where the cannabis-related legitimate business operates within a State, a political subdivision of a State, or Indian country in which the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis is allowed pursuant to a law or regulation of the State, the political subdivision, or the Indian Tribe with jurisdiction over the Indian country, respectively) or a service provider (wherever located), a radio or television station licensed to a community within a State, a political subdivision of a State, or Indian country in which the activities of the cannabis-related legitimate business promoted in the advertising service are allowed, a depository institution, insurer, or other entity that provides a financial or other service to such a radio or television station providing advertising service to a cannabis-related legitimate business or service provider, and the officers, directors, and employees of such radio or television station, depository institution, insurer, or other entity may not be held liable pursuant to any Federal law or regulation, including subsection (b) or (c) of section 403 of the Controlled Substances Act ( 21 U.S.C. 843 )— (1) solely for providing such advertising service or related financial or other service; or (2) for further investing any income derived from such advertising service or related financial or other service. 6. Application of this Act with respect to hemp-related legitimate businesses and hemp-related service providers (a) In general This Act shall apply with respect to a hemp-related legitimate business or hemp-related service provider in the same manner as the Act applies with respect to a cannabis-related legitimate business or service provider. (b) Definitions In this section: (1) Hemp-related legitimate business The term hemp-related legitimate business means a manufacturer, producer, or any person that— (A) engages in any activity described in subparagraph (B) in conformity with— (i) subtitle G of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639o et seq. ) and the regulations issued to implement that subtitle by the Department of Agriculture, where applicable; and (ii) the applicable law of a State, political subdivision of a State, or Indian Tribe; and (B) participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products, including cultivating, producing, extracting, manufacturing, selling, transporting, displaying, dispensing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products. (2) Hemp-related service provider The term hemp-related service provider — (A) means a business, organization, or other person that— (i) sells goods or services to a hemp-related legitimate business; or (ii) provides any business services, including the sale of advertising, the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products; and (B) does not include a business, organization, or other person that participates in any business or organized activity that involves handling hemp, hemp-derived CBD products, or other hemp-derived cannabinoid products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing hemp, hemp-derived CBD products, and other hemp-derived cannabinoid products. 7. GAO report (a) Definitions In this section— (1) the term small business concern has the meaning given the term in section 3 of the Small Business Act ( 15 U.S.C. 632 ); and (2) the term socially and economically disadvantaged individual has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations prescribed under such section 8(d), except that women are presumed to be socially and economically disadvantaged. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a study of cannabis-related legitimate businesses that— (A) are small business concerns; or (B) are owned by a socially and economically disadvantaged individual; and (2) submit a report on the results of the study conducted under paragraph (1) to Congress. (c) Contents The report submitted under subsection (b) shall include— (1) an evaluation of whether cannabis-related legitimate businesses that are small business concerns or are owned by a socially and economically disadvantaged individual face systemic barriers to access service providers compared to other cannabis-related legitimate businesses; and (2) recommendations to Congress to facilitate the access of cannabis-related legitimate businesses to service providers, particularly cannabis-related legitimate businesses that— (A) are small business concerns; or (B) are owned by a socially and economically disadvantaged individual. | https://www.govinfo.gov/content/pkg/BILLS-117s4622is/xml/BILLS-117s4622is.xml |
117-s-4623 | II 117th CONGRESS 2d Session S. 4623 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Peters (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To advance Government innovation through leading-edge procurement capability, and for other purposes.
1. Short title This Act may be cited as the Advancing Government Innovation with Leading-Edge Procurement Act of 2022 or the AGILE Procurement Act of 2022 . 2. Findings Congress makes the following findings: (1) The Government Accountability Office (GAO) has conducted a trend analysis of governmentwide contracting for each of the last several fiscal years. These analyses show that the Federal dollars obligated through contracts has been steadily increasing. (2) Contract spending accounts for more than 80 percent of the Federal information technology budget. (3) Spending on cybersecurity, software, cloud computing, and artificial intelligence technologies is projected to grow significantly. (4) Rapid technological developments and increased Government demand create a need for a Federal acquisition workforce with an understanding of technology and related procurement considerations. (5) Recruitment and retention of procurement staff are chief concerns for Federal agencies, which are facing a shortage of procurement professionals despite growing contract spending and the need for a faster procurement process to keep pace with technological advancements. (6) Federal agencies are challenged to shorten the procurement cycle to timely meet agency technology requirements. Unlike in the past, procurements that take years from requirements development to implementation may be obsolete by the time they are fielded. (7) While Federal contracting dollars are increasing year over year, the number of Federal contractors receiving contract awards is shrinking, particularly with regard to new and small companies. This trend could impair the Federal Government's access to innovative commercial technologies. 3. Definitions In this Act: (1) Acquisition workforce The term acquisition workforce means employees of an executive agency who are responsible for procurement, contracting, program or project management, or others as designated by the Chief Acquisition Officer, Senior Procurement Executive, or Head of the Contracting Activity. (2) Administrator The term Administrator means the Administrator for Federal Procurement Policy. (3) Cross-functional The term cross-functional means a structure in which individuals with different functional expertise or from different areas of an organization work together as a team. (4) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. (5) Experiential learning The term experiential learning means on-the-job experiences or simulations that serve to enhance workforce professional skills. (6) Information and communications technology The term information and communications technology has the meaning given the term in subpart 2.101 of the Federal Acquisition Regulation and includes associated services. (7) Qualified business wholly-owned through an employee stock ownership plan The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of such Code). (8) Relevant committees of Congress The term relevant committees of Congress means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (9) Small business The term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 4. Acquisition workforce (a) Pathways to procurement pilot program (1) In general Not later than 1 year after the date of the enactment of this Act, the Administrator, in coordination with the Federal Acquisition Institute and the Office of Personnel Management, as necessary, shall pilot a program for entry of junior and mid-career professionals to the General Schedule Contracting series (GS–1102) workforce, by— (A) considering the inclusion of program participants from other job series and fields, including veterans, military spouses, and private sector procurement professionals; (B) providing alternatives to education and training requirements for entry into the General Schedule Contracting series (GS–1102) workforce, such as allowing for use of educational credits in a technical discipline relevant to agency procurement, such as information and communications technology and scientific and engineering disciplines; (C) providing pathways to reciprocity or fulfillment of certification requirements for Department of Defense professional contracting certification holders and commercial sector acquisition certification holders, such as certified professional contract managers and certified Federal contract managers; and (D) providing a capstone class or experience and relevant mentorship opportunities. (2) Briefing Not later than 2 years after the date of the enactment of this Act, the Administrator shall provide to the relevant committees of Congress a briefing on implementation of the pilot program and any recommendations related to expansion or extension. (3) Duration The duration of the pilot program under this subsection shall be not less than 5 years after the date of the enactment of this Act. (b) Experiential learning Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Institute shall incorporate experiential learning into the training framework for the General Schedule Contracting series (GS–1102). (c) Training on information and communications technology acquisition (1) In general Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Institute, in coordination with the Administrator, the Administrator of General Services, the Chief Information Officers Council, and the United States Digital Service shall develop and implement or otherwise provide a cross-functional information and communications technology acquisition training program to acquisition workforce members involved in acquiring information and communications technology. The training shall— (A) include learning objectives related to market research and communicating with industry, developing requirements, acquisition planning, and awarding and administering contracts for information and communications technology; (B) include learning objectives encouraging use of small business programs to acquire information and communications technology; (C) include learning objectives encouraging the use of commercial or commercially available off-the-shelf (COTS) technologies to the greatest extent practicable; (D) include case studies of lessons learned from Federal information and communications technology procurements and contracts; (E) include experiential learning opportunities; (F) include continuous learning recommendations and resources to keep the skills of acquisition workforce members current; and (G) be made available to acquisition workforce members designated by a Chief Acquisition Officer, Senior Procurement Executive, or Head of the Contracting Activity to participate in the training program. (2) Report Not later than 18 months after the date of the enactment of this Act, the Director of the Federal Acquisition Institute shall provide to the relevant committees of Congress, the Chief Acquisition Officers Council and the Chief Information Officers Council— (A) a briefing outlining the Director’s progress in developing and implementing or otherwise providing the information and communications technology acquisition training described in paragraph (1); and (B) a list of any congressionally mandated acquisition training that the Director determines to be outdated or no longer necessary for other reasons. (3) Duration The training program shall be offered for a minimum of 5 years following the date of implementation of the training program. 5. Innovative procurement methods (a) Guidance on innovative procurement methods Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue guidance to inform executive agencies on the availability of streamlined and alternative procurement methods for procurement of information and communications technology, including— (1) simplified procedures for certain commercial products and commercial services in accordance with subpart 13.5 of the Federal Acquisition Regulation, prize competitions under the America COMPETES Reauthorization Act of 2010 ( Public Law 111–358 ), commercial solutions opening authorities as provided in this section or under separate authority, the Small Business Innovation Research Program, and joint venture partnerships through agreement with National Technical Innovation Service within the Department of Commerce; and (2) information on appropriate use, examples and templates, and any other information determined relevant by the Administrator to assist contracting officers and other members of the acquisition workforce in utilizing the procedures described in paragraph (1). (b) Expansion of commercial solutions opening authority Section 880 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 41 U.S.C. 3301 note) is amended— (1) in subsection (a)— (A) in paragraph (2), by adding at the end the following new subparagraph: (C) The head of an executive agency approved for the program, on a pilot or permanent basis, by the Director of the Office of Management and Budget. ; and (B) in paragraph (3), by adding at the end the following new subparagraph: (C) An executive agency approved for the program by the Director of the Office of Management and Budget. ; (2) in subsection (c), by striking $10,000,000 and inserting $25,000,000 ; (3) by amending subsection (e) to read as follows: (e) Reporting and data collection The head of an agency shall report information on contracts made using procedures under this section to the Office of Management and Budget as determined by the Office of Management and Budget. The Administrator shall collect and analyze data on the use of the authority under this section for the purposes of— (1) developing and sharing best practices; (2) gathering information on the implementation of the authority and related policy issues; and (3) informing the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on the use of the authority. ; (4) by amending subsection (f) to read as follows: (f) Definitions In this section— (1) the term commercial product includes a commercial product or a commercial service, as those terms are defined in sections 103 and 103a, respectively, of title 41, United States Code; and (2) the term innovative means— (A) any new technology, process, or method, including research and development; or (B) any new application of an existing technology, process, or method. ; (5) by striking subsection (g); (6) in the section heading, by striking Pilot programs and inserting Programs ; and (7) by striking pilot each place it appears. (c) Clerical amendment The table of contents in section 2(b) of such Act is amended by striking the item relating to section 880 and inserting the following new item: Sec. 880. Programs for authority to acquire innovative commercial items using general solicitation competitive procedures. . 6. Addressing barriers to entry in Federal contracting (a) Use of past performance Not later than 1 year after the date of the enactment of this Act, the Administrator shall issue guidance, including examples and templates where appropriate, on— (1) when a wider range of projects, such as commercial or non-government, as well as Government projects, should be accepted as relevant past performance, in order to have access to a wider pool of eligible firms with capability to perform a requirement, such as a requirement without much precedent; and (2) use of alternative evaluation methods that may be appropriate for a requirement without much precedent. (b) Addressing barriers to entry (1) Addressing barriers to entry working group Not later than 90 days after the date of the enactment of this Act, the Administrator shall convene a working group or an appropriate existing body (in this section referred to as the working group ), to make recommendations to reduce barriers to entry for entities seeking to do business with the Federal Government. (2) Membership The working group convened under paragraph (1) shall be chaired by the Administrator or a designee of the Administrator and include, at a minimum, representatives from: (A) The General Services Administration. (B) The Department of Homeland Security. (C) The Department of Commerce. (D) The Department of Defense. (E) The Department of Health and Human Services. (F) The Small Business Administration. (G) Any other agencies or organizations, including national security agencies, determined appropriate by the Administrator. (3) Consultation The working group shall obtain input from the public, including from the Procurement Technical Assistance Center (PTAC) network and from other industry representatives, on ways in which Federal procurement policies and regulations are obsolete, overly burdensome or restrictive, and serve to create barriers to participation in Federal contracting or unnecessarily increase bid and proposal costs. (4) Examination of actions The working group shall consider the input obtained under paragraph (3) and any other information determined to be appropriate by the Administrator to identify legislative, regulatory, and other actions to foster more resilient supply chains, provide access to a wider pool of qualified vendors, and increase opportunities for participation of new, small, and nontraditional businesses in the procurement process, in addition to addressing other barriers. (5) Implementation Not later than two years after the date of the enactment of this Act, the Administrator shall, in consultation with the Federal Acquisition Regulatory Council, the Chief Acquisition Officers Council, the working group, and other agencies as appropriate, implement the regulatory and other non-legislative actions identified under paragraph (4) to address barriers to entry for entities seeking to participate in Federal Government procurement. (6) Briefing Not later than two years after the date of the enactment of this Act, the Administrator shall brief the relevant committees of Congress on the legislative actions identified under paragraph (4), and the actions implemented under paragraph (5). (c) Revision to the mandatory use of the cost accounting standards Section 1502(b)(1) of title 41, United States Code, is amended— (1) in subparagraph (B) by striking the amount set forth in section 3702(a)(1)(A) of title 10 as the amount is adjusted in accordance with applicable requirements of law and inserting $15,000,000 ; and (2) in subparagraph (C)— (A) in clause (ii), by striking the semicolon and inserting ; or ; (B) in clause (iii), by striking ; or and inserting a period; and (C) by striking clause (iv). 7. Incentivizing employee stock ownership plans for business growth (a) Pilot program To use noncompetitive procedures for certain follow-On contracts to qualified businesses wholly-Owned through an Employee Stock Ownership Plan (ESOP) (1) Establishment The Administrator may expand the pilot program authorized by section 874 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 3204 note) for governmentwide use, including by coordinating as necessary with the Federal Acquisition Regulatory Council to make related amendments to the Federal Acquisition Regulation. (2) Follow-on contracts Notwithstanding the requirements of section 3301 of title 41, United States Code, for purposes of carrying out a governmentwide ESOP pilot program established under paragraph (1), the products or services to be procured by an executive agency under a follow-on contract with a qualified business wholly-owned through an ESOP for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured under a prior contract may be procured through procedures other than competitive procedures if the performance of the qualified business on the prior contract was rated as satisfactory (or the equivalent) or better. (3) Limitation A qualified business wholly-owned through an ESOP may have a single opportunity for award of a sole-source follow-on contract under this subsection, unless the senior procurement executive of the executive agency awarding the contract approves a waiver of such limitation. (b) Verification and reporting of qualified businesses wholly-Owned through an employee stock ownership plan Under a pilot program established under this section, the Administrator shall establish procedures— (1) for businesses to verify status as a qualified business wholly-owned through an ESOP for the purposes of this section by using existing Federal reporting mechanisms; (2) for a qualified businesses wholly-owned through an ESOP to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, including similarly situated ESOPs if determined appropriate by the Administrator, subject to such necessary and reasonable waivers as the implementing guidance or regulations may prescribe; and (3) to record and provide to relevant committees of Congress upon request information on each follow-on contract awarded under authority of this subsection, including details relevant to the nature of such contract and the qualified business wholly-owned through an ESOP that received the contract. (c) Sunset A pilot program established under this section shall expire on the date that is 5 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4623is/xml/BILLS-117s4623is.xml |
117-s-4624 | II 117th CONGRESS 2d Session S. 4624 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Durbin (for himself and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Project Safe Neighborhoods Grant Program Authorization Act of 2018 to support multijurisdictional task forces that investigate and disrupt illegal firearm trafficking and straw purchasing, and for other purposes.
1. Short title This Act may be cited as the Officer Ella Grace French Task Force Support Act of 2022 . 2. Amendment Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) ) is amended— (1) in paragraph (3), by striking or at the end; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) support for multijurisdictional task forces that coordinate efforts between Federal, State, Tribal, territorial, and local agencies to investigate and disrupt illegal firearms trafficking and straw purchasing. . | https://www.govinfo.gov/content/pkg/BILLS-117s4624is/xml/BILLS-117s4624is.xml |
117-s-4625 | II 117th CONGRESS 2d Session S. 4625 IN THE SENATE OF THE UNITED STATES July 26, 2022 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve nutrition in tribal areas, and for other purposes.
1. Short title This Act may be cited as the Tribal Nutrition Improvement Act of 2022 . 2. Categorical eligibility Section 9(b)(5) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b)(5) ) is amended— (1) in subparagraph (D), by striking or at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (F) a child who is an enrolled member, or who has 1 or more parents who are enrolled members, of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). . 3. Reimbursement rates Section 12(f) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(f) ) is amended— (1) by striking and before the Commonwealth ; (2) by inserting and geographic areas that serve Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )) and elementary schools and secondary schools (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) on or near an Indian reservation before the Secretary ; (3) by inserting or area, as applicable, after such State ; and (4) by inserting or areas, as applicable, after those States . 4. Tribally operated meal pilot program Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by inserting after subsection (c) the following: (d) Tribally operated meal pilot program (1) Definitions In this subsection: (A) Covered school The term covered school means— (i) a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and (ii) an elementary school or secondary school (as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) on or near an Indian reservation. (B) Eligible entity The term eligible entity means— (i) an Indian tribe or tribal organization approved by an Indian tribe; (ii) a tribal educational agency; (iii) a consortium of Indian tribes; and (iv) a partnership between— (I) an Indian tribe; and (II) (aa) a State educational agency; (bb) a local educational agency; (cc) a tribal educational agency; or (dd) the Bureau of Indian Education. (C) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (D) Program The term program means the pilot program established under paragraph (2). (E) Tribal educational agency The term tribal educational agency has the meaning given the term in section 6132(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452(b) ). (2) Establishment The Secretary shall establish a pilot program to award grants to 10 eligible entities to operate and implement in covered schools 1 or more of the following programs: (A) The school lunch program authorized under this Act. (B) The summer food service program for children established under section 13. (C) The child and adult care food program established under section 17. (D) The school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (3) Terms of grant (A) Amount The amount of a grant awarded to an eligible entity under the program shall be negotiated with the eligible entity, but shall be not less than $10,000 and not more than $100,000 for each fiscal year. (B) Term A grant awarded to an eligible entity under the program shall be available for a period of 2 years after the date on which the grant is received by the eligible entity. (4) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Criteria for selection In selecting eligible entities to receive grants under the program, the Secretary shall select eligible entities that— (A) are located in diverse geographic areas; and (B) serve Indian tribes of varying population size. (6) Reimbursements (A) In general Notwithstanding any other provision of law, an eligible entity that receives a grant under the program to operate and implement a program described in subparagraphs (A) through (D) of paragraph (2) shall— (i) with respect to the program described in subparagraph (A) of that paragraph, be reimbursed under that program as if the eligible entity were a State described in section 12(f); (ii) with respect to the program described in subparagraph (B) of that paragraph, be reimbursed under that program as if the eligible entity were a State under section 13; (iii) with respect to the program described in subparagraph (C) of that paragraph, be reimbursed under that program as if the eligible entity were a State under section 17; and (iv) in the case of the program described in subparagraph (D) of that paragraph, shall be reimbursed under that program as if the eligible entity were a State educational agency. (B) Administrative funds An eligible entity that receives a grant under the program shall receive administrative funds at a rate that is consistent with the amount received by a State under section 7 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4625is/xml/BILLS-117s4625is.xml |
117-s-4626 | II 117th CONGRESS 2d Session S. 4626 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components.
1. Short title This Act may be cited as the Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2022 . 2. Energy grid product and component manufacturing in the United States (a) Definitions In this section: (1) Component The term component means any part or element of an energy grid product. (2) Eligible project The term eligible project means a project to reequip, expand, or establish (including through new construction) a manufacturing facility in the United States to produce energy grid products or components. (3) Energy grid product The term energy grid product means— (A) a bulk-power system (as defined in section 215(a) of the Federal Power Act ( 16 U.S.C. 824o(a) )); (B) a large power transformer; (C) a switchgear or breaker; (D) a converter; (E) a direct current filter; (F) an alternating current switch or switchyard; (G) an insulated-gate bipolar transistor; (H) a capacitor; (I) an inductor; (J) an arrestor; (K) a resistor; (L) a distribution transformer; (M) grain-oriented electrical steel; (N) continuously transposed conduction (CTC) copper wire; (O) silicon steel; (P) any insulating material; and (Q) any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities. (4) Secretary The term Secretary means the Secretary of Energy. (b) Loan program (1) Establishment (A) In general Not later than 180 days after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall establish and carry out a program to provide a total of not more than $8,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities relating to eligible projects. (B) Financing method (i) In general Except as provided in clause (ii), a loan under this subsection shall be provided through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. (ii) Cooperation with other institutions A loan under this subsection may be provided in cooperation with 1 or more banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. (C) Credit subsidy The full credit subsidy for each loan provided under this subsection shall be paid by the Secretary using appropriated funds. (2) Application An individual or entity desiring a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that— (A) all laborers and mechanics employed by contractors or subcontractors during any construction, alteration, or repair that is financed, in whole or in part, by a loan provided under this subsection shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and (B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (3) Selection of loan recipients and eligible projects (A) In general The Secretary may provide a loan under this subsection if the Secretary determines that— (i) the loan recipient— (I) has a reasonable prospect of repaying the principal and interest on the loan; (II) will provide sufficient information to the Secretary for the Secretary to ensure that the loan proceeds are expended efficiently and effectively; and (III) has met such other criteria as may be established and published by the Secretary; and (ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the eligible project for which the loan is provided. (B) Reasonable prospect of repayment The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of— (i) the strength of the contractual terms of the applicable eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the loan recipient— (I) at the time of loan close; and (II) throughout the loan term after the applicable eligible project is completed; (v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (4) Rates, terms, and repayment of loans A loan provided under this subsection— (A) shall have an interest rate that, as of the date on which the loan is provided, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of— (i) the projected life, in years, of the eligible project to be carried out using proceeds from the loan, as determined by the Secretary; and (ii) 20 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using proceeds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be subject to the condition that the loan is not subordinate to other financing. (5) Conflicts of interest For each loan provided under this subsection, the Secretary shall certify that political influence did not affect the provision of the loan, including— (A) selection of the eligible project for which the loan was provided; and (B) selection of the loan recipient. (6) Administrative fee The Secretary may charge a fee for the administrative and closing costs of a loan provided under this subsection, subject to the condition that the fee does not exceed the lesser of— (A) $100,000; and (B) 10 basis points of the principal amount of the loan. (c) Improvement Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate an interim final rule establishing regulations that the Secretary determines to be necessary to administer this section and any loans provided by the Secretary under subsection (b). (d) Priority (1) In general In providing loans under this section to manufacturers (including component suppliers) that have existing facilities, the Secretary shall give priority to manufacturers that are seeking to expand manufacturing output through— (A) the establishment of 1 or more new facilities; or (B) the reopening of 1 or more facilities. (2) Idle facilities A facility described in subparagraph (A) or (B) of paragraph (1) may be sitting idle as of the date on which the applicable loan is provided under this section. (e) Set aside for small energy grid product manufacturers and component suppliers (1) Definition of covered firm In this subsection, the term covered firm means a firm that— (A) employs fewer than 500 individuals; and (B) manufactures energy grid products or components. (2) Set aside Of the amounts used to provide loans each fiscal year under subsection (b), the Secretary shall use not less than 5 percent to provide loans to— (A) covered firms; or (B) consortia led by covered firms. (f) Appointment and pay of personnel (1) In general The Secretary may use direct hiring authority pursuant to section 3304(a)(3) of title 5, United States Code, to appoint such professional and administrative personnel as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (2) Rate of pay The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS–15 of the General Schedule under chapter 53 of title 5, United States Code. (3) Consultants The Secretary may retain, pursuant to section 1901 of title 41, United States Code, such consultants as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (g) Outreach In carrying out this section, the Secretary shall— (1) provide assistance with the completion of applications for loans under this section; and (2) conduct outreach, including through conferences and online programs, to disseminate information about loans under this section to potential applicants. (h) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including— (1) a list of projects for which a loan was provided under this section, including, with respect to each project— (A) the loan amount; and (B) the construction status of the project; (2) the status of the loan repayment for each project, including future repayment projections; (3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; (4) a projection of the number of new projects for which the Secretary expects to provide a loan under this section during the 2-year period beginning on the date of the report, including the projected aggregate loan amount over that 2-year period; (5) an evaluation of ongoing compliance with the assurances and commitments (and the accuracy of any predictions) made by applicants pursuant to paragraphs (2) and (3) of subsection (b); (6) the total number of applications received by the Secretary each year; and (7) any other metrics that the Secretary determines to be appropriate. (i) Funding (1) Rescission Of the unobligated balance of amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( Public Law 110–329 ; 122 Stat. 3578), $2,400,000,000 are rescinded. (2) Direct appropriation If sufficient unobligated amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( Public Law 110–329 ; 122 Stat. 3578), are available on the date of enactment of this Act to execute the entire rescission described in paragraph (1), on the day after the execution of the entire rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $2,400,000,000 to carry out this section, to remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4626is/xml/BILLS-117s4626is.xml |
117-s-4627 | II 117th CONGRESS 2d Session S. 4627 IN THE SENATE OF THE UNITED STATES July 27, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To include smoke in the definition of disaster in the Small Business Act, and for other purposes.
1. Short title This Act may be cited as the Small Business Wildfire Smoke Recovery Act . 2. Definition of disaster Section 3(k)(2) of the Small Business Act ( 15 U.S.C. 632(k)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) smoke. . | https://www.govinfo.gov/content/pkg/BILLS-117s4627is/xml/BILLS-117s4627is.xml |
117-s-4628 | II 117th CONGRESS 2d Session S. 4628 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Grassley (for himself, Mr. Graham , Mr. Cornyn , Mr. Lee , Mr. Cruz , Mr. Sasse , Mr. Hawley , Mr. Cotton , Mr. Kennedy , Mr. Tillis , Mrs. Blackburn , Mrs. Capito , Mr. Cassidy , Ms. Collins , Mr. Cramer , Mr. Crapo , Mrs. Fischer , Mr. Hagerty , Mr. Inhofe , Mr. Lankford , Mr. McConnell , Mr. Risch , Mr. Rubio , Mr. Scott of South Carolina , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve certain criminal provisions.
1. Short title This Act may be cited as the Combating Violent and Dangerous Crime Act . 2. Bank robbery and related crimes Section 2113 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking , or attempts to take, ; (B) by striking or attempts to obtain ; and (C) by inserting before ; or the following: , or attempts to do so ; (2) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (3) by inserting after subsection (e) the following: (f) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. . 3. Homicide offenses (a) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim A prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim. . (b) Table of contents The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim. . 4. Protection of officers and employees of the United States (a) Findings Congress finds the following: (1) Officers and employees of the United States Government dutifully and faithfully serve the United States, often placing themselves at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States. (2) In prohibiting the assaulting, resisting, or impeding of officers and employees of the United States Government, Congress intended to maximize protection for Federal officers and employees and ensure that individuals who kill or assault Federal officers or employees are prosecuted. (3) The United States Court of Appeals for the Sixth Circuit analyzed section 111 of title 18, United States Code, correctly when it found, Categorizing § 111(a)(1) as a general intent crime furthers the congressional objective: If a person acts in a manner which is assaultive toward a federal official, without specifically intending harm or the apprehension of imminent harm, the official still would be impeded in the performance of his official duties. United States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa. 1994). (4) Federal courts, including the United States Courts of Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits, have correctly interpreted section 111 of title 18, United States Code, to be a crime of general intent rather than a crime of specific intent. (5) Other Federal courts, including the United States Courts of Appeals for the First, Fifth, and Tenth Circuits, have issued decisions with language arguably suggesting that section 111 of title 18, United States Code, is a crime of specific intent rather than a crime of general intent, creating the appearance of a split among the United States courts of appeals. (6) In light of the appearance of a split among the United States courts of appeals described in paragraph (5), it has become necessary for Congress to clarify its original intent that section 111 of title 18, United States Code, is a crime of general intent. (b) Amendment Section 111 of title 18, United States Code, is amended by adding at the end the following: (d) Knowledge of defendant In a prosecution for an offense under subsection (a), the Government need not prove that the defendant— (1) knew that the victim of the offense was a person designated in section 1114 or performed official duties during service as a person so designated; or (2) acted with any intent greater than knowledge. . 5. Motor vehicles Section 2119 of title 18, United States Code, is amended— (1) in the matter preceding paragraph (1)— (A) by striking , with the intent to cause death or serious bodily harm ; (B) by inserting a comma after force and violence ; and (C) by inserting or conspires after attempts ; (2) in paragraph (1), by striking 15 years and inserting 20 years ; (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (4) by inserting after paragraph (1) the following: (2) if a dangerous weapon or device is used in committing, or in attempting to commit, the offense, be fined under this title or imprisoned not more than 25 years, or both, ; and (5) in paragraph (3), as so redesignated, by striking 25 years and inserting 40 years . 6. Penalties for firearms offenses Section 924(c)(3)(B) is amended to read as follows: (B) is a conspiracy, or an attempt, to commit an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another. . 7. Offenses involving candy-flavored controlled substances manufactured or distributed for minors (a) In general Part D of the Controlled Substances Act ( 21 U.S.C. 841 et seq. ) is amended by inserting after section 418 the following: 418a. Manufacturing or distributing candy-flavored controlled substances for minors (a) Except as provided in subsection (c) and in section 418, 419, or 420, a person shall be subject to the penalty described in subsection (b) if the person violates section 401(a)(1)— (1) by manufacturing, creating, distributing, dispensing, or possessing with intent to distribute a controlled substance listed in schedule I or II that is— (A) combined with a candy or beverage product; (B) marketed or packaged to appear similar to a candy or beverage product; or (C) modified by flavoring or coloring to appear similar to a candy or beverage product; and (2) knowing, or having reasonable cause to believe, that the controlled substance will be distributed, dispensed, or sold to a person under 18 years of age. (b) The penalty described in this subsection is— (1) in the case of a first offense involving the same controlled substance and schedule, an additional term of imprisonment of not more than 10 years; and (2) in the case of a second or subsequent offense involving the same controlled substance and schedule, an additional term of imprisonment of not more than 20 years. (c) Subsection (a) shall not apply to any controlled substance that— (1) has been approved by the Secretary under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), if the contents, marketing, and packaging of the controlled substance have not been altered from the form approved by the Secretary; or (2) has been altered at the direction of a practitioner who is acting for a legitimate medical purpose in the usual course of professional practice. . (b) Technical and conforming amendment The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( Public Law 91–513 ; 84 Stat. 1236) is amended by inserting after the item relating to section 418 the following: Sec. 418a. Manufacturing or distributing candy-flavored controlled substances for minors. . (c) Sentencing Guidelines Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend and review the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 2 offense levels for a violation of section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) if the defendant— (1) manufactures, creates, distributes, dispenses, or possesses with intent to distribute a controlled substance listed in schedule I or II that is— (A) combined with a candy or beverage product; (B) marketed or packaged to appear similar to a candy or beverage product; or (C) modified by flavoring or coloring to appear similar to a candy or beverage product; and (2) knows, or has reasonable cause to believe, that the controlled substance will be distributed, dispensed, or sold to a person under 18 years of age. 8. Kidnapping Section 1201 of title 18, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) Kidnapping (1) Offense Except as provided in paragraph (2), it shall be unlawful for any person, in any circumstance described in paragraph (3), to— (A) unlawfully— (i) seize, confine, kidnap, abduct, or carry away an individual by— (I) force and violence; or (II) intimidation; or (ii) inveigle or decoy an individual; and (B) hold the individual described in subparagraph (A) for ransom, reward, or otherwise. (2) Exception Paragraph (1) shall not apply to an act done against a minor by the parent thereof. (3) Circumstances A circumstance described in this paragraph is that— (A) the individual is willfully transported in interstate or foreign commerce, regardless of whether the individual was alive when transported across a State boundary, or the offender travels in interstate or foreign commerce or uses the mail or any means, facility, or instrumentality of interstate or foreign commerce in committing or in furtherance of the commission of the offense; (B) any such act against the individual is done within the special maritime and territorial jurisdiction of the United States; (C) any such act against the individual is done within the special aircraft jurisdiction of the United States as defined in section 46501 of title 49; (D) the individual is a foreign official, an internationally protected person, or an official guest as those terms are defined in section 1116(b) of this title; or (E) the individual is among those officers and employees described in section 1114 of this title and any such act against the individual is done while the individual is engaged in, or on account of, the performance of official duties. (4) Penalty Any person who commits a violation under this subsection shall be punished by imprisonment for any term of years or for life and, if the death of any individual results, shall be punished by death or life imprisonment. ; (2) in subsection (b)— (A) by striking subsection (a)(1), above, and inserting subsection (a)(3)(A) ; (B) by striking he and inserting the victim ; and (C) by striking under this section and inserting under this subsection ; and (3) in subsection (f), by striking subsection (a)(4) each place it appears and inserting subsection (a) with respect to a circumstance described in paragraph (3)(D) of that subsection . | https://www.govinfo.gov/content/pkg/BILLS-117s4628is/xml/BILLS-117s4628is.xml |
117-s-4629 | II 117th CONGRESS 2d Session S. 4629 IN THE SENATE OF THE UNITED STATES July 27, 2022 Ms. Rosen (for herself, Mr. Cornyn , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 to modify requirements relating to data centers of certain Federal agencies, and for other purposes.
1. Short title This Act may be cited as the Federal Data Center Enhancement Act of 2022 . 2. Federal Data Center Consolidation Initiative Amendments (a) Findings Congress finds the following: (1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) expires at the end of fiscal year 2022. (2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government. (3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010— (A) the consolidation of more than 6,000 Federal data centers; and (B) cost savings and avoidance of $5,800,000,000. (4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015. (5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, sustainable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States. (6) As of the date of enactment of this Act, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, availability, and sustainability. (b) Minimum requirements for new data centers Section 834 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended— (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: (3) New data center The term new data center means a— (A) (i) data center or a portion thereof that is owned, operated, or maintained by a covered agency; or (ii) to the extent practicable, a data center or portion thereof— (I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and (II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and (B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2022 that is— (i) established; or (ii) substantially upgraded or expanded. ; (2) by striking subsection (b) and inserting the following: (b) Minimum requirements for new data centers (1) In general Not later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2022 , the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council. (2) Contents (A) In general The minimum requirements established under paragraph (1) shall include requirements relating to— (i) the availability of new data centers; (ii) the use of new data centers; (iii) the use of sustainable energy sources; (iv) uptime percentage; (v) protections against power failures, including on-site energy generation and access to multiple transmission paths; (vi) protections against physical intrusions and natural disasters; (vii) information security protections required by subchapter II of chapter 35 of title 44, United States Code, and other applicable law and policy; and (viii) any other requirements the Administrator determines appropriate. (B) Consultation In establishing the requirements described in subparagraph (A)(vii), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director. (3) Use of existing standards The Administrator may incorporate the minimum requirements established under paragraph (1) into the appropriate requirements of any agency data center existing as of the date of enactment of the Federal Data Center Enhancement Act of 2022 . (4) Review of standards The Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary. (5) Report on new data centers During the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to the new data center, the head of the covered agency shall— (A) notify— (i) the Administrator; (ii) Committee on Homeland Security and Governmental Affairs of the Senate ; and (iii) Committee on Oversight and Reform of the House of Representatives ; and (B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1). (6) Use of technology In determining whether to establish or continue to operate a data center, the head of a covered agency shall— (A) regularly assess the application portfolio of the covered agency and ensure that each legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and (B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure. ; and (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general The head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including— (A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology; (B) applicable provisions found within the Federal Risk and Authorization Management Program; and (C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code. . (c) Extension of sunset Section 834(e) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 44 U.S.C. 3601 note; Public Law 113–291 ) is amended by striking 2022 and inserting 2025 . | https://www.govinfo.gov/content/pkg/BILLS-117s4629is/xml/BILLS-117s4629is.xml |
117-s-4630 | II 117th CONGRESS 2d Session S. 4630 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 37 of title 18, United States Code, to authorize appropriate disclosure of classified information, to appropriately limit the scope of the offense of disclosing classified information, and for other purposes.
1. Short title This Act may be cited as the Espionage Act Reform Act of 2022 . 2. Disclosure of classified information related to signals intelligence (a) Authority To disclose information Section 798(c) of title 18, United States Code, is amended by striking furnishing, and all that follows and inserting the following: “furnishing of information to— (1) any Member of the Senate or the House of Representatives; (2) a Federal court, in accordance with such procedures as the court may establish; (3) the inspector general of an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), including the Inspector General of the Intelligence Community; (4) the Chairman or a member of the Privacy and Civil Liberties Oversight Board or any employee of the Board designated by the Board, in accordance with such procedures as the Board may establish; (5) the Chairman or a commissioner of the Federal Trade Commission or any employee of the Commission designated by the Commission, in accordance with such procedures as the Commission may establish; (6) the Chairman or a commissioner of the Federal Communications Commission or any employee of the Commission designated by the Commission, in accordance with such procedures as the Commission may establish; or (7) any other person or entity authorized to receive disclosures containing classified information pursuant to any applicable law, regulation, or executive order regarding the protection of whistleblowers. . (b) Authorized persons Section 798(b) of title 18, United States Code, is amended— (1) in the matter preceding the first undesignated paragraph, by striking this section— and inserting this section: ; (2) by striking The term classified information means information which, at the time of a violation of this section, is, and inserting the following: (1) The term classified information — (A) means information which, at the time of a violation of this section, is known to the person violating this section to be, ; (3) in paragraph (1), as so designated— (A) by inserting and after distribution; ; and (B) by adding at the end the following: (B) does not include any information that is specifically designated as Unclassified under any Executive Order, Act of Congress, or action by a committee of Congress in accordance with the rules of its House of Congress. ; (4) by striking The terms code, cipher, and cryptographic system include and inserting the following: (2) The terms code , cipher , and cryptographic system include ; (5) in paragraph (2), as so designated, by striking communications; and inserting communications. ; (6) by striking The term ‘foreign and inserting the following: (5) The term ‘foreign ; (7) in paragraph (5), as so designated, by striking United States; and inserting United States. ; (8) by striking The term ‘communication and inserting the following: (3) The term ‘communication ; (9) in paragraph (3), as so designated, by striking recipients; and inserting recipients. ; (10) by transferring paragraph (3), as so designated, to appear after paragraph (2), as so designated; and (11) by striking The term ‘unauthorized and all that follows through for the United States. and inserting the following: (6) The term unauthorized person means any person who, or agency which, is not authorized to receive information of the categories set forth in subsection (a) of this section by— (A) the President; (B) the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States; or (C) an Act of Congress. . (c) Scope of prohibition Section 798 of title 18, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) by striking Whoever and inserting Any individual who ; and (B) by inserting obtained by the individual while the individual was a covered person and acting within the scope of his or her activities as a covered person after any classified information ; and (2) in subsection (b), by inserting after paragraph (3), as so designated and transferred by subsection (b) of this section, the following: (4) The term covered person means an individual who— (A) receives official access to classified information granted by the United States Government; (B) signs a nondisclosure agreement with regard to such classified information; and (C) is authorized to receive information of the categories set forth in subsection (a) of this section— (i) by the President; or (ii) the head of a department or agency of the United States Government which is expressly designated by the President to engage in communication intelligence activities for the United States. . (d) Limitation on scope Section 798 of title 18, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) (1) In this subsection, the term foreign agent — (A) has the meaning given the term agent of a foreign power under section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); and (B) does not include a person who is an agent of a foreign power (as so defined) with respect to a foreign power described in section 101(a)(5) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(a)(5) ). (2) A foreign agent who— (A) aids, abets, counsels, commands, induces, or procures the commission of an offense under this section shall be subject to prosecution under this section by virtue of section 2 of this title; (B) knowing that an offense under this section has been committed by another person, receives, relieves, comforts, or assists such other person in order to hinder or prevent the apprehension, trial, or punishment of such other person shall be subject to prosecution under section 3 of this title; (C) having knowledge of the actual commission of an offense under this section, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be subject to prosecution under section 4 of this title; or (D) conspires to commit an offense under this section shall be subject to prosecution under section 371 of this title. (3) Any person who is not a foreign agent shall not be subject to prosecution under this section by virtue of section 2 of this title or under section 3, 4, or 371 of this title, unless the person— (A) commits a felony under Federal law in the course of committing an offense under this section (by virtue of section 2 of this title) or under section 3, 4, or 371 of this title; (B) was a covered person at the time of the offense; or (C) subject to paragraph (4), directly and materially aids, or procures in exchange for anything of monetary value, the commission of an offense under this section with the specific intent to— (i) harm the national security of the United States; or (ii) benefit any foreign government to the detriment of the United States. (4) Paragraph (3)(C) shall not apply to direct and material aid that consists of— (A) counseling, education, or other speech activity; or (B) providing an electronic communication service to the public or a remote computing service (as such terms are defined in section 2510 and 2711, respectively). . 3. Gathering, transmitting, or losing defense information (a) Definitions Section 793 of title 18, United States Code, is amended by adding at the end the following: (i) In this section— (1) the term covered person means an individual who— (A) receives official access to classified information granted by the United States Government; (B) signs a nondisclosure agreement with regard to such classified information; and (C) is authorized to receive documents, writings, code books, signal books, sketches, photographs, photographic negatives, blueprints, plans, maps, models, instruments, appliances, or notes of anything connected with the national defense by— (i) the President; or (ii) the head of a department or agency of the United States Government which is expressly designated by the President to engage in activities relating to the national defense; and (2) the term foreign agent — (A) has the meaning given the term agent of a foreign power under section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); and (B) does not include a person who is an agent of a foreign power (as so defined) with respect to a foreign power described in section 101(a)(5) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801(a)(5) ). . (b) Obtaining or receiving defense information Section 793(c) of title 18, United States Code, is amended— (1) by striking Whoever and inserting A foreign agent who ; (2) by inserting and with like intent or reason to believe, after aforesaid, ; and (3) by striking he and inserting the foreign agent . (c) Transmission of lawfully possessed defense information to unauthorized persons Section 793(d) of title 18, United States Code, is amended by striking or note relating to the national defense, or information relating to the national defense which information and inserting note, or information relating to the national defense, which document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, note, or information . (d) Transmission of unlawfully possessed defense information to unauthorized persons Section 793(e) of title 18, United States Code, is amended to read as follows: (e) An individual who— (1) while a covered person, gains unauthorized possession of, access to, or control over any nonpublic document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note of anything connected with the national defense; and (2) (A) with reason to believe such information could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit, or cause to be communicated, delivered, or transmitted, the same to any person not entitled to receive it; or (B) willfully— (i) retains the same at an unauthorized location; and (ii) fails to deliver the same to the officer or employee of the United States entitled to receive it; or . (e) Obtaining information from places connected with the national defense Section 793(a) of title 18, United States Code, is amended by striking otherwise obtains information concerning and inserting otherwise unlawfully obtains nonpublic information concerning . (f) Copying and taking defense information Section 793(b) of title 18, United States Code, is amended— (1) by striking Whoever, and inserting An individual who, while a covered person, ; and (2) by inserting nonpublic before sketch, . (g) Limitation on scope Section 793 of title 18, United States Code, is amended by striking subsection (g) and inserting the following: (g) (1) A foreign agent who— (A) aids, abets, counsels, commands, induces, or procures the commission of an offense under this section shall be subject to prosecution under this section by virtue of section 2 of this title; (B) knowing that an offense under this section has been committed by another person, receives, relieves, comforts, or assists such other person in order to hinder or prevent the apprehension, trial, or punishment of such other person shall be subject to prosecution under section 3 of this title; (C) having knowledge of the actual commission of an offense under this section, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States shall be subject to prosecution under section 4 of this title; or (D) conspires to commit an offense under this section shall be subject to prosecution under section 371 of this title. (2) Any person who is not a foreign agent shall not be subject to prosecution under this section by virtue of section 2 of this title or under section 3, 4, or 371 of this title, unless the person— (A) commits a felony under Federal law in the course of committing an offense under this section (by virtue of section 2 of this title) or under section 3, 4, or 371 of this title; (B) was a covered person at the time of the offense; or (C) subject to paragraph (3), directly and materially aids, or procures in exchange for anything of monetary value, the commission of an offense under this section with the specific intent to— (i) harm the national security of the United States; or (ii) benefit any foreign government to the detriment of the United States. (3) Paragraph (2)(C) shall not apply to direct and material aid that consists of— (A) counseling, education, or other speech activity; or (B) providing an electronic communication service to the public or a remote computing service (as such terms are defined in section 2510 and 2711, respectively). . 4. Public money, property, or records Section 641 of title 18, United States Code, is amended in the first undesignated paragraph by inserting tangible before thing of value . 5. Rule of construction Nothing in section 793 or 798 of title 18, United States Code, shall be construed to supersede or limit the protections under the speech or debate clause of the Constitution of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s4630is/xml/BILLS-117s4630is.xml |
117-s-4631 | II 117th CONGRESS 2d Session S. 4631 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Markey (for himself, Mr. Sanders , Ms. Warren , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to direct the Secretary of the Interior to conduct a study of the Deerfield River for potential addition to the national wild and scenic rivers system, and for other purposes.
1. Short title This Act may be cited as the Deerfield River Wild and Scenic River Study Act of 2022 . 2. Designation for study; Report Section 5 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276 ) is amended— (1) in subsection (a), by adding at the end the following: (145) Deerfield River, Massachusetts and Vermont The entire river, including— (A) the North, South, East, and West Branches of the Deerfield River; and (B) the major tributaries of the Deerfield River, including the Green River, North River, South River, Clesson Brook, Chickley River, Cold River, Gulf Brook, Bog Brook, and Dunbar Brook. ; and (2) in subsection (b), by adding at the end the following: (22) Deerfield River, Massachusetts and Vermont 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 described in subsection (a)(145); and (B) submit to the appropriate committees of Congress a report describing the results of such study. . | https://www.govinfo.gov/content/pkg/BILLS-117s4631is/xml/BILLS-117s4631is.xml |
117-s-4632 | II 117th CONGRESS 2d Session S. 4632 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote economic and commercial opportunities internationally, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Economic and Commercial Opportunities and Networks Act of 2022 or the ECON Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Strengthening the Department of State Economic Corps Sec. 101. Duties of Foreign Service economic officers. Sec. 102. Establishment of new award of excellence for economic officers. Sec. 103. Report on chiefs of mission and deputy chiefs of mission by cone. Sec. 104. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 105. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. TITLE II—Upping America's game in the field Sec. 201. Chief of Mission economic responsibilities. Sec. 202. Direction to embassy deal teams. Sec. 203. Establishment of a Deal Team of the Year award. Sec. 204. Economic defense response teams. TITLE III—Cooperating with allies and partners Sec. 301. Investing in talent in Southeast Asia and the Pacific Islands. Sec. 302. Regulatory exchanges with allies and partners. Sec. 303. Infrastructure Transaction and Assistance Network. Sec. 304. Digital Connectivity and Cybersecurity Partnership. TITLE IV—Boosting international trade and investment Sec. 401. Pilot program to audit barriers to trade in developing partner countries. Sec. 402. Promoting adoption of United Nations Convention on Assignment of Receivables in International Trade. TITLE V—Combating anti-competitive behavior Sec. 501. Predatory pricing by entities owned, controlled, or directed by a foreign state. Sec. 502. Expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles. Sec. 503. Review of petitions related to intellectual property theft and forced technology transfer. I Strengthening the Department of State Economic Corps 101. Duties of Foreign Service economic officers (a) In general Chapter 5 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 3981 et seq. ) is amended by adding at the end the following: 506. Duties of economic officers (a) In general The Secretary of State shall direct the economic officers of the Foreign Service— (1) to negotiate agreements with foreign governments and international organizations; (2) to inform the Washington, D.C., headquarters offices of Federal agencies with respect to the positions of foreign governments and international organizations in negotiations; (3) to advance and oversee— (A) the routine implementation and maintenance of economic and commercial agreements; and (B) other initiatives in the countries to which such officers are assigned related to improving economic or commercial relations for the benefit of United States persons, including businesses; (4) to identify, and help design and execute, in consultation with other Federal agencies, United States policies, programs, and initiatives, including capacity building efforts, to advance policies of foreign governments that improve local economic governance, market-based business environments, and market access, increase trade and investment opportunities, or provide a more level playing field for United States persons, including with respect to— (A) improving revenue collection; (B) streamlining customs processes and improving customs transparency and efficiency; (C) improving regulatory management; (D) improving procurement processes, including facilitating transparency in tendering, bidding, and contact negotiation; (E) advancing intellectual property protections; (F) eliminating anticompetitive subsidies and improving the transparency of remaining subsidies; (G) improving budget management and oversight; and (H) strengthening management of important economic sectors; (5) to prioritize active support of economic and commercial goals by United States persons abroad, in conjunction with the United States and Foreign Commercial Service (established by section 2301 of the Export Enhancement Act of 1988 ( 15 U.S.C. 4721 )), including by— (A) providing United States persons with leads, information on open tenders, and introductions to relevant contacts within foreign countries; (B) assisting United States persons in their dealings with foreign governments and enterprises owned by foreign governments; (C) providing United States persons with information and assistance in using all types of United States Government support with respect to international economic matters, including such support provided by the Department of State, the Department of Commerce, the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Trade and Development Agency, the Department of Agriculture, and the Department of the Treasury; and (D) receiving feedback from United States persons with respect to support described in subparagraph (C) and reporting that feedback to the chief of mission and to the headquarters of the Department of State; (6) to consult closely and regularly with the private sector, as described in section 709 of the Championing American Business through Diplomacy Act ( 22 U.S.C. 9905 ); (7) to identify and execute opportunities for the United States to counter policies, initiatives, or activities by authoritarian governments or enterprises affiliated with such governments that are anticompetitive or undermine the sovereignty or prosperity of the United States or a partner country; (8) to identify and execute opportunities for the United States in new and emerging areas of trade and investment, such as digital trade and investment; (9) to monitor the development and implementation of bilateral and multilateral economic agreements and provide recommendations to the Secretary of State and the heads of other relevant Federal agencies with respect to United States actions and initiatives relating to those agreements; (10) to maintain complete and accurate records of the performance measurements of the Department for economic and commercial diplomacy activities, as directed by the chief of mission and other senior officials of the Department; (11) to report on issues and developments with direct relevance to United States economic and national security interests, especially when accurate, reliable, timely, and cost-effective information is unavailable from non-United States Government sources; and (12) to coordinate all activities as necessary and appropriate with counterparts in other agencies. (b) Regulatory updates The Secretary of State shall update guidance in the Foreign Affairs Manual and other regulations and guidance as necessary to implement this section. (c) United States person defined In this section, the term United States person means— (1) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (2) 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. . (b) Clerical amendment The table of contents for the Foreign Service Act of 1980 is amended by inserting after the item relating to section 505 the following: Sec. 506. Duties of economic officers. . 102. Establishment of new award of excellence for economic officers Chapter 6 of the Foreign Service Act of 1980 ( 22 U.S.C. 4001 et seq. ), is amended by adding at the end the following new section: 615. Foreign service awards for outstanding contributions to United States economic and commercial diplomacy (a) Establishment The Secretary of State shall establish an award to recognize outstanding contributions to advancing United States interests in the areas of economic diplomacy or commercial diplomacy. The award shall be known as the Congressional Award for High Achievement in Economic and Commercial Diplomacy . (b) Award content The recipients of this award shall receive— (1) a certificate signed by the Secretary of State; (2) a cash award of $15,000; and (3) in the case of Foreign Service employees, inclusion in the next employee evaluation report; or (4) in the case of Civil Service employees, inclusion in the next annual performance evaluation. (c) Eligibility The following individuals are eligible for an award under this section: (1) Economic officers in the Foreign Service with at least three years of experience and one overseas posting with responsibilities for United States economic and commercial interests; and (2) Civil Service employees with at least three years of experience and with direct responsibility for economic and commercial matters. (d) Number of awardees For each fiscal year, the Secretary of State shall award— (1) no fewer than 3 awards and no more than 5 awards to members of the Foreign Service; and (2) no fewer than 3 award and no more than 5 awards to Civil Service employees. (e) Criteria Selection for an award under this section shall be based on— (1) the employee playing a key or decisive role in the establishment or improvement in an overseas market of free and fair market practice or practices; (2) the employee playing a key or decisive role in assisting a United States company to achieve a substantial economic, commercial, or investment goal in an overseas market or markets; (3) the employee playing a key or decisive role in the expansion of trade or investment ties with another country or countries; (4) the employee playing a key or decisive role in the advancement of regional economic integration that has tangible benefits for the United States economy; (5) the employee demonstrating excellence in advancing United States interests and partnerships in the digital economy; (6) the employee demonstrating excellence in advancing United States interests and partnerships with respect to infrastructure; (7) the employee demonstrating excellence in advancing United States interests and partnerships with respect to energy; (8) the employee advancing a concrete policy, action, or initiative that counters authoritarian models of economic governance or anti-competitive economic behavior that undermines free markets; or (9) any combination of such criteria. (f) Restriction The Secretary of State shall not provide an award solely on the basis of an employee demonstrating excellence in one of the following activities: (1) Providing economic reporting through cables and via other means. (2) Writing a Department report or reports on economic matters. (g) Authorization of appropriations For each of fiscal years 2023 through 2030, there is authorized to be appropriated to the Department of State $150,000 for the purposes of providing cash awards to recipients of the award established under this section. (h) Transmission to Congress Not later than the end of the relevant fiscal year, the Secretary of State shall submit the following information to the appropriate congressional committees: (1) The name of each awardee. (2) The current position and Foreign Service or General Schedule rank of each awardee. (3) A description of the basis on which each awardee received the award. . 103. Report on chiefs of mission and deputy chiefs of mission by cone (a) Report Not later than April 1, 2023, and annually thereafter for four years, the Secretary of State shall submit to the appropriate congressional committees a report that includes— (1) the Foreign Service cone of each current chief of mission and deputy chief of mission (or whoever is acting in the capacity of chief or deputy chief of mission if none is present) for each United States embassy in which there is a Foreign Service office filling either of those positions; and (2) the aggregated global data for chiefs of mission and deputy chiefs of mission by cone. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. 104. Report on recruitment, retention, and promotion of Foreign Service economic officers (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the recruitment, retention, and promotion of economic officers in the Foreign Service. (b) Elements The report required by subsection (a) shall include the following: (1) An overview of the key challenges the Department of State faces in recruiting individuals to serve as economic officers in the Foreign Service. (2) An overview of the key challenges the Department faces in retaining individuals serving as economic officers in the Foreign Service, particularly at the level of GS–14 of the General Schedule and higher. (3) An overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the civil service. (4) A comparison of promotion rates for economic officers in the Foreign Service relative to other officers in the Foreign Service. (5) An identification by region of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the Foreign Service at such posts. (6) A summary and analysis of the factors that lead to the promotion of economic officers in the Foreign Service. (7) A summary and analysis of the factors that lead to the promotion of individuals serving in economic positions in the civil service. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. 105. Mandate to revise Department of State metrics for successful economic and commercial diplomacy (a) Mandate To revise Department of State performance measures for economic and commercial diplomacy The Secretary of State, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall conduct a full review and revision of Department of State performance measures for economic and commercial diplomacy. The revision shall identify outcome-oriented, and not process-oriented, performance metrics, including metrics that— (1) measure how Department of State efforts advanced specific economic and commercial objectives and led to successes for the United States or other private sector actors overseas; and (2) that focus on customer satisfaction with Department of State services and assistance. (b) Plan for ensuring complete data for performance measures As part of the review required under subsection (a), the Secretary of State shall include a plan for ensuring that the Department of State, both at main headquarters and at domestic and overseas posts, maintains and fully updates data on performance measures to ensure that Department of State leadership and the appropriate congressional committees can evaluate the extent to which the Department is advancing United States economic and commercial interests abroad through meeting performance targets. (c) Report on private sector surveys The Secretary of State, acting through the Under Secretary for Economic Growth, Energy, and the Environment, shall prepare a report that lists and describes any and all methods through which the Department of State conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the Department of State to advance private sector economic and commercial goals in foreign markets. (d) Transmission to Congress (1) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees the revised performance metrics required under subsection (b) and the report required under subsection (d). (2) Briefing Not later than 30 days after the report submissions required under paragraph (1), the Under Secretary for Economic Growth, Energy, and the Environment shall brief the appropriate congressional committees. (e) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. II Upping America's game in the field 201. Chief of Mission economic responsibilities Section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ) is amended by adding at the end the following new subsection: (e) Embassy economic team (1) Coordination and supervision responsibility The Chief of Mission shall have responsibility for coordinating and supervising the implementation of all United States economic policy interests within the host country, among all United States Government departments and agencies present in that country. (2) Accountability The Chief of Mission shall be held accountable for the performance of United States missions in advancing United States economic policy interests within the host country, including the activities and initiatives of all United States Government departments and agencies present in that country. (3) Mission economic team The Chief of Mission shall form an economic team made up of appropriate embassy staff with responsibility for— (A) monitoring notable economic developments in the host country; and (B) developing plans and strategies for advancing United States economic and commercial interests in the host country including— (i) tracking legislative, regulatory, judicial, and policy developments that could affect United States economic interests; (ii) advocating for best practices with respect to policy and regulatory developments; (iii) conducting a regular analysis of market systems, trends, prospects, and opportunities for value-addition, including risk assessments and constraints analyses of key sectors and of United States strategic competitiveness, and other reporting on commercial opportunities and investment climate; and (iv) providing recommendations for responding to such developments that may adversely affect United States economic and commercial interests. . 202. Direction to embassy deal teams (a) Purposes The purposes of deal teams at United States embassies and consulates are— (1) to promote a private sector-led approach to advance economic growth and job creation, tailored as appropriate to specific economic sectors and while advancing strategic partnerships; (2) to prioritize efforts to identify commercial opportunities, advocate for improvements in the business and investment climate, engage and consult with private sector partners, and report on such activities, in compliance with the applicable requirements of the Championing American Business Through Diplomacy Act of 2019 (title VII of division J of Public Law 116–94 ; 22 U.S.C. 9901 et seq. ); (3) to identify trade and investment opportunities for United States companies in foreign markets, or assist with existing trade and investment opportunities already identified by United States companies, and deploy United States Government economic and other tools to help such United States companies to secure their objectives; (4) to identify and facilitate opportunities for entities in a host country to increase exports to or investment in the United States in order to grow two-way trade and investment; (5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; (6) to identify and secure United States or allied government support, including through the Strategic Infrastructure Fund authorized under section 303(c), of strategic projects, including projects vulnerable to predatory investment by an authoritarian country or entity in such country, where support or investment serves an important United States interest; (7) to coordinate across the United States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic and commercial objectives; and (8) to coordinate with the Central Deal Team located in the United States on all these and other relevant matters. (b) Clarification A deal team may, but does not have to, consist of the same personnel as a mission economic team formed pursuant to subsection (d)(3) of section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ), as added by section 201 of this Act. (c) Restrictions Deal teams may not provide support for, or assist a United States person with a transaction with, a government, or an entity owned or controlled by a government, if the Secretary of State has determined that the government— (1) has repeatedly provided support for acts of international terrorism for purposes of— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 ); (B) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ); (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (D) any other relevant provision of law; or (2) has engaged in a consistent pattern of gross violations of internationally recognized human rights for purposes of section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provision of law. (d) Further restrictions (1) Prohibition on support of sanctioned persons Deal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary of State. (2) Prohibition on support of activities subject to sanctions Any person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance. (e) Chief of Mission authority and accountability The Chief of Mission is the designated leader of a deal team in a given partner country, and shall be held accountable for the performance and effectiveness of United States deal teams in that country. (f) Annual guidance cable Not later than January 31 each year, the Secretary of State shall send an All Diplomatic and Consular Posts (ALDAC) guidance cable on the role of deal teams that includes relevant and up-to-date information to enhance the effectiveness of deal teams in-country. (g) Additional guidance cables The requirement of an annual ALDAC shall not be construed to preclude the Secretary of State from sending other communications to overseas posts regarding deal teams. (h) Certification Not later than February 10 of each year, the Secretary of State shall certify to Congress that the cable required under subsection (f) was transmitted as an All Diplomatic and Consular Posts (ALDAC) cable, and shall provide a brief summary of the cable, including any major updates or changes compared with the prior annual guidance cable. (i) Report Concurrently with the certification required under subsection (h), the Secretary of State shall submit an unclassified report to the appropriate congressional committees on the activities, achievements, and failures of deal teams, which shall include— (1) a description of the nature and extent of coordination among relevant Federal departments and agencies; (2) the dollar value of deals successfully completed by deal teams, disaggregated by country; (3) the number of United States companies assisted by deal teams who achieved their objectives; (4) the percentage of United States companies assisted by deal teams who achieved their objectives; (5) a description of any exports to or investment into the United States by partner countries facilitated by deal teams; (6) examples of successful investments, deals, or transactions in the infrastructure, energy, and digital sectors; (7) examples where deal team support prevented predatory financing or other involvement by an authoritarian actor; and (8) examples of failures of deal teams to achieve stated objectives, any lessons learned, and how deal teams will improve based on those lessons learned. (j) Confidentiality of information (1) In general In preparing the certification and the report required under this section, the Secretary of State shall protect from disclosure any proprietary information of a United States person marked as business confidential information, unless the person submitting the information— (A) had notice, at the time of submission, that the information would be released by; or (B) subsequently consents to the release of the information. (2) Treatment as trade secrets Proprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be— (A) considered to be trade secrets and commercial or financial information (as those terms are used for purposes of section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (k) Sunset The requirements under subsections (f) through (h) shall terminate five years after the date of the enactment of this Act. 203. Establishment of a Deal Team of the Year award (a) Establishment The Secretary of State shall establish a new award to be awarded to one deal team per region at a United States mission annually to recognize outstanding achievements in supporting a United States company or companies pursuing commercial deals abroad or in identifying new deal prospects for United States companies. The award shall be known as the Deal Team of the Year Award . (b) Award content (1) Department of State Each member of a deal team receiving an award pursuant to this section shall receive a certificate that is signed by the Secretary of State and— (A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or (B) in the case of a Civil Service employee, is included in the next annual performance review. (2) Other Federal agencies In the case of a United States Government employee that is not employed by the Department of State, the employing agency may determine whether to provide the employee receiving an award under this section any recognition or benefits in addition to those provided by the Department of State. (c) Eligibility Any interagency economics team at a United States overseas mission under Chief of Mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country, or that facilitates beneficial foreign investment into the United States is eligible for an award under this section. (d) Transmission to Congress Not later than the end of the relevant fiscal year, the Secretary of State shall submit the following information to the appropriate congressional committees: (1) The mission receiving the Deal Team of the Year Award . (2) The names and agencies of each awardee within the deal team. (3) A detailed description of the reason the deal team received the award. 204. Economic defense response teams (a) Pilot program Not later than 180 days after the date of the enactment of this Act, the President, acting through the Secretary of State, who shall coordinate with other relevant Federal departments and agencies, shall develop and implement a pilot program for the creation of deployable economic defense response teams to help provide targeted assistance and support to a country subjected to an urgent or specific threat or use of coercive economic practices by an adversary of the United States. Such assistance and support may include the following activities: (1) Reducing the partner country’s vulnerability to coercive economic measures. (2) Minimizing the damage that such measures by an adversary could cause to that country. (3) Identifying sectors most susceptible to coercive economic behavior and providing suggested tools and strategies for an action plan. (4) Implementing any bilateral or multilateral contingency plans that may exist for responding to the threat or use of such measures. (5) In coordination with the partner country, developing or improving plans and strategies by the country for reducing vulnerabilities and improving responses to such measures in the future. (6) Assisting the partner country in addressing foreign sovereign investment in infrastructure, the defense-industrial base, digital sector, or other strategic sectors that may undermine the partner country’s sovereignty or harm United States national interests. (7) Assisting the partner country in responding to specific efforts from an adversary attempting to employ coercive economic practices that undermine the partner country’s sovereignty, including efforts that undermine cybersecurity or digital infrastructure of the partner country or initiatives that introduce digital technologies in a manner that undermines freedom, security, and sovereignty of the partner country or its citizens. (8) Otherwise providing direct and relevant short-to-medium term economic or other assistance from the United States and marshalling other resources in support of effective responses to coercive economic practices. (b) Institutional support The pilot program required by subsection (a) should include the following elements: (1) Identification and designation of relevant personnel or ongoing lines of effort within the United States Government with expertise relevant to the objectives specified in subsection (a), including personnel in— (A) the Department of State, for overseeing the economic defense response team’s activities, engaging with the partner country government and other stakeholders, and other purposes relevant to advancing the success of the mission of the economic defense response team; (B) the United States Agency for International Development, for the purposes of providing technical and other assistance, generally; (C) the Department of the Treasury, for the purposes of providing advisory support and assistance on all financial matters and fiscal implications of the crisis at hand; (D) the Department of Commerce, for the purposes of providing economic analysis and assistance in market development relevant to the partner country’s response to the crisis at hand, technology security as appropriate, and other matters that may be relevant; (E) the Department of Energy, for the purposes of providing advisory services and technical assistance with respect to energy needs as affected by the crisis at hand; (F) the Department of Homeland Security, for the purposes of providing assistance with respect to digital and cybersecurity matters, and assisting in the development of any contingency plans referred to in paragraphs (3) and (6) of subsection (a) as appropriate; (G) the Department of Agriculture, for providing advisory and other assistance with respect to responding to coercive practices such as arbitrary market closures that affect the partner country’s agricultural sector; (H) the Office of the United States Trade Representative with respect to providing support and guidance on trade and investment matters; (I) the Department of Defense with respect to providing support or assistance on defense sector, transportation infrastructure, and national security-sensitive technologies; and (J) other Federal departments and agencies as determined by the President. (2) Negotiation of memoranda of understanding, where appropriate, with other United States Government components for the provision of any relevant participating or detailed non-Department of State personnel identified under paragraph (1). (3) Negotiation of contracts, as appropriate, with private sector representatives or other individuals with relevant expertise to advance the objectives specified in subsection (a). (4) Development within the United States Government of— (A) appropriate training curricula for relevant experts identified under paragraph (1) and for United States diplomatic personnel in a country actually or potentially threatened by coercive economic practices; (B) operational procedures and appropriate protocols for the rapid assembly of such experts into one or more teams for deployment to a country actually or potentially threatened by coercive economic measures; and (C) procedures for ensuring appropriate support for such teams, including, as applicable, logistical assistance, office space, information support, and communications. (5) Clear direction to United States diplomatic missions on the rapid and effective deployment of such teams, if necessary, and the establishment of appropriate liaison relationships with local public and private sector officials and entities. (c) Reports required (1) Report on establishment Upon establishment of the pilot program required by subsection (a), the Secretary of State shall provide the appropriate committees of Congress with a detailed report and briefing describing the pilot program, the major elements of the program, the personnel and institutions involved, and the degree to which the program incorporates the elements described in subsection (a). (2) Follow-up report Not later than one year after the report required by paragraph (1), the Secretary of State shall provide the appropriate committees of Congress with a detailed report and briefing describing the operations over the previous year of the pilot program established pursuant to subsection (a), as well as the Secretary’s assessment of its performance and suitability for becoming a permanent program. (3) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. (d) Declaration of a major economic threat required (1) Notification The President may activate an economic defense response team for a period of 180 days under the authorities of this section to assist a partner country in responding to an unusual and extraordinary economic coercive threat by an adversary of the United States upon the declaration of a coercive economic emergency, together with notification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (2) Extension authority The President may activate the response team for an additional 180 days upon the submission of a detailed analysis to the committees described in paragraph (1) justifying why the continued deployment of the economic defense response team in response to the economic emergency is in the national interests of the United States. (e) Sunset The authorities provided under this section shall expire on December 31, 2026. (f) Authorization of appropriations There is authorized to be appropriated $20,000,000 for each of fiscal years 2023 through 2027. (g) Rule of construction Neither the authority to declare an economic crisis provided for in subsection (d), nor the declaration of an economic crisis pursuant to subsection (d), shall confer or be construed to confer any authority, power, duty, or responsibility to the President other than the authority to activate an economic defense response team as described in this section. (h) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, the Committee on Armed Services, and the Committee on Finance of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, the Committee on Agriculture, the Committee on Armed Services, and the Committee on Ways and Means of the House of Representatives. III Cooperating with allies and partners 301. Investing in talent in Southeast Asia and the Pacific Islands (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Pacific Islands The term Pacific Islands means the nations of Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu. (3) Southeast Asia The term Southeast Asia means the nations of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand, Vietnam, and Timor-Leste. (b) Establishment of center of excellence The Secretary, in coordination with the heads of relevant Federal departments and agencies, is authorized to enter into public-private partnerships and establish a center of excellence located in a Southeast Asian country to build and enhance the technical capacity of officials, emerging leaders, and other qualified persons from countries in Southeast Asia and the Pacific Islands. (c) Priority areas for technical assistance and capacity building The center of excellence established under subsection (b) will provide technical assistance and capacity building in the following areas: (1) Revenue, customs, and income. (2) Regulatory management. (3) Procurement processes, including tendering, bidding, and contract negotiation. (4) Budget management and oversight. (5) Management of key economic sectors, including energy, digital economy, and infrastructure. (d) Terms and conditions The program authorized under this section shall— (1) leverage existing United States foreign assistance programs and activities in Southeast Asia and the Pacific Islands, which may include assistance provided under— (A) future leaders initiatives, such as the Young Southeast Asia Leaders Initiative and the Young Pacific Leaders Program; (B) the American Schools and Hospitals Abroad Act ( 22 U.S.C. 2174 ); (C) the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 ); (D) U.S.-Support for Economic Growth in Asia (US–SEGA); and (E) other relevant education or scholarship programs; (2) be supported by instructors that— (A) (i) currently serve in relevant areas of the United States Government with a rank of not less than 12 on the GS scale; or (ii) possess at least ten years of experience relevant to the areas of instruction identified in subsection (c); (B) meet high professional standards within their fields; and (C) are contracted by the center of excellence established under subsection (b) or are deployed or detailed directly from a Federal Government agency; (3) seek to attract participants who— (A) (i) are currently senior or mid-career officials in key technical ministries of participating countries in Southeast Asia or the Pacific Islands; (ii) have demonstrated leadership potential and direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection (c); and (iii) commit to return to government service for a period of not less than five years after completing the program outlined in this section; or (B) are currently employed in utilities, publicly or privately owned companies, or other nongovernment entities with direct responsibility for crafting or implementing policies relevant to the areas of instruction identified in subsection (c); and (4) require financial or in-kind contributions from participating governments, commensurate with the gross domestic product of the countries. (e) Authorization To enter into memoranda of understanding To fulfill the terms and conditions specified by subsection (d), the Secretary of State is authorized to enter into memoranda of understanding with participating governments to determine what financial or in-kind contributions will be made by the United States and what financial or in-kind contributions will be made by the participating government. (f) Specification for memoranda of understanding The value of financial or in-kind contributions by the United States and a particular participating government shall be determined and audited by an independent entity chosen by mutual agreement of the United States and such government. (g) Consultation and reporting requirements (1) Consultation The Secretary shall consult with the appropriate congressional committees prior to the obligation of funds authorized to be appropriated under this Act. (2) Consultation on expansion outside Southeast Asia and the Pacific Islands The Secretary shall consult with the appropriate congressional committees prior to expanding the availability of this program to nations outside of Southeast Asia and the Pacific Islands. (3) Annual report The Secretary shall submit to the appropriate congressional committees an annual report on the activities of the program authorized under this subsection through fiscal year 2025. The report shall include— (A) a description of all major activities in the previous year; (B) a description of the financial and other contributions of the United States Government; (C) a description of the contributions made by governments in Southeast Asia or the Pacific Islands; (D) an assessment of the program’s successes; and (E) an assessment of any required authorities, funding, or other alterations to improve the program’s effectiveness. (h) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 302. Regulatory exchanges with allies and partners (a) In general The Secretary of State, in coordination with the heads of other participating Federal agencies, shall establish and develop a program to facilitate and encourage regular dialogues between United States Government regulatory and technical agencies and their counterpart organizations in allied and partner countries, both bilaterally and in relevant multilateral institutions and organizations— (1) to promote best practices in regulatory formation and implementation; (2) to collaborate to achieve optimal regulatory outcomes based on scientific, technical, and other relevant principles; (3) to seek better harmonization and alignment of regulations and regulatory practices; (4) to build consensus around industry and technical standards in emerging sectors that will drive future global economic growth and commerce; and (5) to promote United States standards regarding environmental, labor, and other relevant protections in regulatory formation and implementation, in keeping with the values of free and open societies, including the rule of law. (b) Prioritization of activities In facilitating expert exchanges under subsection (a), the Secretary shall prioritize— (1) bilateral coordination and collaboration with countries where greater regulatory coherence, harmonization of standards, or communication and dialogue between technical agencies is achievable and best advances the economic and national security interests of the United States; (2) multilateral coordination and collaboration where greater regulatory coherence, harmonization of standards, or dialogue on other relevant regulatory matters is achievable and best advances the economic and national security interests of the United States, including with— (A) the European Union; (B) the Asia-Pacific Economic Cooperation; (C) the Association of Southeast Asian Nations (ASEAN); (D) the Organization for Economic Cooperation and Development (OECD); and (E) multilateral development banks; and (3) regulatory practices and standards-setting bodies focused on key economic sectors and emerging technologies. (c) Participation by nongovernmental entities With regard to the program described in subsection (a), the Secretary of State may facilitate, including through the use of amounts appropriated pursuant to subsection (e), the participation of private sector representatives, and other relevant organizations and individuals with relevant expertise, as appropriate and to the extent that such participation advances the goals of such program. (d) Delegation of authority by the Secretary The Secretary of State is authorized to delegate the responsibilities described in this section to the Under Secretary of State for Economic Growth, Energy, and the Environment. (e) Authorization of appropriations (1) In general There is authorized to be appropriated $2,500,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Use of funds The Secretary may make available amounts appropriated pursuant to paragraph (1) in a manner that— (A) facilitates participation by representatives from technical agencies within the United States Government and their counterparts; and (B) complies with applicable procedural requirements under the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) and the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ). 303. Infrastructure Transaction and Assistance Network (a) Authority The Secretary of State is authorized to establish an initiative, to be known as the Infrastructure Transaction and Assistance Network , under which the Secretary of State, in consultation with other relevant Federal agencies, may carry out various programs to advance the development of sustainable, transparent, and high-quality infrastructure in the Indo-Pacific region by— (1) strengthening capacity-building programs to improve project evaluation processes, regulatory and procurement environments, and project preparation capacity of countries that are partners of the United States in such development; (2) providing transaction advisory services and project preparation assistance to support sustainable infrastructure; and (3) coordinating the provision of United States assistance for the development of infrastructure, including infrastructure that utilizes United States-manufactured goods and services, and catalyzing investment led by the private sector. (b) Transaction Advisory Fund As part of the Infrastructure Transaction and Assistance Network described under subsection (a), the Secretary of State is authorized to provide support, including through the Transaction Advisory Fund, for advisory services to help boost the capacity of partner countries to evaluate contracts and assess financial, environmental, or other relevant impacts of potential infrastructure projects, including through providing services such as— (1) legal services; (2) project preparation and feasibility studies; (3) debt sustainability analyses; (4) bid or proposal evaluation; and (5) other services relevant to advancing the development of sustainable, transparent, and high-quality infrastructure. (c) Strategic Infrastructure Fund (1) In general As part of the Infrastructure Transaction and Assistance Network described under subsection (a), the Secretary of State is authorized to provide support, including through the Strategic Infrastructure Fund, for technical assistance, project preparation, pipeline development, and other infrastructure project support. (2) Joint infrastructure projects Funds authorized for the Strategic Infrastructure Fund should be used in coordination with the Department of Defense, the International Development Finance Corporation, like-minded donor partners, and multilateral banks, as appropriate, to support joint infrastructure projects in the Indo-Pacific region. (3) Strategic infrastructure projects Funds authorized for the Strategic Infrastructure Fund should be used to support strategic infrastructure projects that are in the national security interest of the United States and vulnerable to strategic competitors. (d) Authorization of appropriations There is authorized to be appropriated, for each of fiscal years 2022 to 2026, $75,000,000 to the Infrastructure Transaction and Assistance Network, of which $20,000,000 is to be provided for the Transaction Advisory Fund. 304. Digital Connectivity and Cybersecurity Partnership (a) Digital Connectivity and Cybersecurity Partnership The Secretary of State is authorized to establish a program, to be known as the Digital Connectivity and Cybersecurity Partnership to help foreign countries— (1) expand and increase secure internet access and digital infrastructure in emerging markets; (2) protect technological assets, including data; (3) adopt policies and regulatory positions that foster and encourage open, interoperable, reliable, and secure internet, the free flow of data, multi-stakeholder models of internet governance, and pro-competitive and secure information and communications technology (ICT) policies and regulations; (4) promote exports of United States ICT goods and services and increase United States company market share in target markets; (5) promote the diversification of ICT goods and supply chain services to be less reliant on imports from the People's Republic of China; and (6) build cybersecurity capacity, expand interoperability, and promote best practices for a national approach to cybersecurity. (b) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress an implementation plan for the coming year to advance the goals identified in subsection (a). (c) Consultation In developing the action plan required by subsection (b), the Secretary of State shall consult with— (1) the appropriate congressional committees; (2) leaders of the United States industry; (3) other relevant technology experts, including the Open Technology Fund; (4) representatives from relevant United States Government agencies; and (5) representatives from like-minded allies and partners. (d) Briefing requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State shall provide the appropriate congressional committees a briefing on the implementation of the plan required by subsection (b). (e) Authorization of appropriations There is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026 to carry out this section. IV Boosting international trade and investment 401. Pilot program to audit barriers to trade in developing partner countries (a) Establishment The Secretary of State shall establish a pilot program— (1) to identify and evaluate barriers to trade and investment in developing countries that are partners of the United States; and (2) to provide assistance relating to trade capacity building and trade facilitation to those countries. (b) Purposes Under the pilot program established under subsection (a), the Secretary shall, in partnership with the countries selected under subsection (c)(1) to participate in the pilot program— (1) identify barriers in those countries to enhancing international trade and investment with the goal of setting priorities for the efficient use of United States trade-related assistance; (2) focus United States trade-related assistance on building self-sustaining institutional capacity for expanding international trade in those countries, consistent with international obligations and commitments; and (3) further the national interests of the United States by— (A) expanding prosperity through the elimination of foreign barriers to trade and investment; (B) assisting the countries selected under subsection (c)(1) to identify and reduce barriers to— (i) the movement of goods in international commerce; and (ii) foreign investment; (C) assisting those countries in undertaking reforms that will encourage economic engagement and sustainable development; and (D) assisting private sector entities in those countries to engage in reform efforts and enhance productive global supply chain partnerships with the United States and allies and partners of the United States. (c) Selection of countries (1) In general The Secretary shall select countries for participation in the pilot program under subsection (a) from among countries— (A) that are developing countries and partners of the United States; (B) the governments of which have clearly demonstrated a willingness to make appropriate legal, policy, and regulatory reforms by adopting internationally recognized best practices that are proven to stimulate economic growth and job creation, consistent with international trade rules and practices; and (C) that meet such additional criteria as may be established jointly by the Secretary and the Administrator of the United States Agency for International Development. (2) Considerations for additional criteria In establishing additional criteria under paragraph (1)(C), the Secretary and the Administrator shall— (A) identify and address structural weaknesses, systemic flaws, or other impediments within countries that may be considered for participation in the pilot program under subsection (a) that impact the effectiveness of United States trade-related assistance and make recommendations for addressing those weaknesses, flaws, and impediments; (B) set priorities for trade capacity building to focus resources on countries where the provision of trade-related assistance can deliver the best value in identifying and eliminating barriers to trade and investment, including by fostering adherence to international trade obligations; and (C) developing appropriate performance measures and establishing annual targets to monitor and assess progress toward those targets, including measures to be used to terminate the provision of assistance determined to be ineffective. (3) Number and deadline for selections (A) In general Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary, with the concurrence of the United States Trade Representative and the Administrator, shall select countries under paragraph (1) for participation in the pilot program under subsection (a). (B) Number The Secretary shall select for participation in the pilot program under subsection (a)— (i) not fewer than 5 countries during the one-year period beginning on the date of the enactment of this Act; and (ii) not fewer than 15 countries during the 5-year period beginning on such date of enactment. (4) Prioritization based on recommendations from chiefs of mission In selecting countries under paragraph (1) for participation in the pilot program under subsection (a), the Secretary, with the concurrence of the Trade Representative and the Administrator, shall prioritize countries recommended by chiefs of mission that— (A) will be able to substantially benefit from expanded United States trade-related assistance; and (B) the governments of which have demonstrated the political will to effectively and sustainably implement such assistance. (d) Evaluation of areas of cooperation In carrying out the pilot program established under subsection (a), the Secretary of State shall use the principal trade negotiating objectives set forth in section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201(b) ) to determine areas of cooperation with a country selected under subsection (c)(1) to participate in the pilot program. (e) Plans of action (1) In general The Administrator, in coordination with the Secretary, shall lead efforts to engage relevant officials of each country selected under subsection (c)(1) to participate in the pilot program under subsection (a) with respect to the development of a plan of action to promote conditions favorable for business and commercial development and economic and job growth in the country. (2) Analysis required The development of a plan of action under paragraph (1) shall include a comprehensive analysis of relevant legal, policy, and regulatory constraints to economic and job growth in that country. (3) Elements A plan of action developed under paragraph (1) for a country shall include the following: (A) Priorities for reform agreed to by the government of that country and the United States. (B) Clearly defined policy responses, including regulatory and legal reforms, as necessary, to achieve improvement in the business and commercial environment in the country. (C) Identification of the anticipated costs to establish and implement the plan. (D) Identification of appropriate sequencing and phasing of implementation of the plan to create cumulative benefits, as appropriate. (E) Identification of best practices and standards. (F) Considerations with respect to how to make the policy reform investments under the plan long-lasting. (G) Appropriate consultation with affected stakeholders in that country and in the United States. (f) Termination The pilot program established under subsection (a) shall terminate on the date that is 5 years after the date of the enactment of this Act. 402. Promoting adoption of United Nations Convention on Assignment of Receivables in International Trade (a) Findings Congress makes the following findings: (1) The United Nations Convention on the Assignment of Receivables in International Trade, done at New York December 12, 2001, and signed by the United States on December 30, 2003 (in this section referred to as the Convention ), establishes uniform international rules governing a form of financing widely used in the United States involving the assignment of receivables. (2) Receivables financing is an important tool in helping United States businesses secure working capital financing. Within the United States, lenders and buyers of receivables provide financing based on the use of receivables from debtors located within the United States as working capital collateral. (3) Receivables financing occurs in transactions in which businesses either sell their rights to payments from their customers (known as receivables ) to a bank or other financial institution, or use their rights to those payments as collateral for a loan from a lender. The businesses selling or using their receivables as collateral are referred to as assignors and buyers and lenders are referred to as assignees . (4) Many countries, however, do not have the kinds of modern commercial finance laws on the assignment of receivables required to implement the Convention. (5) United States-based lenders are less willing to make loans secured by receivables owed by debtors located outside the United States, as such cross-border transactions may involve countries the laws of which are inconsistent with modern financial practices. (6) Because of the risk, cost, and uncertainty created by receivables financing laws in other countries, which vary greatly or can be vague or unpredictable, the ability of small and medium-sized United States businesses to access financing from lenders using international accounts receivables derived from exports or other cross-border transactions is severely limited. (7) Expanded access to receivables financing in international trade, which the Convention would promote, will provide United States businesses with an additional source of capital at no cost to the United States taxpayer, benefitting small and medium-sized businesses that use receivables financing. (8) The Convention is consistent with article 9 of the United States Uniform Commercial Code, as adopted by all 50 States, the District of Columbia, and the territories of Puerto Rico and the Virgin Islands. (9) The Convention includes extensive rules on the use of receivables to finance operations, using receivables as collateral, and how to resolve potential conflicts of law arising from the use of receivables. (10) Adoption of the Convention would establish more predictability and uniformity with respect to receivables financing in cross-border transactions, thereby opening up new opportunities for trade and economic growth between the United States and its partners in the developing world. (11) The Senate consented to ratification of the Convention in January 2019. (12) The President ratified the Convention in October 2019. (b) Sense of the Senate It is the sense of the Senate that the Secretary of State should, in the regular course of economic dialogues with developing countries that are partners of the United States, promote the adoption and implementation of the Convention as an important tool— (1) to help attract foreign investment to and trade with such countries; and (2) to establish a predictable, rules-based framework that can help such countries create additional sources of capital at no cost, benefitting small and medium-sized businesses that use receivables financing. V Combating anti-competitive behavior 501. Predatory pricing by entities owned, controlled, or directed by a foreign state (a) Prohibited acts (1) In general No entity owned, controlled, or directed by a foreign state or an agent or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code) and participating in international commerce may establish or set prices below the average variable cost in a manner that may foreseeably harm competition. (2) Economic support In determining the average variable cost under paragraph (1), the court may take into account the effects of economic support provided by the owning or controlling foreign state to the entity on a discriminatory basis that may allow the entity to unfairly price at or below marginal cost. (3) Government subsidies In determining the foreseeability of the elimination of market competitors under paragraph (1), the court may take into account the aggravating factor of the actions of the foreign state owning or controlling the entity referred to in such paragraph to use government resources to subsidize or underwrite the losses of the entity in a manner that allows the entity to sustain the predatory period and recoup its losses. (4) Market power not required For the purpose of establishing the elements of (a)(1), the plaintiff shall not be required to demonstrate that the defendant has monopoly or market power. (b) Recovery of damages Any person (as defined in section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) ) whose business or property is injured as a result of the actions of an entity described in subsection (a) shall be entitled to recovery from the defendant for damages and other related costs under section 4 of such Act ( 15 U.S.C. 15 ). (c) Elements of prima facie case A plaintiff may initiate a claim against a defendant in an appropriate Federal court for a violation of subsection (a) in order to recover damages under subsection (b) by— (1) establishing, by a preponderance of the evidence, that the defendant— (A) is a foreign state or an agency or instrumentality of a foreign state (as defined in section 1603 of title 28, United States Code); and (B) is not immune from the jurisdiction of the Federal court pursuant to section 1605(a)(2) of title 28, United States Code; and (2) setting forth sufficient evidence to establish a reasonable inference that the defendant has violated subsection (a). (d) Court determination leading to evidentiary burden shifting to defendant If a Federal court finds that a plaintiff has met its burden of proof under subsection (c), the court may determine that— (1) the plaintiff has established a prima facie case that the conduct of the defendant is in violation of subsection (a); and (2) the defendant has the burden of rebutting such case by establishing that the defendant is not in violation of subsection (a). (e) Filing of amicus briefs by the Department of State and Department of Justice regarding international comity and harm to competition (1) In general For the purposes of considering questions of international comity with respect to making decisions regarding commercial activity and the scope of applicable sovereign immunity, the Federal court may receive and consider relevant amicus briefs filed by the Secretary of State. (2) Attorney General For the purposes of considering questions regarding assessing potential harm to competition, the Federal court may receive and consider relevant amicus briefs filed by the Attorney General. (3) Savings provision Nothing in paragraph (1) may be construed to limit the ability of the Federal court to receive and consider any other amicus briefs. 502. Expansion of offense of theft of trade secrets to include unauthorized development of products and digital articles (a) In general Section 1832(a) of title 18, United States Code, is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (2) by inserting after paragraph (3) the following: (4) without authorization modifies or develops a product or digital article that could not have been modified or developed in the same way without access to such information; ; and (3) in paragraphs (5) and (6), as redesignated by paragraph (1), by striking through (3) and inserting through (4) . (b) Applicability to conduct outside the United States Section 1837 of title 18, United States Code, is amended— (1) in paragraph (1), by striking ; or and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (3) in the case of a violation of section 1832(a)(4), the offender attempts to import a product or digital article described in that section into the United States. . (c) Definitions Section 1839 of title 18, United States Code, is amended— (1) in paragraph (3), in the matter preceding subparagraph (A), by inserting data, after programs, ; (2) in paragraph (6)(B), by striking ; and and inserting a semicolon; (3) in paragraph (7), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (8) the term digital article means an algorithm, digitized process, or database, or any other electronic technology that generates, stores, or processes data. . 503. Review of petitions related to intellectual property theft and forced technology transfer (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives. (2) Committee The term Committee means the committee established or designated under subsection (b). (3) Foreign person The term foreign person means a person that is not a United States person. (4) Intellectual property The term intellectual property means— (A) any work protected by a copyright under title 17, United States Code; (B) any property protected by a patent granted by the United States Patent and Trademark Office under title 35, United States Code; (C) any word, name, symbol, or device, or any combination thereof, that is registered as a trademark with the United States Patent and Trademark Office under the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 (commonly known as the Lanham Act or the Trademark Act of 1946 ) ( 15 U.S.C. 1051 et seq. ); (D) a trade secret (as defined in section 1839 of title 18, United States Code); or (E) any other form of intellectual property. (5) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. (b) Establishment of a committee (1) In general The President shall— (A) establish a multi-agency committee to carry out this section; or (B) designate an existing multi-agency committee within the executive branch to carry out this section if the President determines that the existing committee has the relevant expertise and personnel to carry out this section. (2) Membership The Committee shall be comprised of the following officials (or, subject to paragraph (3), a designee of any such official): (A) The Secretary of the Treasury. (B) The Secretary of Commerce. (C) The Secretary of State. (D) The Attorney General. (E) The Director of National Intelligence. (F) The heads of such other agencies as the President determines appropriate, generally or on a case-by-case basis. (3) Designee An official specified in paragraph (2) may select a designee to serve on the Committee from among individuals serving in positions appointed by the President by and with the advice and consent of the Senate. (4) Chair and vice chair The President shall appoint a chairperson and a vice chairperson of the Committee from among the members of the Committee. (c) Submission of petitions (1) In general A United States person described in paragraph (3) may submit a petition to the Committee requesting that the Committee— (A) review, under subsection (d), a significant act or series of acts described in paragraph (2) committed by a foreign person; and (B) refer the matter to the President with a recommendation to impose sanctions under subsection (e) to address any threat to the national security of the United States posed by the significant act or series of acts. (2) Significant act or series of acts described A significant act or series of acts described in this paragraph is a significant act or series of acts of— (A) theft of intellectual property of a United States person; or (B) forced transfer of technology that is the intellectual property of a United States person. (3) United states person described A United States person is described in this paragraph if— (A) a court of competent jurisdiction in the United States has rendered a final judgment in favor of the United States person that— (i) the foreign person identified in the petition submitted under paragraph (1) committed the significant act or series of acts identified in the petition; (ii) the United States person is the owner of the intellectual property identified in the petition; and (iii) the foreign person is using that intellectual property without the permission of the United States person; and (B) the United States person can provide clear and convincing evidence to the Committee that the value of the economic loss to the United States person resulting from the significant act or series of acts exceeds $10,000,000. (d) Review and action by the committee (1) Review Upon receiving a petition under subsection (c), the Committee shall conduct a review of the petition in order to determine whether the imposition of sanctions under subsection (e) is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. (2) Action After conducting a review under paragraph (1) of a petition submitted under subsection (c), the Committee may take no action, dismiss the petition, or refer the petition to the President with a recommendation with respect to whether to impose sanctions under subsection (e). (e) Imposition of sanctions (1) In general The President may impose the sanctions described in paragraph (3) with respect to a foreign person identified in a petition submitted under subsection (c) if the President determines that imposing such sanctions is necessary and appropriate to address any threat to the national security of the United States posed by the significant act or series of acts identified in the petition. (2) Notice to congress Not later than 30 days after the Committee refers a petition to the President with a recommendation under subsection (d)(2), the President shall submit to the appropriate congressional committees a notice of the determination of the President under paragraph (1) with respect to whether or not to impose sanctions described in paragraph (3) with respect to each foreign person identified in the petition. Each notice required under this paragraph shall be submitted in unclassified form, but may include a classified annex. (3) Sanctions described The sanctions that may be imposed under paragraph (1) with respect to a foreign person identified in a petition submitted under subsection (c) are the following: (A) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the person under— (i) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); (ii) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (iii) the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ); or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (B) Loans from United States financial institutions The President may prohibit any United States financial institution from making loans or providing credits to the person totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (C) Loans from international financial institutions The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the person. (D) Prohibitions on financial institutions The following prohibitions may be imposed against the person if the person is a financial institution: (i) Prohibition on designation as primary dealer Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. (ii) Prohibition on service as a repository of government funds The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. (E) Procurement sanction The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person. (F) Foreign exchange The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the person has any interest. (G) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the person. (H) Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— (i) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the person identified in the petition has any interest; (ii) dealing in or exercising any right, power, or privilege with respect to such property; or (iii) conducting any transaction involving such property. (I) Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the person. (J) Exclusion of corporate officers The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the person identified in the petition. (K) Sanctions on principal executive officers The President may impose on the principal executive officer or officers of the person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this paragraph. (f) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Confidentiality of information (1) In general The Committee shall protect from disclosure any proprietary information submitted by a United States person and marked as business confidential information, unless the person submitting the information— (A) had notice, at the time of submission, that the information would be released by the Committee; or (B) subsequently consents to the release of the information. (2) Treatment as trade secrets Proprietary information submitted by a United States person under this section shall be— (A) considered to be trade secrets and commercial or financial information (as those terms are used for purposes of section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (h) Rulemaking The President may prescribe such licenses, orders, and regulations as are necessary to carry out this section, including with respect to the process by which United States persons may submit petitions under subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-117s4632is/xml/BILLS-117s4632is.xml |
117-s-4633 | II 117th CONGRESS 2d Session S. 4633 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Brown (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve outcomes for Medicaid beneficiaries with major depressive disorder or other mental health conditions.
1. Guidance relating to Medicaid coverage of genetic testing to improve outcomes for beneficiaries with major depressive disorder or other mental health conditions Not later than 1 year after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall issue guidance for State Medicaid programs through a State Medicaid Director letter that specifies best practices to improve outcomes for individuals eligible for medical assistance under State Medicaid programs who have major depressive disorder or other mental health conditions. The guidance shall include coverage policy examples utilizing pharmacogenetic testing to support clinicians seeking medication options to treat patients and reduce trial and error from the Medicare program or from issuers of individual or group health insurance coverage. | https://www.govinfo.gov/content/pkg/BILLS-117s4633is/xml/BILLS-117s4633is.xml |
117-s-4634 | II 117th CONGRESS 2d Session S. 4634 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to administer polygraph examinations to certain foreign nationals with access to nonpublic areas or information of the National Laboratories.
1. Polygraph examinations for certain foreign nationals with access to nonpublic National Laboratory areas or information (a) Definitions In this section: (1) Covered foreign national (A) In general The term covered foreign national means a foreign national who— (i) is a citizen or national of, or otherwise owes allegiance to, a country that, as of the date described in subparagraph (B), is designated as a country of particular concern under section 402 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ); and (ii) is not— (I) a national of the United States; or (II) lawfully admitted for permanent residence. (B) Date described The date referred to in subparagraph (A)(i) is, as applicable— (i) the date on which the foreign national begins work— (I) in a position at a National Laboratory; or (II) in any other position at the Department in which the foreign national will have access to nonpublic areas, data, or information of a National Laboratory; or (ii) the date on which the foreign national is initially granted access to nonpublic areas, data, or information of a National Laboratory under a contract or agreement with the Department. (2) Department The term Department means the Department of Energy. (3) Lawfully admitted for permanent residence The term lawfully admitted for permanent residence has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (4) National of the United States The term national of the United States has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (5) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Qualifying polygraph examination The term qualifying polygraph examination means a polygraph examination that is carried out in a manner that, as determined by the Secretary, is consistent with Intelligence Community Policy Guidance 704.6 published by the Director of National Intelligence and entitled Conduct of Polygraph Examinations for Personnel Security Vetting (or successor guidance). (7) Secretary The term Secretary means the Secretary of Energy, acting through the Director of the Office of Intelligence and Counterintelligence. (b) Qualifying polygraph examinations (1) Potential employees of the Department Before a covered foreign national is hired by the Department to work in a position at a National Laboratory or in any position in which the covered foreign national will have access to nonpublic areas, data, or information of a National Laboratory, the Secretary shall administer a qualifying polygraph examination to the covered foreign national. (2) Existing employees of the Department (A) In general Before an employee of the Department who is a covered foreign national may be transferred to a position at a National Laboratory or to any other position at the Department in which the employee will have access to nonpublic areas, data, or information of a National Laboratory, the Secretary shall administer a qualifying polygraph examination to the employee. (B) Certain existing employees with access to nonpublic information (i) Existing employees who are covered foreign nationals Each employee of the Department who, as of the date of enactment of this Act, is a covered foreign national who works in a position at a National Laboratory or in any other position at the Department in which the employee has access to nonpublic areas, data, or information of a National Laboratory shall be required to submit to a qualifying polygraph examination by a date determined by the Secretary, but not later than 1 year after the date of enactment of this Act, to remain in that position. (ii) Existing employees who become covered foreign nationals An employee of the Department who works in a position at a National Laboratory or in any other position at the Department in which the employee has access to nonpublic areas, data, or information of a National Laboratory shall be required to submit to a qualifying polygraph examination— (I) as soon as practicable after becoming a covered foreign national; and (II) before being transferred, promoted, or otherwise hired into another position at the Department in which the employee will have access to nonpublic areas, data, or information of a National Laboratory if the employee is a covered foreign national as of the date of the transfer, promotion, or hiring. (3) Contractors and other individuals with access to nonpublic information Before a covered foreign national is initially granted access to nonpublic areas, data, or information of a National Laboratory under a contract or agreement with the Department, the Secretary shall administer a qualifying polygraph examination to the covered foreign national. (c) Specific Issue Polygraph examinations The Secretary may require a covered foreign national to submit to a Specific Issue Polygraph examination (within the meaning of Intelligence Community Policy Guidance 704.6 published by the Director of National Intelligence and entitled Conduct of Polygraph Examinations for Personnel Security Vetting (or successor guidance)) at any time during which the covered foreign national is employed by the Department. (d) Reexamination The Secretary shall require each employee of the Department who is a covered foreign national to be reexamined with an appropriate polygraph examination— (1) not less frequently than once every 5 years while employed by the Department; and (2) in a manner consistent with other members of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) that require reexamination every 5 years. (e) Refusal of examination; termination of employment (1) In general If a covered foreign national refuses to submit to a polygraph examination under this section— (A) the covered foreign national shall not be granted access to any nonpublic areas, data, or information of a National Laboratory, and any existing grant of access to such areas, data, or information shall be immediately revoked; and (B) if the covered foreign national is an employee of the Department, the employment of the covered foreign national at the Department shall be terminated. (2) Certain employees of the Department (A) Employees under consideration for transfer to certain positions Paragraph (1)(B) shall apply to an employee of the Department described in subsection (b)(2)(A) who does not have access to nonpublic areas, data, or information of the Department but is under consideration for a transfer to a position described in that paragraph such that, if the employee refuses to submit to a polygraph examination under this section— (i) the employee shall be ineligible for the transfer; and (ii) the employment of the employee at the Department shall be terminated. (B) Employees with access to nonpublic areas or information Paragraph (1)(B) shall apply to any employee of the Department who is a covered foreign national and works in a position at a National Laboratory or in any other position at the Department in which the employee has access to nonpublic areas, data, or information of a National Laboratory such that, if the employee refuses to submit to a polygraph examination under this section, the employment of the employee at the Department, including at any National Laboratory, shall be terminated. (3) Potential employees of the Department A covered foreign national who is under consideration for employment in a position described in subsection (b)(1) and refuses to submit to a polygraph examination under this section— (A) shall be removed from consideration for employment in that position; and (B) in accordance with paragraph (4), shall not be eligible for employment at the Department, including at any National Laboratory. (4) Subsequent employment at the Department (A) In general A covered foreign national shall not be eligible for employment at the Department, including at any National Laboratory, if the covered foreign national previously refused to submit to a polygraph examination under this section. (B) Change in status A foreign national who is lawfully admitted for permanent residence shall not be eligible for employment at the Department, including at any National Laboratory, if the foreign national previously refused to submit to a polygraph examination under this section at a time when the foreign national was a covered foreign national. (f) Savings provision Nothing in this section authorizes the Secretary to require an individual who is not a covered foreign national to submit to a polygraph examination. | https://www.govinfo.gov/content/pkg/BILLS-117s4634is/xml/BILLS-117s4634is.xml |
117-s-4635 | II 117th CONGRESS 2d Session S. 4635 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Brown (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Social Security Act to establish an optional State-administered program to provide fully integrated, comprehensive, coordinated care for full-benefit dual eligible individuals under the Medicare and Medicaid programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Care for Dual Eligible Individuals Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of All Inclusive Medicare-Medicaid Program for Full-Benefit Dual Eligible Individuals. TITLE XXII—All Inclusive Medicare-Medicaid (AIM) Program for Full-Benefit Dual Eligible Individuals Sec. 2201. Purpose; General requirements. Sec. 2202. Eligibility. Sec. 2203. Enrollment. Sec. 2204. Benefits. Sec. 2205. Beneficiary protections. Sec. 2206. Federal administration. Sec. 2207. Selection and role of AIM-administering entities. Sec. 2208. Program financing. Sec. 2209. Accountability and oversight. Sec. 2210. Definitions; miscellaneous provisions. Sec. 3. MedPAC study and report. 2. Establishment of All Inclusive Medicare-Medicaid Program for Full-Benefit Dual Eligible Individuals (a) In general The Social Security Act is amended by adding at the end the following new title: XXII All Inclusive Medicare-Medicaid (AIM) Program for Full-Benefit Dual Eligible Individuals 2201. Purpose; General requirements (a) Purpose The purpose of this title is to provide, at the option of a State, for a program implemented and administered by the State of comprehensive, coordinated care for individuals eligible for benefits under the Medicare program under title XVIII and for full benefits under the Medicaid program under title XIX in order to improve quality, control costs, address health disparities, and support independence, community participation, and quality of life. (b) Requirement for approved AIM program application A State may not be approved to implement an AIM program under this title unless, consistent with the process specified for approval of AIM programs under subsection (c)— (1) the State has completed, in a pre-printed format and manner specified by the Secretary, a notice of intent to establish such a program not earlier than 3 years after the date on which the State submits the notice of intent to the Secretary, and which includes a plan for such a program (or the State is working with the Federal Coordinated Health Care Office to transition an integrated care program of the State into an AIM program under this title); and (2) the Secretary has received assurances, satisfactory to the Secretary, that the proposed State AIM program and its plan (or, in the case of a State working with the Federal Coordinated Health Care Office to transition an integrated care program of the State into an AIM program under this title, the State AIM program after such transition is completed) meet the applicable requirements for such a program under this title, including the requirements specified in subsection (c). (c) General requirements The requirements specified in this subsection for an AIM program of a State are as follows: (1) Eligibility and enrollment The program provides for eligibility and enrollment of AIMP-eligible individuals under the program in accordance with sections 2202 and 2203. (2) Benefits The program provides for benefits for AIMP enrollees under the program in accordance with section 2204. (3) Beneficiary protections The program provides for beneficiary protections for AIMP enrollees under the program that are not less than those required under section 2205. (4) Coordinating and integration of benefits The program provides for the coordination and integration of benefits by AIM-administering entities in accordance with section 2205. (5) Program accountability The program provides for accountability in administration and financing in accordance with section 2208. (6) Other requirements The program meets such other requirements as the Secretary may establish to carry out this title. (d) Program approval process The Secretary shall establish a process for the initial approval of AIM programs of States based on the process used for approval of waivers under section 1115 with respect to title XIX. The process established under this subsection shall include at least the following elements: (1) Notice of intent (A) In general Subject to subparagraph (B), the State submits to the Secretary a notice of intent to establish the AIMP. (B) Conditions for transparent process The Secretary shall not accept a notice of intent submitted under subparagraph (A) unless, before the date of such submission, the State— (i) has provided a period of not less than 90 days for notice and public comment on the proposed establishment of the program in the State; (ii) has held at least 2 public meetings regarding the establishment of the program; and (iii) has conducted relevant consultation with any relevant tribal authorities of Federally recognized Indian tribes located in the State. (2) Federal readiness review completed At least 1 year before the identified initial implementation date for an AIM program in a State, the State has passed a review by the Secretary of the State’s readiness to implement the program. (3) State readiness review of aim-administering entities After a State passes the Federal readiness review under paragraph (2), the State shall conduct a review of the proposed AIM-administering entities under proposed AIMP contracts with the State with respect to their readiness to administer the program for benefits for AIMP enrollees assigned to such entities. Such review— (A) shall include elements specified by the Secretary, including a network adequacy review; (B) may include activities such as a desk review, separate network validation review, and site visit; and (C) must be passed by an AIMP-administering entity before any outreach or marketing of or by that entity is permitted under a State AIM program. (e) Technical assistance planning grants (1) Eligibility A State that has provided a notice of intent under subsection (d)(1) to implement an AIM program is eligible for funding assistance with technical planning necessary to implement the program. Such funding shall be provided in amounts of up to $10,000,000 per State, and under such conditions as the Secretary shall specify. (2) Use of funds Funding made available to a State under this subsection may be used to assist the State with the staffing, information technology, planning and evaluation, and initial implementation of the AIM program in the State for expenses incurred during the 3-year period that begins on the date the State submits a notice of intent under subsection (d)(1). (3) Funding For the purpose of providing funding assistance under this subsection, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this subsection. 2202. Eligibility (a) In general In this title, the term AIMP-eligible individual means, with respect to an AIMP-participating State, an individual who— (1) is 21 years of age or older; (2) is entitled (or eligible to be enrolled) under part A or part B, or both, of title XVIII; (3) subject to subsection (c), is eligible for medical assistance under the State plan (including a waiver thereof) under title XIX as a full-benefit dual eligible individual; and (4) meets such income and asset standards as the State may establish for the AIM program in accordance with subsection (d) (and which shall be applied in addition to the income and asset standards the individual is required to meet for purposes of eligibility for medical assistance under the State plan (or a waiver) under title XIX). (b) Process for determination of eligibility Except as otherwise provided in this title, the determination of whether an individual is an AIMP-eligible individual with respect to the AIM program of a State shall be made in accordance with the processes used to determine the individual’s eligibility for medical assistance under the State plan (or waiver thereof) under title XIX of the State. (c) Flexibility permitted (1) Geographic scope (A) Statewide Except as provided in subparagraph (B), an AIMP-participating State shall provide for the implementation of its AIM program on a statewide basis. (B) Phase-in permitted on a time-limited basis An AIMP-participating State may provide for the implementation of its AIM program not on a statewide basis so long as the program is phased in geographically in a manner so that it is implemented statewide no later than the 4th year of implementation, except that the Secretary may permit a longer phase-in period due to extenuating circumstances. (2) New population phase-in permitted (A) Carve-outs not permitted Except as provided in subparagraph (B), an AIMP-participating State may not deny eligibility under its AIM program to subpopulations of AIMP-eligible individuals and shall enroll all AIMP-eligible individuals under the program without the application of any waiting lists. (B) Time-limited exception permitted The Secretary may allow States to phase in the enrollment of certain subpopulations over a specified period, not to exceed a period of 4 years. (3) Pace continuation permitted Nothing in this title shall be construed as preventing an AIMP-participating State from continuing to offer a Program of All-Inclusive Care for the Elderly (PACE) under section 1894 or 1934. (d) Income and asset standards (1) Income eligibility floor In no case shall an AIMP-participating State have an income eligibility threshold under its AIM program that is less than 73 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved or, if greater, the income threshold applied during the fiscal year preceding the year in which this title is enacted. (2) Asset threshold floor In no case shall an AIMP-participating State apply an asset threshold for eligibility for a fiscal year that is less than the following: (A) For first fiscal year For the 1st fiscal year (or portion of a fiscal year) in which the AIM program is implemented in the State, the greater of— (i) $2,000; and (ii) the asset eligibility standard applied under the State plan (including a waiver thereof) under title XIX for a full-benefit dual eligible individual during the fiscal year preceding the fiscal year in which this title is enacted. (B) For subsequent fiscal year For a subsequent fiscal year, the minimum asset threshold applied under this paragraph for the previous fiscal year increased (and rounded to the nearest $10) by the annual increase in the consumer price index for all urban consumers (United States city average). (3) Flexibility Nothing in this subsection shall be construed as limiting the ability of an AIMP-participating State to increase the income eligibility threshold, asset eligibility threshold, or income or asset disregards, including by allowing buy-ins or spenddowns, above the minimum levels required under this subsection. (4) Eligibility threshold The income and asset thresholds that a State establishes under this subsection shall be applied under the State AIM program to determine whether an individual is an AIMP-eligible individual without regard to whether the individual elects to enroll, or is enrolled, in the State AIM program. (e) Use of streamlined eligibility determination and enrollment processes (1) In general Each AIMP-participating State shall use streamlined eligibility and enrollment processes in order to promote continuity and incentivize States that invest in improving quality and costs, including those specified in this subsection. (2) Specific streamlined eligibility required Each AIMP-participating State shall utilize the following with respect to streamlining the eligibility determination and enrollment of individuals in the State's AIM program: (A) 12-month continuous eligibility. (B) Use of electronic data matches with trusted third-party sources (such as the Social Security Administration or the Supplemental Nutrition Assistance Program) to verify eligibility under the State AIM program both for initial eligibility applications and for renewals. (C) Streamlined eligibility recertification every 12 months, including— (i) for individuals who have been determined eligible and enrolled, only requiring submission of information on any changes to their financial or disability status (instead of submitting an entire renewal application); (ii) with respect to verification of eligibility, initially using of available information to auto-verify eligibility; (iii) if additional information is needed for renewal of eligibility, using pre-populated forms and allowing submission of information online, in person, by telephone, fax, or mail; and (iv) using a standard reconsideration period of 90 days from the time of termination of coverage. (3) Use of deeming Each AIMP-participating State shall use deemed eligibility for a period of not less than 6 months. (4) Data sharing on enrollment Under an AIMP contract, an AIMP-participating State, the Secretary, and AIM-administering entities shall routinely and frequently share data among themselves with regard to eligibility and enrollment of individuals under AIM programs. Such data sharing may include monthly changes in program enrollment and eligibility, beneficiary opt-out rates, and other changes specified by the Secretary. (f) Rule of construction of continuation as a medicare and medicaid beneficiary for purposes other than benefits The fact that an individual qualifies as an AIMP-eligible individual shall not be construed as removing the individual’s status as an individual entitled to benefits under title XVIII or XIX, but insofar as the individual becomes an AIMP enrollee entitled to benefits under this title, such entitlement to benefits under titles XVIII and XIX shall be considered as met through the provision of benefits under this title. 2203. Enrollment (a) Beneficiary choice In an AIMP-participating State under its AIM program, an AIMP-eligible individual may select (in a manner specified by the State consistent with this section) to receive benefits through any of the following: (1) The State AIM program. (2) A PACE program (if available to the individual in the State). (3) A combination of Medicare fee-for-service program (under parts A, B, and D, as applicable, of title XVIII) and medical assistance under title XIX (whether delivered through fee-for-service or managed care, as provided by the State under such title). (b) Initial assignment at time of program implementation or initial enrollment An AIMP-participating State may provide that all AIMP-eligible individuals in the State who are not enrolled in a PACE program under section 1894 or 1934 and who do not make an affirmative selection under subsection (a)(3) shall be deemed to have elected to enroll in the AIM program of the State. (c) Coordination of selection and enrollment with medicare enrollment processes The process for selection and enrollment of AIMP-eligible individuals in AIM programs shall be consistent and coordinated with the processes for enrollment in Medicare Advantage plans under part C of title XVIII during open and special enrollment periods. Such processes shall, consistent with section 423.38(c) of title 42, Code of Federal Regulations (or any successor regulation) and any other applicable regulations, provide— (1) a special enrollment period for individuals who— (A) are dually eligible individuals enrolled in fee-for-service Medicare when the State AIM program is first established to permit such individuals to elect to enroll in the State AIM program; or (B) become AIMP-eligible individuals; and (2) for the right of an AIMP-enrolled individual to disenroll from the AIM program and to otherwise to make changes in the selection in enrollment described in subsection (a). (d) Assistance in enrollment choice An AIMP-participating State must contract with 1 or more independent enrollment brokers, at least 1 of which is a nonprofit, community-based organization, and all of which are approved by the Secretary, to assist AIMP-eligible individuals in understanding the AIM program and making enrollment choices under this section in the same manner as such brokers are permitted with respect to enrollment of individuals under its State plan under title XIX (or waiver thereof), except that no individual sales commissions shall be permitted (including to the extent such commissions may otherwise be permitted by brokers and employed or captive agents under the Medicare Advantage program under part C of title XVIII). (e) Construction regarding continued medicaid use of managed care Nothing in this subsection shall be construed as affecting the authority of an AIMP-participating State to require, in the case of an AIMP-eligible individual who makes the election described in subsection (a)(3) (or otherwise opts-out of enrollment in the AIM program and into benefits under title XIX), to obtain benefits for covered services under title XIX through participation in a managed care plan or arrangement. (f) Assignment of enrollees to AIMP-Administering entities (1) In general An AIMP-eligible individual enrolled under an AIM program shall be provided with a choice of the AIMP-administering entity to which the individual is assigned for purposes of obtaining benefits under the program. (2) Initial assignment at time of program implementation or initial enrollment (A) In general In the case of an AIMP-eligible individual who, at the time of enrollment under an AIM program, is enrolled in an integrated program for individuals dually eligible for Medicare and Medicaid participating in the Financial Alignment Initiative of the Federal Coordinated Health Care Office, or enrolled in a Medicare Advantage plan that is a highly integrated dual eligible special needs plan or a fully integrated dual eligible special needs plan, the State AIM program may initially assign the individual to the AIMP-administering entity for such Medicare Advantage plan (or, in the case of an AIMP-eligible individual who, at the time of enrollment under an AIM program, is enrolled in an integrated program for individuals dually eligible for Medicare and Medicaid participating in the Financial Alignment Initiative of the Federal Coordinated Health Care Office, to the AIMP-administering entity designated by the State), or another AIMP-administering entity, if necessary if— (i) the provider network of such entity under the AIM program is substantially similar to the network used under the plan offered by the entity that the individual is enrolled in prior to such assignment; and (ii) the individual is provided with— (I) at least 1 written notice of such assignment at least 60 days in advance of the effective date of the assignment; and (II) at least 1 phone call notifying the individual of the assignment in advance of the effective date of the assignment. (B) Continuity of care To the extent possible to prevent disruption and promote continuity of care, a State AIM program shall seek to ensure that individuals described in subparagraph (A) are assigned to the AIMP-administering entity that offers the plan or program in which the individual is enrolled in prior to the individual's transfer to, and enrollment in, the State AIM program. (C) Conditional initial assignment for other AIMP-eligible individuals In the case of an AIMP-eligible individual who, at the time of enrollment under a State AIM program is enrolled in a Medicare Advantage plan that is operating as an AIMP-administering entity other than a plan described in subparagraph (A), or is enrolled in a Medicaid managed care plan offered by the same entity that is operating as an AIMP-administering entity in the State AIM Program, the State AIM program may initially assign the individual to that AIMP-administering entity if— (i) the provider network of such entity under the State AIM program is substantially similar to the network used under the Medicare Advantage plan or Medicaid managed care plan offered by the entity that the individual is enrolled in prior to such assignment; and (ii) the individual is provided with— (I) at least 1 written notice of such assignment at least 60 days in advance of the effective date of the assignment; and (II) at least 1 phone call notifying the individual of the assignment in advance of the effective date of the assignment. (3) Rule of construction Nothing in this subsection shall be construed as— (A) preventing an individual from choosing to be assigned to a different participating AIMP-administering entity; (B) preventing an individual from changing their assignment to an AIMP-administering entity or from opting-out of participating in the State AIM program; or (C) constraining or changing the authority of a State under the State plan under title XIX or under a waiver of such plan to require a Medicaid-eligible individual to enroll with a managed care entity if the individual chooses not to participate in the AIM Program. (4) Choice of enrollment from fee-for-service medicare An AIMP-eligible individual who, as of the date on which a State first implements the State AIM program, is enrolled in the Medicare fee-for-service program under title XVIII, may elect to enroll in the State AIM Program through a special enrollment period established for such individuals, consistent with the requirements of section 423.38(c)(4) of title 42, Code of Federal Regulations (or a successor regulation). (g) Effect of enrollment on medicare and medicaid payments to states Except as provided in this title, in the case of an individual who is enrolled as an AIMP enrollee under a State AIM program under this title, during the period of such enrollment payment to the State under this title shall be instead of the payment amounts which would otherwise be payable under title XVIII or XIX for items and services furnished to the enrollee. (h) Outreach and enrollment support (1) Funding For the purpose of providing funding assistance to AIMP-participating States for outreach to, and enrollment support of, AIMP-eligible individuals, there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for each fiscal year beginning with the first fiscal year that begins on or after the date of enactment of this title. (2) Use of funds An AIMP-participating State shall use funds provided to the State under this subsection for outreach to, and enrollment support of, AIMP-eligible individuals, that includes the following: (A) Distributing outreach and enrollment materials printed in accessible language formats (including primary languages, Braille, large print, and alternative texts). (B) Engaging community-based organizations to conduct outreach to, and provide enrollment assistance for, AIMP-eligible individuals. (C) Referring AIMP-eligible individuals to the State long-term care ombudsman, the qualified nonprofit AIM Ombudsman selected for the AIM program under section 2205(c), and other beneficiary support entities for enrollment assistance and information. 2204. Benefits (a) Covered benefits (1) In general A State AIM program shall provide a core package of covered benefits to address medical, behavioral, long-term care, and social needs of AIMP enrollees in accordance with an individual assessment and plan of care. Such core package of available benefits shall include the following: (A) Medicare benefits All benefits available under parts A, B, and D of title XVIII, including with respect to benefits available under such part D, coverage of the 6 protected classes and 2 drugs from each class. (B) Medicaid mandatory benefits All benefits otherwise required to be provided to AIMP-eligible individuals under title XIX in the State if they were not AIMP enrollees. (C) Historic benefits All Medicaid services and benefits offered as of 1 year prior to the enactment of this title, as required by section 2204(d). (D) Drugs All prescription drugs and covered outpatient drugs available under the State Medicaid program, including any such drugs that are available under a prescription drug plan under part D of title XVIII. (E) Additional services An AIMP-participating State may, with approval from the Federal Coordinated Health Care Office, make available under the State AIM program additional behavioral health, social, and supportive services that enable flexibility to achieve person-centered outcomes in the most cost-effective setting. (2) Limitation on benefit carve-outs The Secretary may permit a State AIM program to exclude benefits for some services under paragraph (1)(C) if the Secretary determines that such an exclusion is essential for the State to implement the AIM program but such exclusion may not extend over a period of longer than 4 years. (b) Benefit assessment process (1) Assessment tool and plan of care (A) Development Not later than 18 months after the date of the enactment of this title, the Secretary, in consultation with State agencies administering State plans or waivers under title XIX and with input from other stakeholders, shall develop and publish a robust, comprehensive standard assessment tool for use by all AIM programs in evaluating the condition and needs of AIMP enrollees for benefits under the program. (B) Application to plan of care Each AIM program shall provide for an assessment for each AIMP enrollee, using such standard assessment tool, to form a basis for the enrollee’s plan of care under the program. Such an assessment shall be conducted at least annually, and when a triggering event (as defined by the Secretary) affecting the enrollee’s need for care occurs. (C) Application of grievance and appeals procedures Disagreements concerning the plan of care for an AIM enrollee shall be subject to grievance and appeal rights under section 2205(b). (2) Standard assessment tool The standard assessment tool under paragraph (1) shall— (A) contain a required set of core elements, to which States and AIMP-administering entities may add additional requirements so long as the requirements a State or AIMP administering entity uses contain at a minimum the core set of elements; (B) cover multiple domains, including medical, functional, behavioral, and social domains; and (C) be applicable to the full range of AIMP enrollees, including individuals with serious mental illness and with needs for assistance with activities of daily living. (c) State provision of covered benefits (1) Use of tiered-benefit model An AIMP-participating State may establish a tiered-benefit design structure for benefits so that specialized benefits may be available to meet the needs of specific subpopulations of AIMP enrollees so long as such tiering— (A) only applies to benefits described in subparagraph (E) of subsection (a)(1) and does not limit the coverage of core covered benefits described in subparagraphs (A) and (B) of such subsection; and (B) is no more restrictive than the benefit structure in place in the State under title XIX in the year before the date of the enactment of this title. (2) In-lieu-thereof alternative services permitted An AIMP-participating State may permit AIMP-administering entities to cover benefits for cost-effective alternative services (known as in lieu of services ) instead of benefits for services otherwise included under the AIM program but in no case shall an AIMP enrollee be required to use such alternative services. (3) Continuity of services (A) In general Except as provided in subparagraph (B), during the first 6 months of an AIM enrollee’s enrollment in an AIM program (or for such longer period as the AIM program may provide) an AIMP-participating State shall continue to provide access to all medically necessary covered items and services and providers (for continuity of care) that were being provided at the time of enrollment. (B) Exception Subparagraph (A) shall not apply in cases in which it is determined by the State, and agreed to by the Secretary, that the AIMP enrollee was not eligible for such services at the time of enrollment or was enrolled in the AIM program due to error or fraud. (d) Maintenance of effort As a condition for approval of an AIM program of a State, the State shall maintain levels of benefits for AIM enrollees under the program that are not less than the level of benefits under its State plan (including under a waiver) under title XIX for full-benefit dual eligible individuals as of fiscal year 2021, as of the fiscal year before the fiscal year in which this title is enacted, or as of the fiscal year before the 1st fiscal year in which the program is implemented in the State, whichever fiscal year has the highest level of benefits. (e) Administration of benefits through AIM-Administering entities AIMP-participating States shall provide for the coordination of, and the responsibility for the delivery of covered services through AIM-administering entities under an AIM contract under section 2207. 2205. Beneficiary protections (a) In general Except as otherwise provided, the beneficiary protections applicable to individuals enrolled under plans under parts C and D of title XVIII and under a State plan under title XIX shall apply in a manner specified by the Secretary to AIMP enrollees under an AIM program under this title and are in addition to beneficiary protections provided under this title. (b) Application of grievances and internal and external appeals under AIMP contracts The rights of individuals with respect to internal and external complaints and appeals processes shall be specified in the contract between the AIMP-participating State and an AIMP-administering entity. Such processes shall, at a minimum, incorporate relevant rights and processes from the requirements for plans under parts C and D of title XVIII as well as requirements for Medicaid managed care organizations under title XIX. (c) Requirement for qualified AIM ombudsman program (1) In general As a condition for approval of an AIM program for a State under this title— (A) the State shall have established and have ready for implementation not later than 18 months prior to implementing the AIM program, a qualified nonprofit AIM Ombudsman program run by a community-based organization for such AIM program; and (B) the State, before implementation of its AIM program, shall demonstrate to the satisfaction of the Secretary (through an application of certification process specified by the Secretary) that its AIM Ombudsman program has the capacity to carry out its functions in the State, including that the program has the independence, expertise, and adequate resources in place to serve AIMP-eligible individuals and AIMP enrollees under the State AIM program. (2) Qualifications for qualified aim ombudsman program (A) In general In order to be a qualified AIM Ombudsman program, such program must meet the requirements of this subsection for such a program. (B) Construction Nothing in this subsection shall be construed as preventing a qualified AIM Ombudsman program from being structured as part of another protection service (including those specified in paragraph (3)), so long as such other protection service meets the requirements of this subsection for a qualified AIM Ombudsman program. (3) Coordination with other beneficiary protection services A qualified AIM Ombudsman program shall coordinate with State and Federal beneficiary protection services, including the following: (A) Demonstration Ombudsman Programs Serving Medicare-Medicaid Enrollees. (B) Managed Care Beneficiary Support Systems. (C) Long-Term Care Ombudsman Programs. (D) Disability Protection and Advocacy Programs. (4) Core services A qualified AIM Ombudsman program for an AIMP-participating State shall have authority to provide the following core services with respect to the AIM program in the State: (A) Individual assistance (including consumer education and empowerment, assistance with and representation in beneficiary appeals, fair hearings, and grievances, guidance regarding plan and provider selection, and support during enrollment and disenrollment) for AIMP-eligible individuals considering enrollment in the State AIM program and for AIMP enrollees in such program. (B) Systemic monitoring and reporting to the State regarding compliance with applicable requirements. (5) Providing reports to consumer advisory boards A qualified AIM Ombudsman program for a State shall provide, on a timely basis, any reports it produces to the consumer advisory boards (established under subsection (e)) for the State and shall make them publicly available. (6) Funding and oversight (A) In general The Secretary shall oversee and administer Federal funding directly to qualified AIM Ombudsman programs established by States. (B) Funding level For the purpose of providing funding to qualified AIMP Ombudsman programs in each State over a period of 3 fiscal years, there is appropriated, out of any money in the Treasury not otherwise appropriated, not less than $1,000,000, and not more than $5,000,000. The Secretary shall determine the funding for each such program based on the estimated number of AIMP-eligible individuals in each State. (C) Supplemental funding Nothing in this paragraph shall be construed as preventing an AIMP-participating State from providing supplemental funding for the qualified AIM Ombudsman program for the State. (d) Beneficiary advisory council Each AIMP-participating State shall have in operation a Beneficiary Advisory Council to advise the State regarding the treatment of AIMP-eligible individuals and AIMP enrollees under this title. The composition and specific functions and authority of such a Council shall be delineated in readiness review requirements specified by the Secretary in carrying out paragraphs (2) and (3) of section 2201(d). (e) Consumer advisory boards (1) In general Each AIMP-participating State and each AIMP-administering entity in each such State shall establish a consumer advisory board that will provide regular feedback to the State or governing board of the entity, respectively, on issues of care of AIMP enrollees under the AIM program in that State or through that entity, respectively. (2) Composition; functions Each such consumer advisory board shall— (A) meet at least quarterly; (B) be comprised of members who— (i) may be subject to approval by the Secretary and the AIMP-participating State; (ii) are AIMP enrollees; (iii) are family members and other caregivers for AIMP enrollees; and (iv) are chosen in a manner that reflects the demographic diversity of the population of AIMP enrollees, including with respect to race, ethnicity, age, and urban and rural populations, and which includes individuals with disabilities; (C) meet the requirements for member advisory committees under section 438.110 of title 42, Code of Federal Regulations; and (D) file and make publicly available an annual report that includes at least information on— (i) the dates for its meetings held within the reporting year; (ii) the names of board members invited and of those members in attendance at each such meeting; and (iii) the agenda and minutes for each such meeting. 2206. Federal administration (a) Primary administration through the Federal Coordinated Health Care Office (1) In general The Secretary shall carry out this title through the Federal Coordinated Health Care Office, except that with respect to payments under section 2208, the Secretary may delegate such authority to the Administrator of the Centers for Medicare & Medicaid Services. (2) Appropriations There are hereby appropriated to the Secretary to carry out this title, out of any funds in the Treasury not otherwise appropriated— (A) for each of fiscal years 2022, 2023, and 2024, $100,000,000; and (B) for each succeeding fiscal year, $30,000,000. (b) Standards and process (1) Federal standards In carrying out this title, the Secretary shall specify a minimum set of Federal standards, including standards relating to access to care, quality of care, beneficiary protections, marketing and enrollment, grievances and appeals, and procurement. (2) Transparency in rulemaking In implementing the provisions of this title, to the extent practical, the Secretary shall utilize notice and comment rulemaking to ensure transparency for stakeholders. (3) Application of knowledge gained from demonstration projects and contract management teams under the financial alignment initiative The Secretary shall carry out this title taking into account the knowledge gained from the use of contract management teams in demonstration projects under the Financial Alignment Initiative for Medicare-Medicaid Enrollees administered by the Federal Coordinated Health Care Office. (c) Direct-Hire authority In carrying out this title, the Secretary (acting through the Federal Coordinated Health Care Office) shall have direct-hire authority to the extent required to implement and administer this title on a timely basis. 2207. Selection and role of AIM-administering entities (a) Requirements for State selection of AIM-Administering entities The Secretary, in consultation with States, shall develop (not later than 1 year after the date of the enactment of this title) a set of standardized requirements for the selection of qualified organizations to serve as AIMP-administering entities in the AIM programs in each AIMP-participating State. (b) Application of criteria for the qualification and selection of AIMP-Administering entities (1) In general Each AIM program in an AIMP-participating State shall be implemented through contracts entered into by the AIMP-participating State and organizations that qualify as AIMP-administering entities under this title. A contract with an AIMP-administrating entity shall require the entity to assume 2-sided financial risk in return for payment for the arrangement and delivery of covered benefits to AIMP enrollees assigned to the entity under the program. (2) Specification of criteria The Secretary and AIMP-participating States shall establish basic national criteria for the qualification and selection of organizations to be AIMP-administering entities. Such criteria shall take into account the prior experience (including under both the Medicare program under title XVIII and Medicaid programs under title XIX) of such an organization in serving the population of AIMP-eligible individuals as well as other criteria, including the following: (A) The organization’s experience serving AIMP-eligible individuals in that State (or another State), including the organization’s experience in providing covered services described in section 2204(a)(1) (including long-term services and supports and behavioral health services) to such individuals, and in integrating all of those services and supports for such individuals in that State (or another State). (B) The organization’s performance on key quality measures in providing such services, such as on measures of key health outcomes and enrollee satisfaction. (C) The adequacy of the organization’s provider network in ensuring timely access to care. (D) The organization’s demonstrated experience in implementing models of care for the full range of such services, including with respect to non-medical services described in section 2204(a)(1). (3) Additional state-specific criteria Nothing in this subsection shall be construed as preventing a State, with the approval of the Secretary, from applying additional criteria or requirements regarding health care quality, equity, or access on AIMP-administering entities specific to quality, equity, or access, so long as such requirements and criteria— (A) can be applied consistently to all AIMP-administering entities; and (B) are made available for public comment prior to being imposed. (4) Application of medical loss ratio requirements (A) In general Any AIMP contract between an AIMP-participating State and an AIMP-administering entity to administer benefits under an AIM program shall include a requirement that the medical loss ratio under the AIM program shall not be not less than a percentage (not less than 85 percent) specified by the State and that the entity shall return to the State payment amounts that result in the medical loss ratio being below such percentage. (B) Special rules If an administering entity who is contracting with a participating State to administer a program under this title is an entity bearing 2-sided risk, the State shall establish with the approval of the Secretary a mechanism comparable to a medical loss ratio target to ensure appropriate spending on services by the entity. (c) State procurement process for AIMP-Administering entities (1) In general Each AIMP-participating State shall be responsible for establishing and implementing a process for the procurement and selection of AIMP-administering entities for the State AIM program, subject to the approval of the Secretary. The Secretary shall not approve such a process unless the State demonstrates to the Secretary’s satisfaction that the process results in the selection of AIMP-administering entities that meet the requirements of this title and are qualified to serve the needs of AIMP enrollees in the State under the State’s AIM program. An AIMP-participating State may add additional requirements specific to quality, equity, or access that further the State’s overall integrated care strategy and goals, so long as such requirements are posted for public comment and approved by the Federal Coordinated Health Care Office. (2) Separate procurement process required for initial procurement For the initial procurement executed to establish an AIM program in an AIMP-participating State, the State shall not combine its AIM administering entity procurement process with a procurement process that is also used for procurement under the State plan or waiver under title XIX and shall select AIM administering entities through a standalone procurement process. (d) Payments to AIM-Administering entities Each AIMP-participating State shall make payments to AIM-administering entities under a risk-adjusted payment model that— (1) reflects the risk of the population of AIMP enrollees served by each entity; (2) ensures that there are appropriate resources to serve the AIMP enrollees in the State; and (3) protects against any adverse selection of AIMP enrollees by entities. 2208. Program financing (a) Payments to States with AIM programs (1) For program benefits (A) In general From the sums appropriated under paragraph (3), the Secretary shall pay to each AIMP-participating State for each quarter in a fiscal year (beginning with the first fiscal year that begins after the date of enactment of this title), an amount equal to the Federal AIMP matching percentage (as defined in subsection (b)(1)) of the total amount expended during the quarter as AIMP assistance (as defined in subparagraph (B). (B) AIMP assistance defined In this title, the term AIMP assistance has the meaning given the term medical assistance under section 1905(a), except that in applying such term under this subparagraph— (i) the services described in section 2204(a)(1) shall be substituted for the services described in paragraph (1) and the subsequent paragraphs of such section 1905(a); (ii) an AIMP enrollee shall be treated as an individual referred to in the matter in section 1905(a) before paragraph (1) of such section; and (iii) the exclusion in the subdivision (B) following the last paragraph of the first sentence of section 1905(a) shall not apply. (2) For administrative expenses In addition to the amount paid for each quarter in a fiscal year to an AIMP-participating State under paragraph (1), the Secretary shall pay to each such State for each quarter in a fiscal year (beginning with the first fiscal year that begins after the date of enactment of this title), from the sums appropriated under paragraph (3), not less than 50 percent of the total amount expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State AIM program under this title. (3) Appropriation There is appropriated, out of any money in the Treasury not otherwise appropriated, such amounts as may be required to provide payments to States under this section, reduced by any amounts made available from the Medicare trust funds under paragraph (5). (4) Relation to other payments Payment amounts provided under this subsection are in addition to payments provided under other provisions of this title. (5) Relation to medicare trust funds There shall be made available for application under this title from the Federal Hospital Insurance Trust Fund (under section 1817) and from the Federal Supplementary Medical Insurance Trust Fund (under section 1841) (and from the Medicare Prescription Drug Account (under section 1860D–16) within such Trust Fund) such amounts as the Secretary determines appropriate, taking into account the reductions in payments from such Trust Funds and Account that are attributable to the coverage of AIMP enrollees under AIM programs under this title. (b) Federal AIMP matching percentage (1) In general In this section, the term Federal AIMP matching percentage means, for an AIMP-participating State for a fiscal year, 100 percent minus the State contribution percentage (as defined in paragraph (2)) for the State and fiscal year. (2) State contribution percentage formula (A) In general In this section, the term State contribution percentage means, subject to adjustment under the subsequent provisions of this paragraph, with respect to an AIMP-participating State for— (i) the 1st fiscal year of the AIM program in the State, the base AIMP State percentage computed under subsection (c); or (ii) a subsequent fiscal year, the State contribution percentage under this paragraph for the previous fiscal year adjusted in accordance with subparagraph (B) or (C), as applicable. (B) Annual adjustment based on changes in expenditures For an AIMP-participating State for a fiscal year after such 1st fiscal year, if the expenditures for AIMP assistance for which payment is made under subsection (a)(1) under the State AIM program for the second previous fiscal year— (i) are not greater than 110 percent, or less than 90 percent, of the AIMP assistance expenditures for the previous fiscal year, there shall be no adjustment for the fiscal year involved under this subparagraph; (ii) is greater than 110 percent of the AIMP assistance expenditures for the previous fiscal year, the adjustment under this subparagraph for the fiscal year involved shall be an increase in the State contribution percentage of 1 percentage point for each multiple of 10 percentage points by which such AIMP assistance expenditures exceed 110 percent; or (iii) is less than 90 percent of the AIMP assistance expenditures for the previous fiscal year, the adjustment under this subparagraph for the fiscal year involved shall be a decrease in the State contribution percentage of 1 percentage point for each multiple of 10 percentage points by which such AIMP assistance expenditures is less than 90 percent. (C) Additional adjustments for exceptions The Secretary shall provide a process by which adjustments may be made to the State contribution percentage to take into account increases and decreases in AIMP expenditures described in clause (ii) or (iii) of subparagraph (B) in which the adjustments under such clauses would not apply, such as in cases of a significant increase or decrease in AIMP enrollees, a declaration of a national emergency that impacts on AIMP expenditures under this title, or a significant cost increase beyond the control of the State, as determined by the Secretary. (c) Baseline expenditure and percentage computations (1) In general Using the data reported under paragraph (2): (A) Computation of base aimp percentages For the base Federal fiscal year (as defined in paragraph (3)), the Secretary shall compute and publish for each State— (i) the base AIMP State percentage (as defined in subparagraph (B)) for the State and such fiscal year; and (ii) the Federal AIMP matching percentage for the State and such fiscal year. (B) Base AIMP state percentage defined In this section, the base AIMP State percentage means the amount equal to the ratio (expressed as a percentage) of— (i) the sum of— (I) the amount of the State share of expenditures under title XIX for medical assistance during the base Federal fiscal year attributable to full-benefit dual eligible individuals; and (II) the amount of the payment made to the Federal Government during the base Federal fiscal year under section 1935(c) (commonly referred to as the part D clawback ) attributable to such individuals; to (ii) the sum of— (I) the total expenses paid under title XVIII that are attributable to full-benefit dual eligible individuals for services (or periods of coverage) occurring the base Federal fiscal year (as estimated by the Secretary); and (II) the total amount expended on items and services described in section 2204(a)(1) paid under title XIX (including any waivers under title XI) for full-benefit dual eligible individuals in the base Federal fiscal year. (C) Adjustments to base AIMP percentages With respect to the base AIMP State percentages and the Federal AIMP matching percentages otherwise computed under this paragraph for the base Federal fiscal year, the Secretary shall adjust such percentages to take into account material changes in the programs under titles XVIII and XIX between the base Federal fiscal year and the first fiscal year for which AIM programs may be implemented under this title insofar as such material changes have a direct material impact on AIMP expenditures relating to AIMP-eligible individuals. (2) Data reporting for baseline computations Each State, in its application for approval of its AIM program, shall provide the Secretary (in such form and manner as the Secretary may require) such financial data (including detailed and aggregate, historical and projected expenditures data) on its expenditures under title XIX as the Secretary may require to carry out the computations required under this section. The Secretary shall share with the State, in a process defined by the Secretary, Medicare expenditure data (including detailed and aggregate historical and projected expenditures data) for services and benefits for full-benefit dual eligible individuals in such State. (3) Base federal fiscal year defined In this section, the term base Federal fiscal year means the Federal fiscal year that is the second preceding fiscal year to the 1st fiscal year for which AIM programs may be implemented under this title. (d) Reinvestment of shared savings (1) In general (A) In general If, with respect to a fiscal year, an AIMP-participating State has expenditures under this title for AIMP assistance that for the preceding fiscal year, are less than 85 percent of the expenditures for such assistance under the State AIM program for the second preceding fiscal year, the Secretary shall ensure that for each quarter in the following fiscal year, the State spends at least the shared savings amount determined for the State for the fiscal year on 1 or more of the core applications described in paragraph (3). Amounts expended by a State to meet the requirement of the preceding sentence shall not be subject to any Federal matching payments under this title. (B) Shared savings amount defined In this subsection, the term shared savings amount means, with respect to an AIMP-participating State for a fiscal year, the amount by which the AIMP assistance expenditures for the fiscal year is less than 85 percent of the expenditures for such assistance under the State AIM program for the second preceding fiscal year. (2) Application of shared savings The Secretary shall issue guidance outlining allowable use of the shared savings payments under paragraph (1). Under such guidance, the Secretary shall outline the types of services and benefits for which a State has the authority to apply the payments for the benefit of consumers who are AIMP-eligible individuals. Such guidance shall permit the use of such payments consistent with the core applications described in paragraph (3) and with paragraph (4), and may be used for existing State-funded health programs or new health-related initiatives that serve full-benefit dual eligible individuals under this title. (3) Core applications The core applications described in this paragraph for such consumers are as follows: (A) Consumer power and choice To provide such consumers more information and control over their health care and community support options. (B) Equity and access to care To improve access to, and quality of, care across populations, advance health equity for consumers, and reduce health disparities and eliminate barriers to care. (C) Prevention and wellness To strive to better enable such consumers to receive individualized health care that is outcomes-oriented and focused on prevention, wellness, recovery and maintaining independence. (D) Pay for performance To employ purchasing and payment methods that encourage and reward service quality and cost-effectiveness by linking reimbursements for services to such consumers to common, evidence-based quality performance measures, including patient satisfaction. (E) Innovative advancement To implement innovative and technological advancements that facilitate such consumers remaining in the community. (F) Service integration To increase integration of services with social needs to improve health outcomes for such consumers. (G) State personnel To hire additional State personnel to carry out this title. (H) Capacity building To expand capacity in providing services to such consumers, such as in— (i) community-based care; and (ii) caregiver assistance. (I) Improve enrollment policies and process To improve the ability to enroll in the State AIMP program through streamlining enrollment policies and processes. (J) Increase education for providers and beneficiaries To ensure providers and beneficiaries understand the State AIMP program and the choices available under such program. (K) Improve data collection regarding racial disparities and health inequities To ensure appropriate data is collected and used to determine program inequities. (L) Other services and initiatives Other services and initiatives approved by the Secretary that serve full-benefit dual eligible individuals under this title. (4) Limitation on payment to AIMP-administering entities An AIMP-participating State may use payments under this subsection for an AIMP-administering entity only if the State demonstrates, to the satisfaction of the Secretary, that the State’s AIM program provides appropriate maintenance of access to and quality of care based on the requirements imposed by the State on the applicable AIMP-administering entities. (e) Application of medicaid payment methodologies financing limitations for the non-Federal share of expenditures (1) In general Except as the Secretary may otherwise provide through notice and comment regulation, the following provisions of title XIX (and related regulations) shall apply to AIMP-participating States’ expenditures in the AIM program in a manner similar to the manner in which such provisions apply under title XIX: (A) Section 1903(d) (relating to estimated payments, recovery of overpayments, disallowance of provisions). (B) Section 1903(w) (relating to provider-related donations, health care related taxes, and broad-based health care related taxes). (C) Section 1903(w)(6) (relating to certified public expenditures and intergovernmental transfers). (D) Other provisions relating to deferral of payments, preventing fraud and abuse, and ensuring program integrity. (2) Processes and forms (A) In general The Secretary shall establish appropriate forms and processes (including expenditure reconciliation processes) for submission of information on State expenditures under this title in a manner similar to the processes used for purposes of payments to States under title XIX, but through the use of such alternative forms as may be appropriate in implementing this title. (B) Reporting of estimated expenditures by quarter An AIMP-participating State shall estimate matchable expenditures (including both total expenditures as well as the estimated Federal share of those expenditures) and separately report these expenditures by quarter for each fiscal year for its AIM program. The Secretary shall make Federal funds available based upon the State's estimate, as approved by the Secretary. (C) Reporting and reconciliation of actual expenditures on a quarterly basis Not later than 30 days after the end of each quarter, each AIMP-participating State shall submit to the Secretary (on an appropriate form) a quarterly expenditure report, showing expenditures made in the quarter just ended under its AIM program. The Secretary shall reconcile expenditures so reported with Federal funding previously made available to the State under this section and include the reconciling adjustment in the finalization of the grant award to the State. (3) Rule of construction Nothing in this title shall be construed as constraining or limiting the authority of the Secretary, the Administrator of the Centers for Medicare & Medicaid Services, the Inspector General of the Department of Health and Human Services, or the Comptroller General of the United States, to conduct routine and targeted program and financial management audits and other oversight activities of funds expended under this title, including oversight activities relating to the allowable use of funds. (f) Option for multi-Year investment initiative The Secretary may specify a process by which an AIM-participating State may elect to participate in a multi-year investment initiative during the first 3-year period in which the State participates in the AIM program. Under such option, an AIM-participating State shall be eligible for additional Federal financial participation (as determined by the Secretary) for expenditures under this title that do not exceed an annual budget target established for the State, based on the expenditures of the State used to determined the base AIMP State percentage under subsection (c)(1)(B), and increased for the 2d and 3rd years of such period, by 9.99 percent over the budget target established for the preceding year. 2209. Accountability and oversight (a) Quality assessment To ensure that full-benefit dual eligible individuals receive high quality care and to encourage quality improvement under AIM programs, each AIM-participating State shall establish a quality incentive program that uses financial rewards, penalties, or both that are meaningful enough to influence the administering entity’s behavior and is approved by the Federal Coordinated Health Care Office. Each AIM program will be expected to tie financial incentives to performance either in the form of quality withholds or incentives, such as making additional quality payments to an AIMP-administering entity that achieves quality or equity goals or the withholding of a portion of a capitation payment to an entity that fails to achieve such goals. Each AIM-participating State shall publicly post and seek comment on its proposed quality incentive program prior to submitting to the Federal Coordinated Health Care Office for approval. (b) Monitoring and program evaluation (1) Consolidated reporting requirements for aim-administering entities The Secretary and each AIMP-participating State shall define and specify in the contract for each AIMP-administering entity under this title a consolidated reporting process that ensures the provision of the necessary data on diagnosis, HEDIS measures, encounter reports, enrollee satisfaction, and evidence-based measures and other information as may be useful in order to monitor each AIMP-administering entity’s performance under the AIMP contract. (2) Evaluation The Secretary and each AIMP-participating State shall develop processes and protocols for collecting (or ensuring that AIMP-administering entities collect) and reporting to the Secretary and the State the data needed for an evaluation by the Secretary to measure the impact of AIMP-administering entities, the effectiveness of the process in enrolling AIMP-eligible individuals under the AIM program, and the effectiveness of the AIM program in reducing disparities, improving quality of care, and advancing health equity. (3) Collaborative evaluation The Secretary and AIMP-participating States shall collaborate on and coordinate during any evaluation activity conducted under this subsection. (c) Administrative oversight responsibilities (1) State role Each AIMP-participating State shall be responsible for day-to-day oversight of the AIMP-administering entities providing services with respect to AIMP enrollees under the AIMP contract with the State under its AIM program. Such oversight shall include the following activities: (A) Conducting a comprehensive readiness review of each entity (as required under section 2201(d)). (B) Monitoring compliance of the entity with the terms of its AIMP contract under the AIM program, including— (i) ensuring adherence to and protection of enrollee rights as provided under this title; (ii) monitoring the entity to ensure it authorizes, arranges, coordinates, and provides all covered and medically necessary services (as required under this title) to AIMP enrollees receiving benefits administered by the entity, in accordance with the requirements of the AIMP contract; and (iii) ensuring compliance with applicable reporting requirements under this title. (C) Reviewing, approving, and monitoring— (i) the entity’s network adequacy; (ii) the outreach and orientation materials and procedures of the entity; (iii) the complaint and appeals procedures carried out by the entity; (iv) the utilization management functions of the entity; (v) the entity’s adherence to required continuity of care provisions under section 2204(c)(3); (vi) the entity’s use of required standard assessment tool under section 2204(b); (vii) the entity’s informational materials, particularly for those individuals who will be assigned to the entity under section 2203(f); and (viii) the entity's use of streamlined eligibility processes under this title. (D) Conducting monthly (or more frequent) performance review meetings with the entity. (E) Conducting periodic audits of the entity, including at least an annual independent external review and an annual site visit. (F) Receiving and responding to complaints about the entity. (G) Conducting annual surveys of AIMP enrollees and providing the entity with written results of such surveys. (H) Applying 1 or more sanctions (such as those provided under title XIX), which may include termination of the contract, if the State or the Secretary determines that the entity is in material violation of any of the terms of the AIMP contract. (2) Federal oversight role (A) In general The Secretary shall be responsible for the oversight of AIMP-participating States. Such oversight shall include activities developed through engagement with stakeholders, including consumer advocates, and shall include at the least the following activities: (i) Monitoring the process to select organizations to serve as AIMP-administering entities under the AIM program. (ii) Conducting a thorough readiness review of the State (before readiness reviews for such organizations) under section 2201(d)(2). (iii) Ensuring, including through complaint tracking and secret shopping, the State creates and maintains a highly functional, dedicated AIMP Ombudsman program under section 2205(c). (iv) Ensuring, through direct monitoring, State oversight of compliance of AIMP-administering entities with the terms of their AIMP contracts under the AIM program. (v) Reviewing eligibility and enrollment processes and procedures. (vi) Monitoring State data systems to ensure they are sufficient for providing timely data on program performance. (vii) Ensuring payment rates to AIMP-administering entities under the AIMP contract are actuarially sound, including by establishing a rate setting process established through rulemaking whereby, at a minimum— (I) States and the Secretary provide AIMP-administering entities with comprehensive and timely data as part of the rate setting process and procurement, including historical Medicaid and Medicare cost and utilization data for full-benefit dual eligible individuals by region and including detailed categories of service; (II) States may elect to share the final rate certification package provided to the Secretary with AIMP-administering entities; and (III) an opportunity for public input is established for annual rate setting or when rates are significantly modified whereby stakeholders, including patient advocacy groups, health care providers, and AIMP-administering entities, can provide feedback to the Secretary prior to rate approval. (viii) Coordinating periodic audits of the State with respect o its AIM program. (ix) Conducting regular meetings with the State. (x) Applying discretionary action, if warranted. (xi) Ensuring regular engagement with dually eligible individuals and their caregivers. (B) Compliance authority If the Secretary finds with respect to a State AIM program that the State failed to achieve the appropriate performance levels or compliance with the activities required under subparagraph (A), the Secretary shall take such action as is necessary to address and correct the State failures, which may include, to the extent the Secretary determines appropriate, 1 or more of the following: (i) Developing in consultation with the State, a corrective compliance plan for achieving appropriate performance levels or compliance. (ii) Remedial education and supervised training. (iii) Imposition of penalties or sanctions. (iv) Removal of the State from the AIM program. (3) State-federal partnership role through joint contract management teams (cmt) (A) Establishment The Secretary shall, jointly with each AIMP-participating State, establish a Joint Contract Management Team (in this paragraph referred to as a CMT ) following the model used in the demonstration projects conducted under the Financial Alignment Initiative for Medicare-Medicaid Enrollees administered by the Federal Coordinated Health Care Office. (B) Composition and structure (i) In general Each CMT shall include at least 1 contract officer from the Centers for Medicare & Medicaid Services and at least 1 contract officer from the AIMP-participating State, each of whom is authorized and empowered to represent the Secretary and the State, respectively, about all aspects of the AIMP contract with an AIMP-administering entity under the AIM program of the State. (ii) Lead The representation from the Federal Government shall be led by the individual from the Federal Coordinated Health Care Office who is assigned to work with the State, who will bring in additional individuals, as appropriate. (iii) State lead The representation from the AIMP-participating State shall be led by the Director of the State Medicaid program under title XIX (or such Director’s designee) who will bring in additional individual to represent the State, as appropriate. (C) Responsibilities of cmt Each CMT for a State shall act as a liaison among the AIMP-administering entity, the Secretary, and the State for the duration of the AIMP contract with such entity and shall serve to facilitate communications and operations among the 3 parties. Each CMT shall, among other functions— (i) receive and respond to complaints; (ii) conduct quarterly meetings among the parties; (iii) establish a mechanism for ongoing consumer engagement; (iv) coordinate requests for assistance from the entity and assign Federal and State staff with appropriate expertise to provide technical assistance to the entity; (v) make best efforts to resolve any issues applicable to the parties; and (vi) monitor any discretionary action by the State or the Secretary under the provisions of the AIMP contract. 2210. Definitions; miscellaneous provisions (a) Definitions In this title: (1) Terms relating to AIMP (A) AIMP-administering entity The term AIMP-administering entity means an organization that has been determined to meet the requirements for such an entity under this title and has an AIMP contract with an AIMP-participating State under this title. (B) AIMP assistance The term AIMP assistance has the meaning given such term in section 2208(a)(1)(B). (C) AIMP contract The term AIMP contract is a contract described in section 2207(b)(1). (D) AIMP-eligible individual The term AIMP-eligible individual has the meaning given such term in section 2202(a). (E) AIMP enrollee The term AIMP enrollee means an individual who is enrolled in an AIM program under this title. (F) AIMP-participating State The term AIMP-participating State means a State administering an AIM program under this title. (G) AIM program; AIMP The terms AIM program and AIMP mean, with respect to a State, the program established by the State under this title. (2) Other definitions (A) Full-benefit dual eligible individual The term full-benefit dual eligible individual has the meaning given such term in section 1935(c)(6) but without the application of subparagraph (A)(i) of such section. (B) Federal Coordinated Health Care Office The term Federal Coordinated Health Care Office means the office established under section 2602 of the Patient Protection and Affordable Care Act. (C) Medicaid managed care organization The term medicaid managed care organization has the meaning given that term in section 1903(m)(1)(A) and includes a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation) and a prepaid ambulatory health plan, as defined in such section (or any successor regulation). (b) Miscellaneous provisions (1) Relation to other requirements Except as otherwise provided under this title or by regulation, the requirements of title XIX shall apply under an AIM program in relation to AIMP-eligible individuals, AIMP enrollees, and the provision of benefits under an AIM program, in the same manner as such requirements apply with respect to individuals eligible for medical assistance who are enrolled in under a medicaid managed care organization. (2) Limitation on waiver authority Except as provided in this title, the Secretary is not authorized (under section 1115, 1115A, or otherwise) to waive the requirements specified in this title. . (b) Conforming amendments to medicare (1) Enrollment Section 1851(a) of the Social Security Act ( 42 U.S.C. 1395w–21(a) ) is amended by adding at the end the following new paragraph: (4) Additional enrollment option for certain full-benefit dual eligible individuals Full-benefit dual eligible individuals may also be eligible to enroll under a State AIM program under title XXII. . (2) Prohibition During the period in which an AIM program is fully implemented in an AIMP-participating State under title XXII, AIMP-eligible individuals in the State may not enroll in a managed Medicare and other integrated duals product (other than a PACE program). (c) Conforming amendments to medicaid (1) Preventing duplicate payments Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396(i) ) is amended— (A) by striking or at the end of paragraph (26); (B) by striking the period at the end of paragraph (27) and inserting ; or ; and (C) by inserting after paragraph (27) the following new paragraph: (28) with respect to any amount expended for medical assistance for an individual who is an AIMP enrollee under a State AIM program under title XXII, except specifically permitted under such title. . (2) Note: Additional conforming amendments to be provided. (d) Conforming amendment Section 2602(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1315b(d) ) is amended by adding at the end the following: (9) To be primarily responsible for the Federal administration of title XXII of the Social Security Act. . (e) Other conforming amendments Section 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended— (1) by striking XIX, and XXI and inserting XIX, XXI, and XXII ; and (2) by striking XIX and XXI and inserting XIX, XXI, and XXII . 3. MedPAC study and report (a) Study The Medicare Payment Advisory Commission shall conduct a study for purposes of making recommendations regarding how to improve health care and other support needs of individuals who are eligible for and are receiving medical assistance for the payment of medicare cost-sharing under a State Medicaid program pursuant to clause (i), (iii), or (iv) of section 1902(a)(10)(E) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(E) ). (b) Report Not later than 18 months after the date of enactment of this Act, the Medicare Payment Advisory Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines to be appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s4635is/xml/BILLS-117s4635is.xml |
117-s-4636 | II 117th CONGRESS 2d Session S. 4636 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Tillis (for himself, Mr. Cramer , Mr. Hagerty , Mr. Cruz , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to permanently bar aliens who are ordered removed after failing to appear at a removal proceeding, absent exceptional circumstances, from becoming permanent residents of the United States.
1. Short title This Act may be cited as the Asylum Accountability Act . 2. Permanent ineligibility for adjustment of status after failure to appear at removal proceeding Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking for a period of 10 years after the date of the entry of the final order of removal . | https://www.govinfo.gov/content/pkg/BILLS-117s4636is/xml/BILLS-117s4636is.xml |
117-s-4637 | II 117th CONGRESS 2d Session S. 4637 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Tillis (for himself, Mr. Cramer , Mr. Hagerty , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to clarify the meaning of the term frivolous application with respect to asylum claims, and for other purposes.
1. Short title This Act may be cited as the Asylum Integrity Act . 2. Clarification with respect to frivolous asylum applications Section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended— (1) in paragraph (4), in the matter preceding subparagraph (A), by inserting the Secretary of Homeland Security or before the Attorney General ; and (2) by amending paragraph (6)— (A) by striking If the Attorney General determines that an alien has knowingly and inserting the following: (A) In general If the Secretary of Homeland Security or the Attorney General determines that an alien has ; and (B) by adding at the end the following: (B) Determination (i) In general For purposes of this paragraph, a frivolous application is an application for asylum that the Secretary of Homeland Security or the Attorney General determines— (I) has been made knowingly by the applicant; and (II) (aa) includes a fabricated material element; (bb) is premised on false or fabricated evidence; (cc) was filed without regard to the merits of the claim; or (dd) is clearly foreclosed by applicable law. (ii) Effect of finding For purposes of this section, a finding that an alien has filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) of protection pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (iii) Findings by asylum officers In adjudicating an affirmative asylum application, if an asylum officer determines that the application is described in subclauses (I) and (II) of clause (i), the asylum officer may— (I) make a finding that the application is a frivolous application; and (II) (aa) in the case of an applicant who is not in lawful status, refer the application to an immigration judge; or (bb) in the case of an applicant who is in lawful status, deny the application. . | https://www.govinfo.gov/content/pkg/BILLS-117s4637is/xml/BILLS-117s4637is.xml |
117-s-4638 | II 117th CONGRESS 2d Session S. 4638 IN THE SENATE OF THE UNITED STATES July 27, 2022 Ms. Ernst (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To allow women greater access to safe and effective oral contraceptive drugs intended for routine use.
1. Short title This Act may be cited as the Allowing Greater Access to Safe and Effective Contraception Act . 2. Supplemental applications for over-the-counter contraceptive drugs (a) Priority review of application The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall give priority review to any supplemental application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) if— (1) the supplemental application is with respect to an oral contraceptive drug intended for routine use; (2) the supplemental application is not with respect to any emergency contraceptive drug; (3) the supplemental application is not with respect to any drug that is also approved for induced abortion; and (4) if the supplemental application is approved, with respect to individuals aged 18 and older, such drug would not be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). (b) Fee waiver The Secretary shall waive the fee under section 736(a)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h(a)(1) ) with respect to a supplemental application that receives priority review under subsection (a). (c) Over-the-Counter availability Notwithstanding any other provision of law, with respect to individuals under age 18, a contraceptive drug that is eligible for priority review under subsection (a) shall be subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ), including after approval of the supplemental application as described in subsection (a)(3). (d) Applicability This section applies with respect to a supplemental application described in subsection (a) that— (1) is submitted before the date of enactment of this Act and remains pending as of such date of enactment; or (2) is submitted after such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-117s4638is/xml/BILLS-117s4638is.xml |
117-s-4639 | II 117th CONGRESS 2d Session S. 4639 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Wyden (for himself, Mr. Bennet , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a North American Grasslands Conservation Council, and for other purposes.
1. Short title This Act may be cited as the North American Grasslands Conservation Act of 2022 . 2. Findings Congress finds that— (1) the maintenance of healthy populations of grassland bird species and working lands that are critical for rural economies and carbon sequestration are dependent on the conservation, restoration, and management of grassland ecosystems, which are composed of tallgrass, mixed grass, and shortgrass prairies, sagebrush shrub-steppe, and savannah grasslands (referred to in this section as grassland ecosystems ); (2) grasslands cover 358,000,000 acres of the United States, 85 percent of which are privately owned and serve as an important habitat for 29 breeding obligate grassland bird species; (3) sagebrush occupies 161,000,000 acres of 14 western States; (4) over the last decade alone, millions of acres of grassland ecosystems in North America have been converted to cropland and residential and commercial development; (5) grassland ecosystems are threatened by fragmentation, invasive species, wildfire, degradation, and land conversion; (6) on average, about 1,200,000 acres of sagebrush burn each year in the United States due to invasive annual grasses that fuel catastrophic wildfires; (7) in addition to the wildfires described in paragraph (6), there has been a decrease in the number of working farms and ranches due to— (A) pressures to convert or sell land; and (B) challenges in keeping ranching profitable; and (8) effective restoration strategies for land managers of grassland ecosystems require— (A) access to adequate quantities of high quality, regionally appropriate, and diverse native plant seeds; (B) science-based guidance on cultivating native plant species; and (C) as stated in the National Seed Strategy for Rehabilitation and Restoration developed by the Plant Conservation Alliance and chaired by the Director of the Bureau of Land Management, more research on seedling establishment and species interaction in order to increase the use of native plant species. 3. Purpose The purpose of this Act is to take bold action to conserve and restore grasslands in North America while supporting ranchers, farmers, Indian Tribes, sportsmen and sportswomen, rural communities, and other interests by— (1) preventing additional conversion and loss of native grasslands and loss of sagebrush biome and sustaining those ecosystems as working lands by creating a flexible, voluntary, and innovative grant program; (2) improving grassland and rangeland health and management; (3) mitigating the impacts of severe drought and wildfire on grasslands; (4) supporting farmer and rancher stewards and Tribal partners; (5) improving biodiversity and habitat for grassland and sagebrush birds, pollinators, and other wildlife; (6) increasing carbon sequestration; (7) providing increased recreational and hunter access opportunities, at the discretion of private landowners; and (8) encouraging stronger public-private partnerships in support of landscape-level grassland conservation. 4. Definitions In this Act: (1) Conservation Strategy The term Conservation Strategy means the North American Grasslands Conservation Strategy established under section 7(a). (2) Council The term Council means the North American Grasslands Conservation Council established by section 5(a). (3) Director The term Director means the Director of the United States Fish and Wildlife Service. (4) Eligible entity The term eligible entity means— (A) a grazing land coalition; (B) an agricultural or livestock producer group; (C) an Indian Tribe; (D) a land trust; (E) a State or local government; (F) a Federal land management agency; (G) a nongovernmental organization; (H) a community-based organization; and (I) a group of individuals that are private landowners. (5) Grasslands The term grasslands means tallgrass, mixed grass, shortgrass, native prairie, sagebrush shrub-steppe, savanna grasslands, glades, wet meadows, coastal grasslands, and other related grassland ecosystems. (6) Grasslands conservation project The term grasslands conservation project means any conservation, restoration, protection, or enhancement activity that is carried out with a grant awarded under the program. (7) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (8) Program The term program means the grant program established under section 8(a). (9) Secretary The term Secretary means the Secretary of the Interior. (10) Tribal organization The term Tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). 5. North American Grasslands Conservation Council (a) Establishment There is established the North American Grasslands Conservation Council. (b) Membership (1) In general The Council shall be composed of 10 members, of whom— (A) 1 shall be the Director, who shall be the responsible Federal official for ensuring Council compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) 1 shall be a representative of the National Fish and Wildlife Foundation; (C) 2 shall be appointed by the Secretary, who shall each be a Director of a State fish and wildlife agency; (D) 2 shall be appointed by the Secretary, who shall be representatives of Indian Tribes; (E) 2 shall be appointed by the Secretary, who shall each represent a different landowning, farming, ranching, or grazing group organization that is actively participating in carrying out grassland conservation projects; and (F) 2 shall be appointed by the Secretary, who shall be members of conservation organizations. (2) Period of appointment; vacancies (A) In general Except as provided in subparagraph (B), a member of the Council shall serve for a term of 3 years. (B) Exceptions (i) Directors of State fish and wildlife agencies Of the members first appointed under paragraph (1)(C)— (I) 1 shall be appointed for a term of 2 years; and (II) 1 shall be appointed for a term of 3 years. (ii) Other members Of the members first appointed under subparagraphs (D), (E), and (F) of paragraph (1)— (I) 2 shall be appointed for a term of 1 year; (II) 2 shall be appointed for a term of 2 years; and (III) 2 shall be appointed for a term of 3 years. (C) Vacancies (i) In general With respect to a member appointed to the Council under subparagraph (C) or (E) of paragraph (1), a vacancy in the Council shall be filled in accordance with that subparagraph for the remainder of the applicable term of that member. (ii) Alternate members Until a vacancy referred to in clause (i) is filled, or in the event of an anticipated absence of a member described in that clause from any meeting of the Council, the Secretary shall appoint an alternate member to the Council who shall— (I) be knowledgeable and experienced in matters relating to grassland conservation and restoration; and (II) perform the duties of a member appointed to the Council under subparagraph (C) or (E) of paragraph (1). (3) Ex officio members The Secretary may include as ex officio, nonvoting members of the Council— (A) the Under Secretary for Farm Production and Conservation of the Department of Agriculture; (B) the Director of the Bureau of Land Management; and (C) representatives of— (i) other appropriate Federal, provincial, territorial, or Tribal government agencies; and (ii) nonprofit charitable organizations and Native American interests, including Tribal organizations, that are participating in grasslands conservation projects. (4) Chairperson (A) In general The Council shall select a Chairperson from among the members of the Council. (B) Term A Chairperson shall serve for a 3-year term, except that the first selected Chairperson may serve a term of less than 3 years. (c) Meetings (1) In general The Council shall meet at the call of the Chairperson. (2) Frequency The Council shall meet not less frequently than once per year. (3) Format A meeting of the Council may be conducted in person or virtually. (4) Availability Meetings of the Council shall be open to the public, and the Council shall give public notice of the time and place of such meetings. (d) Duties The Council shall— (1) provide input to the Director in the development of the Conservation Strategy; (2) establish publicly available project evaluation criteria for applications submitted under the program; and (3) provide funding recommendations to the Director with respect to those applications. (e) Compensation A member of the Council shall receive no compensation as a result of serving on the Council. (f) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. 6. Regional grasslands conservation councils (a) In general There are established Regional Grasslands Conservation Councils for each region established by the Director, in consultation with relevant Federal agencies. (b) Membership Each Regional Grasslands Conservation Council shall be composed of not more than 10 members, which shall include— (1) representatives of nongovernmental organizations representing the conservation community; (2) representatives from Tribal governments and organizations; (3) representatives of rancher and farming interests; (4) representatives from State fish and wildlife agencies; and (5) any other representatives, as determined necessary by the Secretary in coordination with the Council. (c) Recommendations A Regional Grasslands Conservation Council shall provide recommendations to the Council on— (1) the selection of grasslands conservation projects; and (2) best practices of established regional grassland conservation plans. (d) FACA applicability The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a Regional Grasslands Conservation Council. 7. North American Grasslands Conservation Strategy (a) In general After not less than half of the members of the Council are appointed under section 5(b)(1), the Director shall, in consultation with the Council— (1) develop a coordinated strategy, to be known as the North American Grasslands Conservation Strategy , for the protection, restoration, and management of grassland ecosystems across the United States; and (2) support implementation, monitoring, and communication efforts relating to the Conservation Strategy. (b) Existing conservation plans The Conservation Strategy shall draw from existing local, State, and regional conservation plans and frameworks, conservation plans of Indian Tribes, and State wildlife action plans, with an emphasis on supporting existing science-based frameworks from the Natural Resources Conservation Service, including the Working Land for Wildlife framework. (c) Inclusion The Conservation Strategy shall— (1) identify key areas with— (A) grasslands at high risk of conversion to cropland, residential and commercial development, shrub or woody encroachment, or invasion of annual grasses or other undesired vegetation; (B) the highest potential of conserving native grasslands, restoring grasslands, and reducing fragmentation; (C) ecologically significant grassland remnants; (D) populations of grassland bird species of greatest conservation need, as identified in— (i) State wildlife action plans; (ii) Tribal conservation plans; or (iii) the report of the United States Fish and Wildlife Service entitled Birds of Conservation Concern 2021 Migratory Bird Program and dated April 2021 (or a successor document); and (E) grassland habitats important to the recovery of species listed as threatened species or endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ); (2) identify specific goals for increasing grassland acreage and enhancing existing grasslands primarily through incentivizing the voluntary restoration of grasslands and the management of native prairie or sagebrush shrublands through conservation practices such as— (A) advanced grazing management or other prescribed grazing management that meets the objectives of the Conservation Strategy; (B) prescribed fires; (C) invasive species management; (D) removal of encroaching woody vegetation; and (E) restoration of marginal cropland and pastureland to native grasslands in areas that were historically grasslands; and (3) develop— (A) baseline inventories and population estimates of key indicator birds, pollinators, and other wildlife species at risk; (B) goals for increasing population size and resiliency of those species, including through ensuring grassland habitat connectivity; and (C) a tool for tracking county-level aggregated conversion of native grasslands to cropland, residential and commercial development, and other uses that shall be— (i) made publicly available; and (ii) updated on an annual basis. (d) Availability Not later than 120 days before the date on which the program is established, the Conservation Strategy shall be finalized and made publicly available on the website of the United States Fish and Wildlife Service to help target investments in grasslands conservation projects. 8. Grassland conservation grant program (a) Establishment Not later than 2 years after the date of enactment of this Act, the Director, in consultation with the Secretary of Agriculture and other heads of relevant Federal agencies, shall establish a competitive grant program to award grants to eligible entities for eligible projects to support voluntary grasslands conservation projects, including projects— (1) to conserve intact grasslands at risk of conversion to cropland and residential and commercial development; (2) to restore degraded grasslands and improve grassland health; (3) to increase carbon sequestration and ecological function in soils and improve resilience of grasslands; (4) to support habitat and habitat connectivity for native grassland and sagebrush birds, pollinators, plants, watersheds, and other wildlife, including big game species; and (5) to restore and enhance watersheds. (b) Applications An eligible entity desiring a grant under the program shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (c) Priority In awarding grants under the program, the Director shall prioritize grants to eligible entities that advance the goals of the Conservation Strategy. (d) Considerations In awarding grants under the program, the Director shall consider recommendations made by the Council. (e) Use of funds (1) In general An eligible entity may use a grant awarded under the program for grasslands conservation projects, including— (A) voluntary conservation easements; (B) restoration and management activities, including— (i) voluntary incentives to producers for prescribed burns; (ii) removal of pinyon juniper or any other encroaching woody species; (iii) management of invasive species; (iv) maintenance and monitoring of new or ongoing grasslands conservation projects; (v) advanced grazing management activities; (vi) drought monitoring and preparedness activities; and (vii) such other restoration and management activities as determined appropriate by the Director; (C) ecosystem education, outreach, and conservation stewardship assistance, which may include— (i) field days; (ii) grazing management training programs; (iii) conservation planning; and (iv) education and outreach relating to— (I) grazing management; (II) control of invasive species; (III) prescribed fires; (IV) native seed crop systems research, in accordance with the research carried out by the Secretary of Agriculture under section 9; (V) land access, generational land transfers, and ensuring ranchland viability; (VI) best management practices relating to grassland biomes; and (VII) participation in carbon and ecosystem markets; (D) payments for ecosystem or conservation services; and (E) such other activities that benefit grasslands and associated wildlife. (2) Restoration activities For purposes of paragraph (1)(B), any restoration activity shall prioritize a diverse mix of appropriately sourced native grasses and forbs, with such exceptions as the Director determines to be appropriate for ecologically appropriate noninvasive and non-native species. (f) Grasslands conservation projects in Mexico and Canada The Secretary shall grant or otherwise provide up to 10 percent of the amounts made available under section 12(a)(1) to Federal agencies, eligible entities, and other individuals and entities, including foreign land management agencies, for the purpose of assisting those entities and individuals in carrying out grasslands conservation projects in Mexico and Canada that— (1) have been approved by the Council; and (2) meet the goals of the Conservation Strategy. (g) Tribal set-Aside For each fiscal year, of the amounts made available to carry out the program, the Director shall set aside not less than 10 percent to provide grants to Indian Tribes and Tribal organizations. (h) Cost-Sharing requirement (1) In general Subject to paragraph (2), the non-Federal share of the cost of carrying out an eligible project using funds from a grant awarded under the program shall be not less than 25 percent, including in-kind contributions. (2) Waivers (A) Indian Tribes The Secretary shall waive the cost-share requirement under paragraph (1) for grants awarded to Indian Tribes and Tribal organizations. (B) Other eligible entities The Council shall establish waiver criteria under which the Secretary may waive the cost-share requirement under paragraph (1), in whole or in part, for grants awarded to such other eligible entities. (i) Administrative costs An eligible entity awarded a grant under this section may use the grant funds for administrative costs relating to that grant. 9. Native seed crop systems research The Secretary and the Secretary of Agriculture shall jointly coordinate and implement the National Seed Strategy for Rehabilitation and Restoration developed by the Plant Conservation Alliance and chaired by the Director of the Bureau of Land Management, with an emphasis on— (1) research relating to native seed crop systems, including— (A) agronomic research to improve the understanding of native plants as seed crops for native rangeland revegetation, with an emphasis on enhancing natural plant establishment in the environment; (B) research on plant seed physiology to improve seed quality, storage, and seeding success in the landscape; (C) the development and technology transfer of best management practices and technologies for seed production, seed collection, seed storage, and reseeding success in the environment; (D) research on soil chemistry and biome composition and how soil chemistry and biome composition impact native seed establishment; and (E) identification of scenarios and preferred species for the incorporation of non-native seed, with the goal of the overall successful restoration of functional groups of species; (2) extension of research described in paragraph (1) to seed producers and land managers responsible for restoration efforts; and (3) production, storage, distribution, and planting of native seed crops in grassland areas for restoration. 10. Regenerative grazing data collection (a) Definitions In this section: (1) Federal land The term Federal land means— (A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); and (B) land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) )). (2) Pilot program The term pilot program means the pilot program established under subsection (b)(1). (3) Secretaries The term Secretaries means the Secretary of Agriculture (acting through the Chief of the Forest Service) and the Secretary (acting through the Director of the Bureau of Land Management), acting jointly. (b) Pilot program for use of regenerative grazing on Federal land To mitigate the effects of climate change (1) Establishment Not later than 1 year after the date of enactment of this Act, the Secretaries shall establish a pilot program to study the effectiveness of using grazing on Federal land to mitigate the effects of climate change. (2) Requirements In carrying out the pilot program, the Secretaries shall— (A) identify— (i) a standard set of practices to study, such as carbon beneficial practices, that support conservation and grazing goals, including— (I) ecologically appropriate silvopasture; (II) practices that provide wildlife habitat benefits; (III) practices that consider flexibility in season of use; (IV) forage and biomass management; (V) planned grazing; and (VI) range monitoring; and (ii) sufficient grazing allotments on a diverse mixture of ecosystems to identify whether, and the extent to which, grazing is an effective tool to mitigate effects of climate change, including the ability— (I) to improve soil health; (II) to increase carbon sequestration; (III) to reduce wildfire risk; and (IV) to improve watershed resilience and biodiversity; and (B) in developing, implementing, and monitoring the pilot program, consult with— (i) the Chief of the Forest Service; (ii) the Director of the Bureau of Land Management; (iii) the Administrator of the Agricultural Research Service; (iv) the Chief of the Natural Resources Conservation Service; (v) the Director of the United States Geological Survey; (vi) ranchers and representatives of the ranching industry; (vii) representatives from grazing districts, associations, boards, or councils; (viii) environmental and conservation nongovernmental organizations; (ix) institutions of higher education; and (x) any other Federal or State agency, academic institution, or organization that the Secretaries determine to be appropriate. (3) Use of funds Funds made available to carry out the pilot program may be used for— (A) the conduct of research activities; (B) the provision of technical assistance to permittees; or (C) the construction of infrastructure necessary for implementing and analyzing regenerative grazing. (4) Report to Congress Not later than 180 days after the date on which the Secretaries determine that a sufficient quantity of data has been collected under the pilot program, the Secretaries shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and make publicly available on the websites of the Department of Agriculture and the Department of the Interior, a report on the findings and data derived from the pilot program, including whether and the extent to which the use of regenerative grazing improved the ability to mitigate the impacts of climate change. 11. Report to Congress The Director shall submit to Congress, and make publicly available, an annual report on the implementation of this Act, which shall include an annual assessment of the status of grasslands conservation projects, including an accounting of expenditures by Federal, State, and other entities. 12. Authorization of appropriations (a) In general There are authorized to be appropriated— (1) to the Director to carry out the program, $290,000,000 for each of fiscal years 2022 through 2026, to remain available until expended; (2) to carry out section 5, $1,000,000 for each of fiscal years 2022 through 2026, to remain available until expended; (3) to the Secretary of Agriculture to carry out section 9, $1,000,000 for each of fiscal years 2022 through 2025, to remain available until expended; and (4) to carry out section 10, $10,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. (b) Administrative costs for the Council and program Of the amounts made available under subsection (a)(2), not more than 10 percent may be used for administrative costs relating to the Council and the program. (c) Limitation None of the funds made available under this section may be used for species or habitat mitigation under any Federal law. | https://www.govinfo.gov/content/pkg/BILLS-117s4639is/xml/BILLS-117s4639is.xml |
117-s-4640 | II 117th CONGRESS 2d Session S. 4640 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Heinrich (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To promote a 21 st century energy workforce, and for other purposes.
1. Short title This Act may be cited as the Clean Energy Jobs Act of 2022 . 2. Definitions In this Act: (1) Displaced The term displaced , with respect to an energy worker, means that the worker— (A) previously worked in an energy-related industry; and (B) is a dislocated worker (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )). (2) Educational institution The term educational institution means— (A) a State educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (B) a local educational agency (as defined in that section); and (C) an institution of higher education. (3) Energy-related industry The term energy-related industry includes each of the following industries: (A) The energy efficiency industry. (B) The renewable energy industry. (C) The chemical manufacturing industry. (D) The utility industry. (E) The alternative fuels industry. (F) The pipeline industry. (G) The nuclear energy industry. (H) The oil and gas industry. (I) The coal industry. (J) The manufacturing industry, with respect to the manufacture of energy-related equipment. (4) Institution of higher education The term institution of higher education means— (A) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); and (B) an institution of higher education described in section 102(a)(1)(B) of that Act ( 20 U.S.C. 1002(a)(1)(B) ). (5) Labor organization The term labor organization means— (A) a labor organization (as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 )); and (B) any similar organization, labor union, or other entity, as determined to be appropriate by the Secretary. (6) Local workforce development board The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (7) Minority-serving institution The term minority-serving institution means— (A) a Hispanic-serving institution (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) )); (B) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )); (C) an Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) )); (D) a Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) )); (E) a Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) )); (F) a Native American-serving, nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059f(b) )); (G) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059g(b) )); and (H) a Historically Black College or University that is a part B institution (as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )). (8) Preapprenticeship program The term preapprenticeship program means a program that prepares participants for, and articulates to, a registered apprenticeship program. (9) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship pursuant to the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (10) Secretary The term Secretary means the Secretary of Energy. (11) State workforce development board The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (12) Underrepresented group (A) In general The term underrepresented group means a subset of the general population of the United States the representation of which within the workforce of an energy-related industry, measured as a percentage of the total workforce within that industry, is lower than the representation of that subset within the general population of the United States, measured as a percentage of that general population. (B) Inclusions The term underrepresented group includes— (i) ethnic minorities; (ii) women; (iii) veterans; (iv) individuals with disabilities; (v) unemployed energy workers; and (vi) socioeconomically disadvantaged individuals. (13) Workforce development program The term workforce development program has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). 3. Energy workforce development program (a) Establishment The Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall establish and carry out a comprehensive and nationwide program (referred to in this section as the program ) in accordance with this section to improve education and workforce development for jobs in energy-related industries (including jobs in manufacturing, engineering, construction, retrofitting, and research and development in energy-related industries) to increase the number of skilled workers prepared to work in energy-related industries. (b) Workforce development (1) In general In carrying out the program, the Secretary shall— (A) encourage underrepresented groups to enter into science, technology, engineering, and mathematics fields; (B) encourage educational institutions to provide students with mentors and equip students with the skills, preparation, and technical expertise necessary to fill the employment opportunities vital to managing and operating energy-related industries; (C) provide internships, fellowships, traineeships, registered apprenticeships, and employment through existing programs at the Department of Energy, including at National Laboratories; (D) provide research grants and technical assistance to institutions of higher education, with priority given to minority-serving institutions; (E) provide students and other candidates for employment with the necessary skills and certifications for skilled, semiskilled, and highly skilled jobs in energy-related industries; (F) ensure that the program is in alignment with Department of Energy initiatives to ensure minority participation in the energy workforce; (G) engage with other programs and laboratories in the Department of Energy that are carrying out the Minorities in Energy Initiative of the Department of Energy; and (H) to the maximum extent practicable— (i) collaborate with and support workforce development programs to maximize the efficiency of the program; (ii) collaborate with registered apprenticeship programs and preapprenticeship programs; and (iii) if requested by the Secretary of Labor, support the establishment of nationally recognized certifications by the Department of Labor in the energy-related industries described in subsection (j)(4). (2) Priority In carrying out the program, the Secretary shall prioritize the education and training of underrepresented groups, including low-income individuals, low-wage workers, and displaced workers, for jobs in energy-related industries. (c) Direct assistance (1) In general To carry out the program, the Secretary shall— (A) provide direct assistance (including financial assistance awards, technical expertise, and guidance on internships) to educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, joint labor-management organizations, registered apprenticeship programs, and preapprenticeship programs; or (B) work within existing programs of the Department of Energy (including programs of the National Laboratories). (2) Distribution The Secretary shall distribute direct assistance under paragraph (1)(A) in a manner that— (A) is proportional to the needs of, and demand for jobs in, an energy-related industry; and (B) is consistent with the information obtained under subsections (e)(3) and (j). (d) Resource center (1) In general The Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall establish an online resource center to provide— (A) competency models and career maps for jobs in energy-related industries; and (B) a tool to map skills across— (i) different energy-related industries; and (ii) different jobs in energy-related industries. (2) Purpose The Secretary shall establish the online resource center described in paragraph (1) to be a resource for educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and registered apprenticeship programs that would like to develop and implement workforce development programs for the jobs described in that paragraph. (3) Complementarity with existing resources In carrying out paragraph (1)— (A) the Secretary may draw from or complement any existing resources of the Department of Labor or the Department of Education, as the Secretary determines to be appropriate; and (B) if the Secretary and the Secretary of Labor or the Secretary of Education, as applicable, agree, the appropriate Secretaries may— (i) integrate the online resource center established under that paragraph with any existing online resources of the Department of Labor or the Department of Education; or (ii) modify those existing online resources to ensure complementarity between those resources and the online resource center established under paragraph (1). (4) Complete integration with existing resources (A) In general The online resource center described in paragraph (1) may be established entirely through the modification of 1 or more existing online resources of the Department of Labor or the Department of Education if— (i) the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, determines that the modification of 1 or more existing online resources, rather than the establishment of a new online resource, would be an efficient and effective means of— (I) carrying out the purpose of the online resource center described in paragraph (2); and (II) providing the models, maps, and tool described in subparagraphs (A) and (B) of paragraph (1); and (ii) the Secretary of Labor or the Secretary of Education, as applicable, agrees to modify (or allows the Secretary to modify) the applicable online resources in a manner that carries out subclauses (I) and (II) of clause (i) to the satisfaction of the Secretary. (B) Subsequent establishment of new resource If the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, determines at any time that it would be more appropriate to establish a new online resource center under paragraph (1), the Secretary may do so. (e) Collaboration and report In carrying out the program, the Secretary shall— (1) collaborate with educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, registered apprenticeship programs, and energy-related industries; (2) to facilitate the sharing of promising practices and approaches that best suit local, State, and national needs, encourage and foster collaboration, mentorship, and partnership between— (A) industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and registered apprenticeship programs that provide effective workforce development programs for jobs in energy-related industries; and (B) educational institutions that seek to establish those programs; and (3) collaborate with the Commissioner of the Bureau of Labor Statistics, the Secretary of Labor, the Secretary of Education, the Secretary of Commerce, the Director of the Bureau of the Census, and energy-related industries— (A) to develop a comprehensive and detailed understanding of the workforce needs of, and job opportunities in, energy-related industries and labor organizations, by State and by region; and (B) to publish an annual report on job creation in the areas identified by the Secretary under subsection (j)(1)(A), including any areas identified pursuant to a periodic review carried out under subsection (j)(3) as being among those areas with the greatest demand for workers. (f) Guidelines for educational institutions (1) In general The Secretary, in collaboration with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, and the Director of the National Science Foundation, shall develop and provide to educational institutions voluntary guidelines or promising practices for providing graduates with skills necessary for jobs in energy-related industries (including skills for manufacturing, engineering, construction, retrofitting, and research and development in energy-related industries). (2) Input from industry and labor organizations In carrying out paragraph (1), the Secretary shall solicit input from energy-related industries and labor organizations. (3) Energy efficiency and conservation initiatives The voluntary guidelines or promising practices developed under paragraph (1) shall include grade-specific guidelines for teaching students, families, and communities about energy efficiency technology, manufacturing efficiency technology, community energy resiliency, and energy conservation initiatives. (4) STEM education The voluntary guidelines or promising practices developed under paragraph (1) shall promote education in science, technology, engineering, and mathematics as it relates to job opportunities in the areas identified by the Secretary under subsection (j)(1)(A), including any areas identified pursuant to a periodic review carried out under subsection (j)(3) as being among those areas with the greatest demand for workers. (g) Outreach to minority-Serving institutions The Secretary shall— (1) give special consideration to increasing outreach to minority-serving institutions; (2) make resources available to minority-serving institutions to increase the number of skilled minorities and women qualified for jobs in energy-related industries (including with respect to skills for jobs in manufacturing, processing, engineering, construction, retrofitting, and research and development in energy-related industries); (3) encourage energy-related industries to improve opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs; and (4) work with the laboratories of the Department of Energy to increase the participation of underrepresented groups in internships, fellowships, workforce development programs, and employment at those laboratories. (h) Outreach to displaced and unemployed energy workers The Secretary shall— (1) give special consideration to increasing outreach to employers, labor organizations, and job trainers preparing displaced and unemployed energy workers for emerging jobs in energy-related industries (including jobs in manufacturing, engineering, construction, retrofitting, and research and development in energy-related industries); (2) make resources available to institutions that serve displaced and unemployed energy workers to increase the number of individuals prepared for jobs in energy-related industries (including jobs in manufacturing, engineering, construction, retrofitting, and research and development in energy-related industries); and (3) encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships, registered apprenticeship programs, and cooperative work-study programs. (i) Enrollment in workforce development and registered apprenticeship programs The Secretary shall collaborate with industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and registered apprenticeship programs to help identify students and other candidates, including from underrepresented groups to enroll in quality preapprenticeship programs and registered apprenticeship programs for jobs in energy-related industries. (j) Guidelines To develop skills for an energy industry workforce (1) In general The Secretary— (A) in collaboration with energy-related industries and labor organizations, shall identify, within energy-related industries, the areas that have the greatest demand for workers; and (B) in collaboration with energy related industries and labor organizations and in consultation with the Secretary of Labor, shall develop and maintain, in accordance with this subsection, guidelines for the skills necessary to work in those areas. (2) Skills In developing and maintaining guidelines under paragraph (1)(B), the Secretary, in collaboration with energy-related industries and labor organizations and in consultation with the Secretary of Labor, shall include levels of proficiency or certification in skills relevant to the applicable area, which may include, as applicable, 1 or more of the following: (A) Electrical work. (B) Plumbing. (C) Welding. (D) Pipe fitting. (E) Math. (F) Engineering. (G) Chemistry. (H) Physics. (I) Cybersecurity. (J) Facility security. (K) Geology. (L) Mining. (M) Equipment operation. (N) Sales. (O) Construction. (P) Installation. (Q) Retrofitting. (R) Manufacturing. (S) Any other skill that the Secretary, in collaboration with energy-related industries and labor organizations, determines to be appropriate. (3) Focus The Secretary, in collaboration with energy-related industries and labor organizations, shall— (A) periodically review the areas identified under paragraph (1)(A), other areas within energy-related industries, and the energy market in general; and (B) shift the focus of the efforts carried out under this subsection to ensure that, as the energy market evolves, the guidelines developed and maintained under paragraph (1)(B) continue to address the areas with the greatest demand for workers. (4) Requirement In carrying out paragraphs (1)(A) and (3), the Secretary shall review and consider, at a minimum, areas within the following energy-related industries: (A) The alternative energy generation and refining industries, including— (i) the renewable energy industry, including work relating to the development, engineering, manufacturing, production, and installation of— (I) technologies that generate renewable energy from sources such as solar, hydropower, wind, wave, and geothermal energy; and (II) technologies relating to hydrogen or other energy carriers that are generated from renewable sources; (ii) the bioenergy industry, including work relating to biomass, biofuel, and biochemical refining; (iii) industries involving the extraction and refining of minerals that are critical to renewable energy storage and production; and (iv) the nuclear energy industry, including— (I) discovery, extraction, refining, and power generation; and (II) production of hydrogen paired with nuclear energy generation. (B) The fossil energy extraction and refining industries, including— (i) the oil and gas industry, including discovery, extraction, refining and power generation; (ii) the petrochemical manufacturing industry, including hydrogen generation from fossil sources; (iii) the coal industry; and (iv) the carbon sequestration industry, including underground storage and longterm biological storage pools. (C) The energy storage industry, including the manufacture and installation of batteries, pumped hydro, and other forms of physical and chemical energy storage. (D) The energy conveyance industries, including— (i) with respect to electricity— (I) the transmission and distribution of electricity; (II) the establishment of microgrids; and (III) smart grid technologies; (ii) pipelines for the transmission of oil, natural gas, hydrogen, biomass, and other energy feedstocks; and (iii) vehicle charging and alternative fueling infrastructure. (E) The energy efficiency industry, including work relating to conservation, weatherization, electrification, energy auditing, retrofitting, programming and automation, construction, plumbing, and inspection. (F) The manufacturing industry, including— (i) the manufacture of— (I) wind, solar, and geothermal energy equipment; (II) hydropower, wave power, and biofuel combustion equipment; (III) nuclear components; and (IV) other alternative energy equipment; (ii) the manufacture of alternative fuel vehicles, engines, drive trains, and fuel cells; (iii) the manufacture of electric batteries, cryogenic hydrogen equipment, and other forms of chemical and physical energy storage; (iv) the manufacture of heat pumps, induction heaters, and other advanced technologies used for— (I) space and water heating and cooling; or (II) drying applications; and (v) advanced manufacturing that supports the energy sector, such as operations and design relating to— (I) additive manufacturing; (II) 3-dimensional printing; (III) advanced composites and advanced aluminum and other alloys; (IV) industrial energy efficiency management systems (including power electronics); and (V) other innovative technologies. (5) Complementarity with existing resources In carrying out paragraph (1)(B)— (A) the Secretary shall draw from or complement any existing resources of the Department of Labor, as the Secretary determines to be appropriate; and (B) if the Secretary and the Secretary of Labor agree, the Secretary and the Secretary of Labor may— (i) integrate the development and maintenance of the guidelines described in that paragraph with any existing resources of the Department of Labor; or (ii) modify those existing resources to ensure complementarity between those resources and the development and maintenance of those guidelines. (6) Complete integration with existing resources (A) In general The publication and maintenance of the guidelines described in paragraph (1)(B) may be carried out entirely through the modification of 1 or more existing resources of the Department of Labor if— (i) the Secretary, in consultation with the Secretary of Labor, determines that the modification of 1 or more existing resources of the Department of Labor, rather than the establishment of a new resource, would be an efficient and effective means of publishing and maintaining those guidelines; and (ii) the Secretary of Labor agrees to modify (or allows the Secretary to modify) the applicable resources in a manner that carries out clause (i) to the satisfaction of the Secretary. (B) Subsequent establishment of new resource If the Secretary, in consultation with the Secretary of Labor, determines at any time that it would be more appropriate to establish a new resource to carry out paragraph (1)(B), the Secretary may do so. 4. Energy workforce grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means a business or joint labor-management partnership that— (A) (i) is directly involved with energy efficiency, renewable energy technology, electrification, grid modernization, grid storage, or reduction in greenhouse gas emissions, as determined by the Secretary; or (ii) works on behalf of a business or joint labor-management partnership that is directly involved with energy efficiency, renewable energy technology, electrification, grid modernization, energy storage, or reduction in greenhouse gas emissions, as determined by the Secretary; and (B) manufactures products or provides services related to— (i) renewable energy generation, including solar, wind, geothermal, hydropower, and other renewable energy generation technologies; (ii) energy efficiency, including energy efficient lighting, advanced building materials and techniques, insulation and air sealing, and other high efficiency products and services, and auditing and inspection in energy efficiency; (iii) electrification, including— (I) installation of— (aa) electric heat pump water heaters; (bb) electric heat pumps for heating and cooling; (cc) electric heat pump clothes dryers; (dd) electric stoves, cooktops, ranges, or ovens; and (ee) electric load or service centers; and (II) retrofitting production lines of air conditioners to manufacture heat pumps; (iv) grid modernization, including smart grid, microgrid and other distributed energy solutions, demand response management, and home energy management technology; (v) energy storage, including batteries, pumped hydro, and other market-viable means of chemical and physical energy storage; (vi) technologies that improve the conversion, use, and storage of carbon dioxide produced from fossil fuels, including carbon capture and storage and direct air capture; (vii) nuclear energy, including nuclear technology research, development, demonstration, and commercial application; (viii) (I) vehicles and equipment that use fuel cell or hybrid fuel cell energy; and (II) associated fueling equipment; or (ix) electric vehicles and associated charging infrastructure. (2) Joint labor-management partnership (A) In general The term joint labor-management partnership means a registered nonprofit organization that— (i) is made up of— (I) representatives from nonprofit organizations, employers, industry, and labor organizations; and (II) an intermediary or a sustained convener; and (ii) sets goals, encourages agreements, fosters open dialogue, solves problems, creates incentives for outstanding individual or team performance, and encourages flexibility and innovation. (B) Inclusion The term joint labor-management partnership includes a qualified youth or conservation corps that— (i) provides training to individuals to work for an eligible entity that is a business; or (ii) works on behalf of an eligible entity that is a business. (b) Establishment (1) In general The Secretary shall establish a program to provide grants to eligible entities to pay the wages of a new or existing employee during the time period in which the employee receives training to work— (A) in the energy efficiency sector, the renewable energy sector, the electrification sector, or the grid modernization sector; or (B) on matters pertaining to the reduction of greenhouse gas emissions. (2) Guidelines Not later than 60 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, stakeholders, contractors, and organizations that work to advance existing residential energy efficiency, shall establish guidelines for the program under paragraph (1) to determine the criteria for— (A) the wages or stipends that shall be paid using the grant funds, subject to subsection (c)(4)(A); and (B) training received by an employee that qualifies under the program. (c) Grants (1) In general An eligible entity desiring a grant under subsection (b)(1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Priority for targeted communities In providing grants under subsection (b)(1), the Secretary shall give priority to an eligible entity that— (A) recruits employees— (i) from the 1 or more communities that are served by the eligible entity; and (ii) that are minorities, women, veterans, individuals who are or were foster children, or individuals who are transitioning from fossil energy sector jobs; and (B) provides trainees with the opportunity to obtain real-world experience. (3) Use of grants Subject to paragraph (4)(B), an eligible entity may use a grant received under subsection (b)(1)— (A) in the case of an eligible entity with 20 or fewer employees, to pay not more than— (i) 45 percent of the wages of an employee for the duration of the training, if the training is provided by the eligible entity; and (ii) 90 percent of the wages of an employee for the duration of the training, if the training is provided by an entity other than the eligible entity; (B) in the case of an eligible entity with 21 to 99 employees, to pay not more than— (i) 37.5 percent of the wages of an employee for the duration of the training, if the training is provided by the eligible entity; and (ii) 75 percent of the wages of an employee for the duration of the training, if the training is provided by an entity other than the eligible entity; and (C) in the case of an eligible entity with not less than 100 employees, to pay not more than— (i) 25 percent of the wages of an employee for the duration of the training, if the training is provided by the eligible entity; and (ii) 50 percent of the wages of an employee for the duration of the training, if the training is provided by an entity other than the eligible entity. (4) Conditions (A) Schedule of wages (i) In general An eligible entity receiving a grant under subsection (b)(1) shall provide a clearly defined schedule of wages to be paid to each employee any portion of the wages of whom will be paid using grant funds. (ii) Requirement A schedule of wages under clause (i) shall— (I) be consistent with skill gains that result from participation in or completion of the training described in subsection (b)(1); (II) ensure that the entry wage of each employee described in that clause is not less than the greater of— (aa) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) ); and (bb) the applicable wage required by— (AA) other applicable Federal or State law; or (BB) a collective bargaining agreement; and (III) ensure that the wages of existing employees of the eligible entity described in that clause progressively increase as a result of completion of the training. (B) Duration of training (i) In general For purposes of paragraph (3), the duration of the training referred to in each of subparagraphs (A) through (C) of that paragraph may not exceed a period of 180 days beginning on the date on which the employee begins the training. (ii) Different types of training The 180-day period described in clause (i) shall apply to each type of training received by an employee, such that a new 180-day period shall apply to training leading to a substantially different certification, as determined by the Secretary, than a prior training. (C) Union neutrality An eligible entity receiving a grant under subsection (b)(1) to pay any portion of the wages of 1 or more employees of the eligible entity shall remain neutral— (i) in any labor organization organizing effort; and (ii) with respect to the exercise of employees and labor organizations of the right to organize and bargain and engage in other protected concerted activity under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). (5) Grant amount An eligible entity may not receive more than $100,000 per fiscal year under subsection (b)(1). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2023 through 2027. 5. Clean energy education grant program (a) Definition of eligible entity In this section, the term eligible entity means— (1) a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) )); (2) a postsecondary vocational institution (as defined in section 102(c) of that Act ( 20 U.S.C. 1002(c) )); (3) a secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (4) a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and (5) an area career and technical education school (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )). (b) Grants The Secretary shall provide grants to eligible entities to establish clean energy education programs that, at a minimum, include 1 or more of the following: (1) A curriculum that prepares individuals for an occupation in the manufacturing of products or the provision of services described in section 4(a)(1)(B). (2) Scholarships or stipends for students enrolled in the clean energy education program. (c) Applications An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum— (1) a description of— (A) the training the eligible entity would provide using grant funds (including, in cases in which grant funds will be used to provide scholarships or stipends, the training that the eligible entity will provide to the recipient of the scholarship or stipend); (B) how that training fulfills the workforce needs of employers that manufacture products or provide services described in section 4(a)(1)(B); (C) how that training aligns with or contributes to the development of— (i) the guidance provided by the resources of the online resource center established under subsection (d) of section 3; and (ii) the guidelines developed under subsection (f) of that section; and (D) how the workforce needs that would be fulfilled by that training relate to an industry or occupation in the region in which the training is conducted; (2) a description of the criteria for selecting recipients of scholarships or stipends for students enrolled in the clean energy education program; (3) evidence of the experience of the eligible entity in conducting training programs in the clean energy technology sector; (4) information about— (A) the eligible entity; and (B) any relevant partnerships that the eligible entity has with the Federal Government, other worker training entities, employers or employer-sponsored organizations, State or local agencies, labor or joint labor-management organizations, institutions of higher education, community-based organizations, or faith-based organizations; (5) information about how the eligible entity will collect additional wage and employment data of graduates of the clean energy education program to evaluate the quality of the training and other programming provided by the program; and (6) any other information that the Secretary determines to be appropriate in order to determine whether an eligible entity will provide training and other programming of sufficient quality. (d) Requirements (1) In general In providing grants under this section, the Secretary shall— (A) specify a percentage of funding, at the discretion of the Secretary, to be used for innovative programs, as defined by the Secretary in accordance with paragraph (2); and (B) specify a percentage of funding, at the discretion of the Secretary, to be used to provide scholarships and stipends that adequately cover wraparound services for recipients of the scholarships and stipends, including— (i) necessary transportation costs with respect to attending the applicable curriculum; and (ii) child care costs relating to attending the applicable curriculum. (2) Innovative programs In carrying out paragraph (1)(A), the Secretary may define innovative programs as those programs with the potential to scale quickly, such as— (A) train-the-trainer programs; (B) online or hybrid education programs; and (C) programs that use broadly distributed institutions, such as community colleges. (e) Priority In providing grants under this section, the Secretary shall give priority to eligible entities that, in carrying out clean energy education programs under this section, give priority to underrepresented groups. (f) Conditions (1) Grant period The period of a grant provided under this section shall not exceed 3 years. (2) Grant amount The amount of a grant provided under this section shall not exceed $150,000. (3) Scholarships and stipends (A) Postsecondary institutions Scholarships and stipends administered by an eligible entity described in paragraph (1) or (2) of subsection (a) or, in the case of an eligible entity described in paragraph (5) of that subsection, an entity described in subparagraph (C) or (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) )— (i) may not exceed $12,000 per year per individual recipient; and (ii) may be provided for a period of not more than 2 years per recipient. (B) Secondary schools (i) Definition of secondary school In this subparagraph, the term secondary school means— (I) an eligible entity described in paragraph (3) or (4) of subsection (a); and (II) in the case of an eligible entity described in paragraph (5) of that subsection, an entity described in subparagraph (A) or (B) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). (ii) Prohibition A grant provided under this section may not be used to provide scholarships for, or stipends relating to, attendance at or enrollment in a secondary school or any clean energy education program carried out by a secondary school. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s4640is/xml/BILLS-117s4640is.xml |
117-s-4641 | II 117th CONGRESS 2d Session S. 4641 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Booker (for himself, Ms. Duckworth , Ms. Smith , Ms. Hirono , Mr. Blumenthal , Mrs. Gillibrand , Mr. Brown , Mr. Wyden , Mr. Heinrich , Mr. Markey , Ms. Warren , Mr. Schatz , Mr. Murphy , Ms. Klobuchar , Mrs. Feinstein , Mrs. Murray , Mr. Merkley , Mr. Cardin , Mr. Padilla , Mr. Sanders , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to authorize the use of funds for comprehensive reproductive health care services, and for other purposes.
1. Short title This Act may be cited as the Abortion is Health Care Everywhere Act of 2022 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) International agreements have recognized reproductive rights for more than 25 years, and the 2015 United Nations Sustainable Development Goals reiterated the centrality of reproductive rights to gender equality. (2) Studies have repeatedly demonstrated that when people, including young women and adolescent girls, gender nonconforming individuals, and transgender men, are able to control their reproductive lives, there are enormous social and economic benefits, not just for the individual and their family, but for entire communities. (3) Countries that prioritize reproductive health, rights, and justice and human rights are more likely to have better overall health throughout their countries. (4) Health system cost is reduced when abortion is widely available and integrated with other types of health care. (5) Without access to safe abortion care, people risk their lives to end their pregnancies. At least 24,100 people in low- and middle-income countries die every year from complications from unsafe abortions. (6) Ninety-seven percent of unsafe abortions occur in developing countries in Africa, Asia, and Latin America. In low- and middle-income countries, the annual cost of post-abortion care for all who need is estimated to be $4,000,000,000. The majority of this cost is attributed to treating complications from abortions provided in unsafe conditions. (7) Restricting abortion does not reduce either the need for or number of abortions. Abortion rates are similar in countries where it is highly restricted by law and where it is broadly legal. (8) When abortions are performed in accordance with World Health Organization guidelines and standards, there is minimal risk of severe complications or death. (9) United States law restricting United States foreign assistance funding from being used to provide safe abortion services has the effect of harming people who seek to terminate their pregnancies in several ways, including by blocking access to services and erecting barriers to providers obtaining the training and equipment needed to deliver care to those in need. (10) Since the enactment of section 104(f)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b(f)(1) ) (commonly referred to as the Helms amendment ) in 1973, dozens of governments across the globe have liberalized abortion laws and policies. (11) In countries where the United States supports family planning and reproductive health care and in which abortion is legal on, at least some grounds, support for safe abortion could avert more than 19,000,000 unsafe abortions and 17,000 maternal deaths each year. (b) Sense of Congress It is the sense of Congress that— (1) abortion is a critical component of sexual and reproductive health care and should be accessible and affordable for all people; (2) all people have the right to make their own choices about their sexual and reproductive health, and to access quality and affordable sexual and reproductive health care; and (3) as part of their commitment to prevent unsafe abortions and preventable deaths and to ensure that all people have access to comprehensive sexual and reproductive health care and can exercise their right to full control over their sexuality and reproduction, developing countries and donor governments must work collaboratively to deploy funding, align policies, and mobilize expertise to make safe abortion services available to those seeking to terminate pregnancies. 3. Statement of policy It is the policy of the United States Government— (1) to recognize safe abortion as a critical component of comprehensive maternal and reproductive health care and include safe abortion services as part of foreign assistance programs funded by the United States Government; (2) to make safe abortion widely available and integrated with other types of health care; and (3) to work to end unsafe abortion and to promote safe abortion services by providing funding and collaborating with affected governments and service providers to provide training, commodities and equipment, and access to safe abortion services. 4. Use of funds for comprehensive reproductive health care services Section 104 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151b ) is amended— (1) in subsection (f)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (2) by redesignating subsection (g) as subsection (h); and (3) by inserting after subsection (f), as amended, the following: (g) Use of funds for comprehensive reproductive health care services Notwithstanding any other provision of law, funds made available to carry out this part may be used to provide comprehensive reproductive health care services, including abortion services, training, and equipment. . | https://www.govinfo.gov/content/pkg/BILLS-117s4641is/xml/BILLS-117s4641is.xml |
117-s-4642 | II 117th CONGRESS 2d Session S. 4642 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Tillis (for himself, Mr. Hagerty , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require a comprehensive southern border strategy, and for other purposes.
1. Short title This Act may be cited as the Comprehensive Southern Border Strategy Act . 2. Comprehensive southern border strategy (a) Comprehensive strategy (1) Requirement Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive southern border strategy. (2) Contents The strategy submitted under paragraph (1) shall include— (A) a comprehensive overview of the current security risks present along the southern border, including relating to deficiencies along the physical border, aerial and maritime vulnerabilities, and the presence of illegal tunneling; (B) a substantive review of the Department of Homeland Security’s technology, tools, or other devices used to combat the trafficking of drugs across the southern border, with an emphasis on fentanyl and related substances; (C) a thorough outline of the Department’s technology, tools, or other devices used to combat human trafficking across the southern border by international criminal organizations; (D) a list of known physical barriers, technologies, tools, and other devices that can be used to achieve and maintain situational awareness and operational control along the southern border; (E) a projected per mile cost estimate for each physical barrier, technology, tool, and other device included on the list required under subparagraph (B); (F) a detailed account of which type of physical barrier, technology, tool, or other device the Department of Homeland Security believes is necessary to achieve and maintain situational awareness and operational control for each linear mile of the southern border; (G) an explanation for why such physical barrier, technology, tool, or other device was chosen to achieve and maintain situational awareness and operational control for each linear mile of the southern border, including— (i) the methodology used to determine which type of physical barrier, technology, tool, or other device was chosen for such linear mile; (ii) an examination of existing manmade and natural barriers for each linear mile of the southern border; and (iii) the information collected and evaluated from— (I) the appropriate U.S. Customs and Border Protection Sector Chief; (II) the Joint Task Force Commander; (III) the appropriate State Governor; (IV) local law enforcement officials; (V) private property owners; and (VI) other affected stakeholders; (H) a per mile cost calculation for each linear mile of the southern border given the type of physical barrier, technology, tool, or other device chosen to achieve and maintain operational control for each linear mile; and (I) a cost justification for each time a more expensive physical barrier, technology, tool, or other device is chosen over a less expensive option, as established by the per mile cost estimates required in subparagraph (B). (b) Definitions In this section: (1) Operational control The term operational control has the meaning given such term in section 2(b) of the Secure Fence Act of 2006 ( 8 U.S.C. 1701 note; Public Law 109–367 ). (2) Situational awareness The term situational awareness has the meaning given the term in section 1092(a)(7) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4642is/xml/BILLS-117s4642is.xml |
117-s-4643 | II 117th CONGRESS 2d Session S. 4643 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Tillis (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To conduct a study of the collection of biometric information by State law enforcement agencies, to establish a grant program to assist State, tribal, and local law enforcement agencies to implement best practices, and for other purposes.
1. Short title This Act may be cited as the Biometric Collection Improvement Act . 2. State practices for collecting biometric information (a) Study The Director of the Bureau of Justice Statistics, in consultation with the Director of the Federal Bureau of Investigation, shall conduct a study to determine how State law enforcement agencies collect biometric information in the administration of the criminal justice system. (b) Report After completing the study required under subsection (a), the Director of the Bureau of Justice Statistics shall submit a report containing the results of such study to— (1) the Committee on the Judiciary of the Senate ; (2) the Committee on the Judiciary of the House of Representatives ; and (3) the Attorney General. (c) Recommendations The Attorney General, in consultation with the Director of the Bureau of Justice Statistics and the Director of the Federal Bureau of Investigation, shall provide recommendations to the chief law enforcement officer in each State that contain best practices for improving the collection of biometric information in the administration of the criminal justice system, including any legislative reform needed to implement such improvements. (d) Funding The study, report, and recommendations required under this section shall be carried out with existing funding. 3. Biometric grant program (a) Establishment The Assistant Attorney General of the Office of Justice Programs, working through the appropriate administrative agency in each State, shall award competitive grants to State, tribal, and local law enforcement agencies to assist such agencies to implement the best practices referred to in section 2(c). (b) Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of the fiscal year 2023 through 2027 for grants authorized under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s4643is/xml/BILLS-117s4643is.xml |
117-s-4644 | II 117th CONGRESS 2d Session S. 4644 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Tillis (for himself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reestablish the Victims of Immigrant Crime Engagement Office to provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims.
1. Short title This Act may be cited as the Voice for Victims Act . 2. Victims of Immigrant Crime Engagement Office (a) Reestablishment The Secretary of Homeland Security shall direct the Director of U.S. Immigration and Customs Enforcement to take all appropriate and lawful action to reestablish, within U.S. Immigration and Customs Enforcement, the Victims of Immigrant Crime Engagement Office (referred to in this Act as the VOICE Office , which shall provide proactive, timely, adequate, and professional services to victims of crimes committed by removable aliens and the family members of such victims. (b) Quarterly reports The VOICE Office shall submit quarterly reports to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that examine the effects of the victimization of United States nationals by criminal aliens who are present in the United States. (c) Expansion of functions of Citizenship and Immigration Services Ombudsman To include assistance for victims of crimes committed by aliens or border violence Section 452(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 272(b) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) by inserting after paragraph (1) the following: (2) to work with the Victims of Immigrant Crime Engagement Office to assist individuals and families who have been the victims of crimes committed by aliens or violence near the United States border; ; and (3) in paragraph (4), as redesignated, by striking (2) and inserting (3) . | https://www.govinfo.gov/content/pkg/BILLS-117s4644is/xml/BILLS-117s4644is.xml |
117-s-4645 | II 117th CONGRESS 2d Session S. 4645 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Peters (for himself and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To restrict the flow of illicit drugs into the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Enhancing DHS Drug Seizures Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Drug testing and detection tools. Sec. 3. Coordination and information sharing. Sec. 4. Danger pay for Department of Homeland Security personnel deployed abroad. Sec. 5. Improving training to foreign-vetted law enforcement or national security units. Sec. 6. Enhancing the operations of U.S. Customs and Border Protection in foreign countries. Sec. 7. Drug seizure data improvement. Sec. 8. Drug performance measures. Sec. 9. Penalties for hindering immigration, border, and customs controls. Sec. 10. Modification of Homeland Security Investigations' authority for aircraft seizure and forfeiture. 2. Drug testing and detection tools The Secretary of Homeland Security shall enhance the research and development needs and activities of the Department of Homeland Security related to fentanyl and other illicit drugs in accordance with section 309(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 189(a) ) through coordination and communication with the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )) or other appropriate scientific research and development entities. 3. Coordination and information sharing (a) Public-Private partnerships (1) Strategy Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping, chemical, and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals. (2) Contents The strategy required under paragraph (1) shall contain goals and objectives for employees of the Department of Homeland Security to ensure the tactics, techniques, and procedures gained from the public-private partnerships described in paragraph (1) are included in policies, best practices, and training for the Department. (3) Implementation plan Not later than 180 days after developing the strategy required under paragraph (1), the Secretary of Homeland Security shall develop an implementation plan for the strategy, which shall outline departmental lead and support roles, responsibilities, programs, and timelines for accomplishing the goals and objectives of the strategy. (4) Briefing The Secretary of Homeland Security shall provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in addressing the implementation plan developed pursuant to paragraph (3). (b) Assessment of drug task forces (1) In general The Secretary of Homeland Security shall conduct an assessment of the counterdrug task forces in which the Department of Homeland Security, including components of the Department, participates in or leads, which shall include— (A) areas of potential overlap; (B) opportunities for sharing information and best practices; (C) how the Department’s processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices; and (D) corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the Department. (2) Report Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that contains a summary of the results of the assessment conducted pursuant to paragraph (1). (3) Corrective action plan The Secretary of Homeland Security shall— (A) implement the corrective action plans described in paragraph (1)(D) immediately after the submission of the report pursuant to paragraph (2); and (B) provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made in implementing the corrective action plans. (c) Combination of briefings The Secretary of Homeland Security may combine the briefings required under subsections (a)(4) and (b)(3). 4. Danger pay for Department of Homeland Security personnel deployed abroad Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( Public Law 101–246 ; 5 U.S.C. 5928 note) is amended by inserting the Department of Homeland Security, after Investigation, . 5. Improving training to foreign-vetted law enforcement or national security units The Secretary of Homeland Security, or the designee of the Secretary, may waive reimbursement for salary expenses of Department of Homeland Security for personnel providing training to foreign-vetted law enforcement or national security units in accordance with an agreement with the Department of Defense pursuant to section 1535 of title 31, United States Code. 6. Enhancing the operations of U.S. Customs and Border Protection in foreign countries (a) Operations in foreign countries and support to foreign authorities (1) In general The Tariff Act of 1930 ( 19 U.S.C. 1304 et seq. ) is amended by inserting after section 629 the following: 629A. Operations in foreign countries and support to foreign authorities (a) In general Notwithstanding any other provision of law, employees of U.S. Customs and Border Protection and other customs officers designated in accordance with section 401(i) may provide the support described in subsection (b) to authorities of the government of a foreign county, including by conducting joint operations with appropriate law enforcement officials within the territory of that country, if an arrangement has been entered into between the Government of the United States and the government of that country under which the provision of such support by U.S. Customs and Border Protection is permitted. (b) Support described Support described in this subsection is air and marine support for— (1) the detection, deterrence, interdiction, and disruption of— (A) the transit of illegal drugs into the United States; (B) the illicit traffic of persons and goods into the United States; (C) terrorist threats to the United States; and (D) other threats to the security or economy of the United States; (2) emergency humanitarian efforts; and (3) law enforcement capacity-building efforts. . (2) Conforming amendment Section 411(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(f) ) is amended— (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following: (4) Permissible activities Air and Marine Operations may provide support to authorities of the government of a foreign county, including by conducting aviation and marine operations, in conjunction with appropriate government officials from the United States and such foreign country in accordance with section 629A of the Tariff Act of 1930. . (b) Claims against U.S. Customs and Border Protection for actions in foreign countries The Tariff Act of 1930 ( 19 U.S.C. 1304 et seq. ) is further amended by inserting after section 629A, as added by subsection (a)(1), the following: 629B. Payment of claims against U.S. Customs and Border Protection for actions in foreign countries (a) Definitions In this section: (1) Covered claim The term covered claim means a claim against the United States— (A) for— (i) damage to, or loss of, real property of a foreign country or a political subdivision or resident of a foreign country, including damage or loss incident to use and occupancy of such real property; (ii) damage to, or loss of, personal property of a foreign country or a political subdivision or resident of a foreign country, including property bailed to the United States; or (iii) personal injury to, or death of, a resident of a foreign country; and (B) if the damage, loss, personal injury, or death— (i) that occurred in a foreign country; and (ii) was caused by, or was otherwise incident to the activities of, U.S. Customs and Border Protection. (2) Foreign country The term foreign country includes any place under the jurisdiction of the United States in a foreign country. (b) In general The Secretary of Homeland Security may settle and pay a covered claim in an amount that does not exceed $100,000 from amounts appropriated for the operating expenses of U.S. Customs and Border Protection. (c) Appointment of approval authorities The Secretary of Homeland Security, or an employee of the Department of Homeland Security who has been designated by the Secretary, may appoint, under such regulations as the Secretary may prescribe— (1) a claims commission, composed of one or more employees of the Department of Homeland Security, to settle and pay covered claims that do not exceed $100,000; and (2) an employee of the Department to act as an approval authority for settlement and payment of covered claims that do not exceed $10,000. (d) Payment of claims exceeding $100,000 (1) In general If the Secretary of Homeland Security determines that a covered claim that exceeds $100,000 is meritorious, the Secretary may— (A) pay the claimant $100,000; and (B) report to the Secretary of the Treasury, for payment under section 1304 of title 31, United States Code, the amount of the claim that— (i) exceeds $100,000; and (ii) the Secretary of Homeland Security determines is meritorious. (2) Annual report The Secretary shall submit an annual report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that lists the claims during the reporting period that exceeded $100,000, including the amount of the claim paid and a description of the nature of the claim. The report shall be submitted in an unclassified form, but may include a classified annex. (e) Limitations (1) Claims considered The claim of an insured may be considered under this section, but the claim of a subrogee may not be considered under this section. (2) Time limitation on filing of claims A covered claim may not be filed after the date that is 2 years after the occurrence of the damage, loss, personal injury, or death that is the subject of the claim. (3) Full satisfaction required Except as provided in subsection (d), the Secretary of Homeland Security may not settle or pay a covered claim unless the amount of the payment is accepted by the claimant as full satisfaction for the claim. . 7. Drug seizure data improvement (a) Study Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to identify any opportunities for improving drug seizure data collection. (b) Elements The study required under subsection (a) shall— (1) include a survey of the entities that use drug seizure data; and (2) address— (A) any additional data fields or drug type categories that should be added to U.S. Customs and Border Protection’s SEACATS, U.S. Border Patrol's e3 portal, and any other systems deemed appropriate by the Commissioner of U.S. Customs and Border Protection, in accordance with the first recommendation in the Government Accountability Office's report GAO–22–104725, entitled Border Security: CBP Could Improve How It Categorizes Drug Seizure Data and Evaluates Training ; (B) how all the Department of Homeland Security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting; (C) how the Department of Homeland Security can better identify, collect, and analyze additional data on precursor chemicals, synthetic drugs, novel psychoactive substances, and analogues that have been seized by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (D) how the Department of Homeland Security can improve its model of anticipated drug flow into the United States. (c) Implementation of findings Following the completion of the study required under subsection (a)— (1) the Secretary of Homeland Security, in accordance with the Office of National Drug Control Policy’s 2022 National Drug Control Strategy, shall modify Department of Homeland Security drug seizure policies and training programs, as appropriate, consistent with the findings of such study; and (2) the Commissioner of U.S. Customs and Border Protection, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results. 8. Drug performance measures Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and implement a Department of Homeland Security plan— (1) to ensure that components of the Department develop and maintain outcome-based performance measures that adequately assess the success of drug interdiction; and (2) for how to utilize the existing drug-related metrics and performance measures to achieve the missions, goals, and targets of the Department, and if additional metrics and measures are needed. 9. Penalties for hindering immigration, border, and customs controls (a) Personnel and structures Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Destroying or evading border controls (a) Illicit spotting (1) In general It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls (1) In general It shall be unlawful to knowingly and without lawful authorization— (A) (i) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (ii) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (B) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (i) secure a financial gain; (ii) further the objectives of a criminal organization; and (iii) violate— (I) section 274(a)(1)(A)(i); (II) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (III) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (IV) any Federal law relating to border controls measures of the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Destroying or evading border controls. . 10. Modification of Homeland Security Investigations' authority for aircraft seizure and forfeiture Section 46306(d)(1) of title 49, United States Code, is amended by striking or the Commissioner of U.S. Customs and Border Protection and inserting , the Commissioner of U.S. Customs and Border Protection, or the Director of U.S. Immigration and Customs Enforcement. . | https://www.govinfo.gov/content/pkg/BILLS-117s4645is/xml/BILLS-117s4645is.xml |
117-s-4646 | II 117th CONGRESS 2d Session S. 4646 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Brown (for himself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to shorten the timeframe for claims by beneficiaries and the payment of benefits under Department of Veterans Affairs life insurance programs, to improve the management of undisbursed life insurance benefits by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Faster Payments to Veterans’ Survivors Act of 2022 . 2. Timeframe for claims by beneficiaries and payment of benefits under Department of Veterans Affairs life insurance programs (a) National Service Life Insurance Section 1917(f)(1) of title 38, United States Code, is amended— (1) in subparagraph (A), by striking two years and inserting one year ; and (2) in subparagraph (B), by striking four and inserting two . (b) United States Government life insurance Section 1952(c)(1) of such title is amended— (1) in subparagraph (A), by striking two years and inserting one year ; and (2) in subparagraph (B), by striking four and inserting two . (c) Effective date The amendments made by this section shall apply with respect to the death of an insured person occurring on or after the date that is two years before the date of the enactment of this Act. 3. Process for designation of beneficiaries under Department of Veterans Affairs life insurance programs (a) National Service Life Insurance Section 1917 of title 38, United States Code, is amended by striking subsection (a) and inserting the following: (a) (1) The insured may designate a beneficiary or beneficiaries of insurance maturing on or after August 1, 1946. The insured shall, subject to regulations, at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries. (2) If the insured does not designate a beneficiary under paragraph (1) before the insured dies, or if a designated beneficiary predeceases the insured, the Secretary shall determine the beneficiary in the following order: (A) The surviving spouse of the insured. (B) The children of the insured and descendants of deceased children by representation. (C) The parents of the insured or the survivors of the parents. (D) The duly appointed executor or administrator of the estate of the insured. (E) Other next of kin of the insured entitled under the laws of domicile of the insured at the time of the death of the insured. . (b) United States Government Life Insurance (1) Change of beneficiary Section 1949 of such title is amended by striking Subject to regulations and all that follows through the period and inserting the following: The insured may designate a beneficiary or beneficiaries of a United States Government life insurance policy. Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of a United States Government life insurance policy without the consent of such beneficiary or beneficiaries. . (2) Payment to estates Section 1950 of such title is amended to read as follows: 1950. Payment to estates If the insured does not designate a beneficiary under section 1949 of this title before the insured dies, or if a designated beneficiary predeceases the insured, the Secretary shall determine the beneficiary in the following order: (1) The surviving spouse of the insured. (2) The children of the insured and descendants of deceased children by representation. (3) The parents of the insured or the survivors of the parents. (4) The duly appointed executor or administrator of the estate of the insured. (5) Other next of kin of the insured entitled under the laws of domicile of the insured at the time of the death of the insured. . (c) Effective date The amendments made by this section shall apply with respect to the death of an insured person occurring on or after the date that is two years before the date of the enactment of this Act. 4. Department of Veterans Affairs improvement of management of undisbursed life insurance benefits (a) Improvement of processes The Secretary of Veterans Affairs shall improve the processes and procedures of the Department of Veterans Affairs with respect to identifying, locating, and disbursing undisbursed life insurance benefits to hard-to-find beneficiaries of life insurance policies issued under chapter 19 of title 38, United States Code, including by— (1) improving the search tools available on the website of the Department; (2) conducting outreach to veterans, veterans service organizations, and the general public with respect to such search tools; (3) improving the processes for searching for information relating to potential recipients of undisbursed life insurance benefits through internal Department sources and sources available through other Federal agencies, State government agencies, and non-government entities; and (4) ensuring the Department has sufficient dedicated staff whose primary responsibilities are identifying, locating, and disbursing undisbursed life insurance benefits to hard-to-find beneficiaries, with the goal of disbursing, by not later than two years after the date of the enactment of this Act, all funds that, as of the date of the enactment of this Act, are owed to a beneficiary of a life insurance policy issued under chapter 19 of title 38, United States Code. (b) Sense of Congress It is the sense of Congress that the Secretary of Veterans Affairs should work with interagency partners to determine the types of records, reports, and other materials that may be required to identify, locate, and disburse undisbursed life insurance benefits to hard-to-find beneficiaries. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the progress of the Secretary in carrying out this section. (d) Undisbursed life insurance benefits defined In this section, the term undisbursed life insurance benefits — (1) means any amount of money that— (A) is owed to a beneficiary of a life insurance policy issued under chapter 19 of title 38, United States Code; and (B) has not been disbursed for a period of two years or longer; and (2) does not include any amount of money— (A) that has not been disbursed due to a contested claim; or (B) the entitled beneficiary of which is in dispute by two or more parties. | https://www.govinfo.gov/content/pkg/BILLS-117s4646is/xml/BILLS-117s4646is.xml |
117-s-4647 | II 117th CONGRESS 2d Session S. 4647 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Rounds (for himself, Mr. Braun , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Infrastructure Investment and Jobs Act to repeal a provision relating to an advanced impaired driving technology motor vehicle safety standard, and for other purposes.
1. Short title This Act may be cited as the Safeguarding Privacy in Your Car Act of 2022 . 2. Advanced impaired driving technology motor vehicle safety standard repeal (a) Repeal Section 24220 of the Infrastructure Investment and Jobs Act ( 49 U.S.C. 30111 note; Public Law 117–58 ) is repealed. (b) Clerical amendment The table of contents contained in section 1(b) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 429) is amended by striking the item relating to section 24220. | https://www.govinfo.gov/content/pkg/BILLS-117s4647is/xml/BILLS-117s4647is.xml |
117-s-4648 | II 117th CONGRESS 2d Session S. 4648 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Ossoff (for himself, Mr. Young , Mrs. Blackburn , Mr. Schatz , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the establishment of United States embassies in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga, and for other purposes.
1. Short title This Act may be cited as the Pacific Islands Embassies Act . 2. Findings Congress makes the following findings: (1) The Pacific Islands are vital to United States national security and national interests in the Indo-Pacific region and globally. (2) The Pacific Islands region spans 15 percent of the world’s surface area and controls access to open waters in the Central Pacific, sea lanes to the Western Hemisphere, supply lines to United States forward-deployed forces in East Asia, and economically important fisheries. (3) The Pacific Islands region is home to the State of Hawaii, 11 United States territories, United States Naval Base Guam, and United States Andersen Air Force Base. (4) Pacific Island countries cooperate with the United States and United States partners on maritime security and efforts to stop illegal, unreported, and destructive fishing. (5) The Pacific Islands are rich in biodiversity and on the frontlines of sea level rise, worsening tropical storms, and coral reef loss associated with climate change. (6) The People’s Republic of China (PRC) seeks to increase its influence in the Pacific Islands region, including through infrastructure development under the PRC’s Belt and Road Initiative and its new security agreement with the Solomon Islands. (7) The United States Embassy in Papua New Guinea manages the diplomatic affairs of the United States to the Republic of Vanuatu, and the United States Embassy in Fiji manages the diplomatic affairs of the United States to the Republic of Kiribati and the Kingdom of Tonga. (8) The United States requires a physical diplomatic presence in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga, to ensure the physical and operation security of our efforts in those countries to deepen relations, protect United States national security, and pursue United States national interests. (9) Increasing the number of United States embassies dedicated solely to a Pacific Island country demonstrates the United States ongoing commitment to the region and to the Pacific Island countries. 3. Establishment of embassies (a) Establishment of United States embassies in Vanuatu, Kiribati, and Tonga As soon as possible, and not later than 2 years after the date of the enactment of this Act, the Secretary of State shall establish physical United States embassies in the Republic of Vanuatu, the Republic of Kiribati, and the Kingdom of Tonga and recommend to the President ambassadors to lead each of these 3 embassies. (b) Other strategies In establishing embassies pursuant to subsection (a) and creating the physical infrastructure to ensure the physical and operational safety of embassy personnel, the Secretary of State may pursue strategies such as renting or purchasing an existing building or colocation of embassies with like-minded partners like Australia and New Zealand. (c) Waiver authority The President may waive the requirements under subsection (a) for a period of one year if the President determines and reports to Congress in advance that such waiver is necessary to protect the national security interests of the United States. 4. Authorization of appropriations There is authorized to be appropriated for the Department of State— (1) $40,200,000 for fiscal year 2023 for embassy construction and maintenance of the 3 embassies to be established pursuant to section 3; and (2) $3,000,000 for fiscal year 2024 to maintain the embassies. 5. Report (a) Progress report Not later than 180 days following the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes— (1) a description of the status of activities carried out to achieve the objectives described in this Act; (2) an estimate of when embassies will be fully established pursuant to section 3(a); and (3) an update on events in the Pacific Islands region relevant to the establishment of United States embassies, including activities by the People’s Republic of China. (b) Report on final disposition Not later than 2 years after the date of the enactment of this Act, the Secretary of State shall submit a report confirming the establishment of the 3 embassies required under section 3(a). (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s4648is/xml/BILLS-117s4648is.xml |
117-s-4649 | II 117th CONGRESS 2d Session S. 4649 IN THE SENATE OF THE UNITED STATES July 27, 2022 Mr. Casey (for himself, Mr. Risch , Mr. Boozman , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Global Food Security Act of 2016 to improve the comprehensive strategic approach for United States foreign assistance to developing countries to reduce global poverty and hunger, achieve food and nutrition security, promote inclusive, sustainable, agricultural-led economic growth, improve nutritional outcomes, especially for women and children, build resilience among vulnerable populations, and for other purposes.
1. Short title This Act may be cited as the Global Food Security Reauthorization Act of 2022 . 2. Findings Section 2 of the Global Food Security Act of 2016 ( 22 U.S.C. 9301 ) is amended to read as follows: 2. Findings Congress makes the following findings: (1) According to the World Food Programme of the United Nations, nearly 193,000,000 people faced acute food insecurity and required urgent assistance in 2021, compared to 108,000,000 people who were in such a situation in 2016. (2) According to Food and Agricultural Organization’s Food Price Index, the cost of food in 2022 has risen to the highest levels on record, representing a 57 percent increase compared to the cost of food 2016. According to the World Bank, every 1 percent increase in food prices pushes 10,000,000 more people into extreme poverty worldwide. (3) According to the February 2022 Worldwide Threat Assessment of the U.S. Intelligence Community , The economic fallout from COVID–19, combined with conflict and weather extremes, has driven hunger worldwide to its highest point in more than a decade, which increases the risk of instability. . (4) On March 10, 2022, the Office of the Director of National Intelligence declared that as a consequence [of the war in Ukraine], we perceive that there is an increasing [food insecurity] challenge… particularly with developing countries. . (5) Realizing that increased food production addresses one aspect, but not all aspects, of food and nutrition security, a comprehensive, multisectoral approach to sustainable food and nutrition security must consider agriculture and food systems in their totality. (6) Such an approach to sustainable food and nutrition security should not only respond to emergency food shortages, but should also address— (A) chronic malnutrition, including stunting and wasting; (B) resilience to food and nutrition insecurity; (C) strengthening the capacity of poor, rural populations to improve their agricultural productivity and incomes; (D) removing institutional impediments to agricultural development; (E) value chain access and efficiency, including processing and storage; (F) enhancing agribusiness development; (G) access to markets and activities that address the specific needs and barriers facing women, youth, and small-scale producers; (H) climate adaptation; (I) education; and (J) collaborative research and innovation. . 3. Statement of policy objectives; sense of Congress Section 3(a) of the Global Food Security Act of 2016 ( 22 U.S.C. 9302(a) ) is amended— (1) in paragraph (1), by striking and economic freedom through the coordination and inserting , economic freedom, and security through the phasing, sequencing, and coordination ; (2) by striking paragraphs (3) and (4) and inserting the following: (3) increase the productivity, incomes, and livelihoods of small-scale producers and artisanal fishing communities, especially women, by working across agriculture and food systems, enhancing local capacity to manage agricultural resources and food systems effectively, and expanding producer access to, and participation in, local, regional, and international markets; (4) build resilience to agriculture and food systems shocks and stresses, including global food catastrophes in which conventional methods of agriculture are unable to provide sufficient food and nutrition to sustain the global population, among vulnerable populations and households through inclusive growth, while reducing reliance upon emergency food and economic assistance; ; (3) in paragraph (5) by inserting , local savings groups, and investment in agricultural research after property rights ; (4) by amending paragraph (6) to read as follows: (6) improve the nutritional status of women, adolescent girls, and children, with a focus on reducing child stunting and incidence of wasting, including through the promotion of highly nutritious foods, diet diversification, large-scale food fortification, and nutritional behaviors that improve maternal and child health; ; and (5) in paragraph (7), by inserting fragility, resilience, after national security, . 4. Definitions Section 4 of the Global Food Security Act of 2016 ( 22 U.S.C. 9303 ) is amended— (1) in paragraph (2), by inserting , including in response to shocks and stresses to food security before the period at the end; (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) Food system The term food system means the intact or whole unit made up of interrelated components of people, behaviors, relationships, and material goods that interact in the production, processing, packaging, transporting, trade, marketing, consumption, and use of food, feed, and fiber through aquaculture, farming, wild fisheries, forestry, and pastoralism that operates within and is influenced by social, political, economic, and environmental contexts. ; (4) in paragraph (6)(H), as redesignated— (A) by inserting local before agricultural ; and (B) by inserting youth, after small-scale producers, ; (5) in paragraph (8), as redesignated, by inserting the Inter-American Foundation, after Geological Survey, ; (6) in paragraph (9), as redesignated— (A) by inserting agriculture and food before systems ; and (B) by inserting , including global food catastrophes, after food security ; (7) in paragraph (10), as redesignated, by striking fishers and inserting artisanal fishing communities ; (8) in paragraph (13), as redesignated, by striking agriculture and nutrition security and inserting food and nutrition security and agriculture-led economic growth ; and (9) by inserting after paragraph (13), as redesignated, the following: (14) Wasting The term wasting means— (A) a life-threatening condition attributable to poor nutrient intake or disease that is characterized by a rapid deterioration in nutritional status over a short period of time; and (B) in the case of children, is characterized by low weight-for-height and weakened immunity, increasing their risk of death due to greater frequency and severity of common infection, particularly when severe. . 5. Comprehensive global food security strategy (a) Strategy Section 5(a) of the Global Food Security Act of 2016 ( 22 U.S.C. 9304(a) ) is amended— (1) in paragraph (4), by striking country-owned agriculture, nutrition, and food security policy and inserting partner country-led agriculture, nutrition, regulatory, food security, and water resources management policy ; and (2) by amending paragraph (5) to read as follows: (5) support the locally led and inclusive development of agriculture and food systems, with small-scale producers, especially women, gaining greater access to the inputs, skills, resource management capacity, networking, bargaining power, financing, market linkages, technology, and information needed to sustainably increase productivity and incomes to reduce extreme poverty and malnutrition, and promote long-term economic prosperity; ; (3) in paragraph (6)— (A) by inserting , adolescent girls, after women ; and (B) by inserting and preventing incidence of wasting after reducing child stunting ; (4) in paragraph (7), by inserting poor water resource management and after including ; (5) in paragraph (8)— (A) by striking the long term success of programs and inserting long-term impact ; and (B) by inserting , including agricultural research capacity, after institutions ; (6) in paragraph (9)— (A) by striking and nutrition strategies and inserting , nutrition strategies, and effective natural resource management approaches ; and (B) by inserting adapt, before build safety nets ; (7) by redesignating paragraphs (12) through (17) as paragraphs (13) through (18), respectively; (8) by striking paragraphs (10) and (11) and inserting the following: (10) develop community and producer resilience to disasters and emergencies, including droughts, flooding, pests, and diseases, that adversely impact agricultural yield and livelihoods; (11) utilize evidenced-based best practices, including scientific and forecasting data, and improved planning and coordination by, with, and among key partners and relevant Federal departments and agencies to identify, analyze, measure, and mitigate risks, and strengthen resilience capacities; (12) harness science, technology, and innovation, including the research and extension activities supported by the private sector, relevant Federal departments and agencies, Feed the Future Innovation Labs or any successor entities, and international and local researchers and innovators, recognizing that significant investments in research and technological advances will be necessary to reduce global poverty, hunger, and malnutrition; ; (9) in paragraph (14), as redesignated, by inserting nongovernmental organizations, including after civil society, (10) in paragraph (17), as redesignated, by striking and at the end; (11) in paragraph (18), as redesignated, by striking the period at the end and inserting ; and ; and (12) by adding at the end the following: (19) be periodically updated in a manner that reflects learning and best practices. . (b) Periodic updates Section 5 of the Global Food Security Act of 2016 ( 22 U.S.C. 9304 ), as amended by subsection (a), is further amended by adding at the end the following: (d) Periodic updates Not less frequently than quinquennially through fiscal year 2031, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees updates to the Global Food Security Strategy required under subsection (a) and the agency-specific plans described in subsection (c)(2). . 6. Authorization of appropriations to implement the Global Food Security Strategy Section 6(b) of the Global Food Security Act of 2016 ( 22 U.S.C. 9305(b) ) is amended by— (1) striking $1,000,600,000 for each of fiscal years 2017 through 2023 and inserting $1,230,000,000 for each of the fiscal years 2024 through 2028 ; and (2) by inserting , which should be prioritized for programs and activities in target countries before the period at the end. 7. Emergency Food Security Program (a) Sense of Congress Section 7(a) of the Global Food Security Act of 2016 ( 22 U.S.C. 9306(a) ) is amended to read as follows: (a) Sense of Congress It is the sense of Congress that— (1) after more than a decade of conflict in Syria and the onset of other major humanitarian emergencies where the provision of certain United States humanitarian assistance has been particularly challenging, including the 2021 crisis in Northern Ethiopia, the 2021 super-typhoon in the Philippines, the 2021 earthquake in Haiti, the 2018 Ebola outbreak in the Democratic Republic of Congo, the ongoing humanitarian disasters in Yemen and South Sudan, and primary and secondary threats from the global COVID–19 pandemic, United States international disaster assistance has become severely stressed; (2) Russia’s unjustifiable invasion of Ukraine has exacerbated existing food insecurity crises around the world, most notably in Ethiopia, South Sudan, Yemen, Afghanistan, and Somalia, where more than 750,000 people are at risk for famine, starvation, and death; (3) the Russian invasion follows growing global rates of conflict, the COVID–19 pandemic, and increasingly severe climate shocks; and (4) the United Stated must continue to enable people who are in crisis to lift themselves out of hunger and poverty. . (b) Authorization of appropriations Section 492(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292a(a) ) is amended by striking $2,794,184,000 for each of fiscal years 2017 through 2023, of which up to $1,257,382,000 and inserting $3,905,460,000 for each of the fiscal years 2024 through 2028, of which up to $1,757,457,000 . 8. Reports Section 8(a) of the Global Food Security Act of 2016 ( 22 U.S.C. 9307(a) ) is amended— (1) in the matter preceding paragraph (1)— (A) by striking During each of the first 7 years after the date of the submission of the strategy required under section 5(c) and inserting For each of the fiscal years 2024 through 2028 ; (B) by striking reports that describe and inserting a report that describes ; and (C) by striking at the end of the reporting period and inserting during the preceding year ; (2) in paragraph (2), by inserting , including any changes to the target countries selected pursuant to the selection criteria described in section 5(a)(2) and justifications for any such changes before the semicolon at the end; (3) in paragraph (3), by inserting identify and before describe ; (4) by redesignating paragraphs (12) through (14) as paragraphs (15) through (17), respectively; (5) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively; (6) by striking paragraph (4) and inserting the following: (4) identify and describe the priority quantitative metrics used to establish baselines and performance targets at the initiative, account, country, and zone of influence levels; (5) identify such established baselines and performance targets at the account, country, and zone of influence levels; (6) identify the output and outcome benchmarks and indicators used to measure results annually, and report the annual measurement of results for each of the priority metrics identified pursuant to paragraph (4), broken down by age, gender, and disability, to the extent practicable and appropriate, in an open and transparent manner that is accessible to the American people; ; (7) in paragraph (7), as redesignated, by striking agriculture and inserting food ; (8) in paragraph (8), as redesignated— (A) by inserting quantitative and qualitative after how ; and (B) by inserting at the initiative, account, country, and zone of influence levels, including longitudinal data and key uncertainties before the semicolon at the end; (9) in paragraph (9), as redesignated, by inserting within target countries, amounts and justification for any spending outside of target countries after amounts spent ; (10) in paragraph (13), as redesignated— (A) by striking and the impact of private sector investment and inserting and efforts to encourage financial donor burden sharing and the impact of such investment and efforts ; (11) by inserting after paragraph (13), as redesignated, the following: (14) describe how agriculture research is prioritized within the Global Food Security Strategy to support sustainable, agriculture-led growth and eventual self-sufficiency and assess efforts to coordinate research programs within the Global Food Security Strategy with key stakeholders; ; (12) in paragraph (16), as redesignated, by striking and at the end; (13) in paragraph (17), as redesignated— (A) by inserting , including key missteps, after lessons learned ; and (B) by striking the period at the end and inserting ; and ; and (14) by adding at the end the following: (18) during the final year of each strategy required under section 5, complete country graduation reports to determine whether a country should remain a target country based on quantitative and qualitative analysis. . | https://www.govinfo.gov/content/pkg/BILLS-117s4649is/xml/BILLS-117s4649is.xml |
117-s-4650 | II 117th CONGRESS 2d Session S. 4650 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Kennedy (for himself and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the position of Special Envoy to the Pacific Islands Forum.
1. Short title This Act may be cited as the U.S. and Pacific Islands Forum Partnership Act . 2. Findings Congress finds the following: (1) The Pacific Islands Forum (referred to in this Act as PIF ) was established in 1971. (2) PIF is committed to accelerating economic growth, social progress, cultural development, and regional peace and stability. (3) The United States is committed to a free and open Indo-Pacific and to peace, security, and prosperity in the region. (4) The United States seeks to maintain and further develop a constructive and cordial relationship with PIF and its member nations, including the Freely Associated States (the Marshall Islands, Micronesia, and Palau), which have special economic and security ties with the United States. (5) The United States seeks to contribute to regional stability in the Pacific region through assistance efforts to combat illegal fishing, enhance maritime security, build resilient infrastructure, and promote sound, just, and responsive governance within the Pacific region to empower citizens, help combat corruption, and strengthen nations’ autonomy. (6) The Smaller Island States of the Pacific Islands Forum represent the most vulnerable of Forum Island Countries. (7) Increased United States diplomatic engagement and developmental assistance can help alleviate the vulnerabilities linked to the small size of the Smaller Island States, their lack of natural resources, remoteness, and the range of development challenges that limit their capacity to ensure democratic, economic, and environmental resilience and long-term sustainable development. (8) It is in the long-term interest of the United States to maintain and expand a relationship with PIF and its member nations. (9) The United States does not have an Ambassador or Special Envoy to PIF, which limits the ability of the United States and PIF to respond quickly and appropriately to events of mutual interest. 3. Sense of Congress It is the sense of Congress that— (1) the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and (2) the Special Envoy to the Pacific Islands Forum— (A) should be used to coordinate policies across the Pacific region with like-minded democracies; and (B) should have a direct line to the President and the Secretary of State to communicate regarding the unique and particular needs of Pacific partner nations. 4. Special Envoy to the Pacific Islands Forum Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of Public Law 116–260 ) as subsection (k); and (2) by adding at the end the following: (l) Special Envoy to the Pacific Islands Forum (1) Appointment The President shall appoint, by and with the advice and consent of the Senate, either the United States Ambassador to a country that is a member of the Pacific Islands Forum or another qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the Special Envoy ). If an Ambassador is appointed to serve as the Special Envoy pursuant this paragraph, he or she may not begin such service until after Senate confirmation to such position and shall serve concurrently as an Ambassador and as the Special Envoy without receiving additional compensation. (2) Duties The Special Envoy shall— (A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and (B) carry out such other duties as the President or the Secretary of State may prescribe. . | https://www.govinfo.gov/content/pkg/BILLS-117s4650is/xml/BILLS-117s4650is.xml |
117-s-4651 | II 117th CONGRESS 2d Session S. 4651 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Barrasso (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to require the Secretary of Energy to stipulate, as a condition on the sale at auction of any petroleum products from the Strategic Petroleum Reserve, that the petroleum products not be exported to certain countries, to prohibit such sales to certain state-owned entities, and for other purposes.
1. Prohibition on export of Strategic Petroleum Reserve petroleum products to certain countries and sales to certain state-owned entities Section 161(i) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(i) ) is amended— (1) by striking (i) Notwithstanding any other law and inserting the following: (i) Refine or exchange outside the United States (1) In general Notwithstanding any other provision of law and subject to paragraphs (2) and (3) ; and (2) by adding at the end the following: (2) Prohibition on export of Strategic Petroleum Reserve petroleum products to certain countries Notwithstanding any other provision of law, with respect to the drawdown and sale at auction of any petroleum products from the Reserve under this section after the date of enactment of this paragraph, the Secretary shall require, as a condition of the sale, that the petroleum products not be exported to a country that is designated as a country of particular concern for religious freedom under clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A) ). (3) Requirements applicable to certain state-owned entities Notwithstanding any other provision of law, with respect to the drawdown and sale at auction of any petroleum products from the Reserve under this section after the date of enactment of this paragraph, if the Secretary determines that, as of the date of the auction, there is in effect a United States ban on, or the imposition of sanctions by the United States with respect to, the purchase of crude oil from 1 or more countries— (A) to be eligible to bid in the auction, a state-owned entity shall submit to the Secretary a certification that the state-owned entity has not purchased petroleum products from any country subject to such a ban or sanctions during the period in which the ban or sanctions were in effect; and (B) if the Secretary determines that a state-owned entity participating in the auction has purchased crude oil from a country subject to such a ban or sanctions during the period in which the ban or sanctions were in effect, the Secretary shall not sell petroleum products from the Reserve to the state-owned entity under the auction. . | https://www.govinfo.gov/content/pkg/BILLS-117s4651is/xml/BILLS-117s4651is.xml |
117-s-4652 | II 117th CONGRESS 2d Session S. 4652 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Blackburn (for herself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for the loan and lease of defense articles to the Government of Taiwan, and for other purposes.
1. Short title This Act may be cited as the Taiwan Democracy Defense Lend-Lease Act of 2022 . 2. Loan and lease of defense articles to Government of Taiwan (a) Authority To lend or lease defense articles to Government of Taiwan (1) Authority Notwithstanding section 503(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311(b)(3) ) or section 61 of the Arms Export Control Act ( 22 U.S.C. 2796 ), the President may lend or lease defense articles to the Government of Taiwan to assist in the bolstering of the defensive capabilities of such Government or the protection of the citizen population of Taiwan from potential aggression carried out by the People’s Liberation Army of China against Taiwan (including through one or more of the means described in paragraph (2)) if, as a condition of such loan or lease, the President requires— (A) the payment by the Government of Taiwan of the cost of restoring or replacing the defense article, in the case that the defense article is damaged; and (B) the payment by the Government of Taiwan of an amount equal to the replacement cost (less any depreciation in the value) of the defense article, in the case that the defense article is lost or destroyed. (2) Means of aggression by People’s Liberation Army The means described in this paragraph are the following: (A) The full or partial naval blockade of Taiwan. (B) An amphibious assault and ground invasion of Taiwan. (C) A missile strike (whether conducted alone or as a part of a broader campaign). (D) Kinetic or non-kinetic operations against military targets or critical infrastructure in Taiwan. (E) A seizure, or attempted seizure, of one or more of the outlying islands controlled by Taiwan. (3) Defense services and defense construction services (A) In general The President may finance the procurement of defense services and design and construction services by the Government of Taiwan in connection with a loan or lease of a defense article to such Government under paragraph (1), if, as a condition of such financing, the President requires that, not later than 12 years after the date on which the agreement with the Government of Taiwan for such financing is signed on behalf of the United States Government, the Government of Taiwan pay to the United States Government (in United States dollars) an amount equal to the sum of— (i) the value of such services; and (ii) any interest on the unpaid balance of the obligation for payment under clause (i), at a rate that, except as provided in subparagraph (B), is equivalent to the average interest rate, as of the last day of the month preceding the date on which such agreement is signed, that the United States Government pays on outstanding marketable obligations of comparable maturity. (B) Exception to interest rate requirement If the President submits to Congress a certification containing a determination that national security requires a lesser rate of interest than the rate calculated pursuant to clause (ii) of subparagraph (A), a justification for such determination, and an identification of such lesser rate, the lesser rate so identified shall apply in lieu of the rate calculated pursuant to such clause. (b) Delegation of authority The President may delegate the authority under subsection (a) only to an official appointed by the President by and with the advice and consent of the Senate. (c) Procedures for delivery of defense articles Not later than 60 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Taiwan under subsection (a) to ensure the timely delivery of the defense article to such Government. (d) Report on determination of defense needs of Taiwan (1) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in collaboration with the Commander of the United States Indo-Pacific Command, shall submit to Congress a report on the potential loan and lease of defense articles to the Government of Taiwan under subsection (a). The report shall include the following elements: (A) An initial assessment of the defense articles that are appropriate for such loan or lease. (B) An assessment of any supply chain or other logistical challenges associated with the loan or lease of defense articles identified pursuant to subparagraph (A). (C) A discussion of expected timeframes for the provision to the Government of Taiwan of defense articles identified pursuant to subparagraph (A), including— (i) expected timelines for the delivery of such defense articles; and (ii) expected timelines for the full integration of such defense articles by the military of Taiwan, such that the military of Taiwan is able to effectively use defense articles so delivered in the event of a conflict with the People’s Republic of China. (D) Such other matters as the Secretary may consider appropriate. (2) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section, the terms defense article , defense service , and design and construction services have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). | https://www.govinfo.gov/content/pkg/BILLS-117s4652is/xml/BILLS-117s4652is.xml |
117-s-4653 | II 117th CONGRESS 2d Session S. 4653 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Menendez (for himself and Mr. Risch ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide for certain authorities of the Department of State, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of State Authorization Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Organization and Operations of the Department of State Sec. 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 103. Family Engagement Coordinator. Sec. 104. Rewards for Justice. Sec. 105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 106. Cultural Antiquities Task Force. TITLE II—Personnel issues Sec. 201. Department of State paid Student Internship Program. Sec. 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 204. Additional personnel to address backlogs in hiring and investigations. Sec. 205. Commission on Reform and Modernization of the Department of State. Sec. 206. Foreign affairs training. Sec. 207. Security clearance approval process. Sec. 208. Addendum for study on foreign service allowances. Sec. 209. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 210. Report on worldwide availability. Sec. 211. Professional development. Sec. 212. Management assessments at diplomatic and consular posts. TITLE III—Embassy security and construction Sec. 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 302. Diplomatic support and security. TITLE IV—A diverse workforce: recruitment, retention, and promotion Sec. 401. Report on barriers to applying for employment with the Department of State. Sec. 402. Collection, analysis, and dissemination of workforce data. Sec. 403. Centers of Excellence in Foreign Affairs and Assistance. TITLE V—Information security and cyber diplomacy Sec. 501. United States international cyberspace policy. Sec. 502. Bureau of Cyberspace and Digital Policy. Sec. 503. International cyberspace and digital policy strategy. Sec. 504. Government Accountability Office report on cyber diplomacy. Sec. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 506. Cybersecurity recruitment and retention. Sec. 507. Short course on emerging technologies for senior officials. Sec. 508. Establishment and expansion of Regional Technology Officer Program. Sec. 509. Vulnerability disclosure policy and bug bounty program report. TITLE VI—Public diplomacy Sec. 601. United States participation in international fairs and expositions. Sec. 602. Press freedom curriculum. Sec. 603. Global Engagement Center. Sec. 604. Under Secretary for Public Diplomacy. TITLE VII—Other matters Sec. 701. Supporting the employment of United States citizens by international organizations. Sec. 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 706. International broadcasting activities. Sec. 707. Global internet freedom. Sec. 708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 710. Report on United States access to critical mineral resources abroad. Sec. 711. Ensuring the integrity of communications cooperation. Sec. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations. Sec. 713. Provision of parking services and retention of parking fees. Sec. 714. Diplomatic reception areas. Sec. 715. Consular and border security programs visa services cost recovery proposal. TITLE VIII—Extension of authorities Sec. 801. Consulting services. Sec. 802. Diplomatic facilities. Sec. 803. Extension of existing authorities. Sec. 804. War reserves stockpile and military training report. 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . (3) Department Unless otherwise specified, the term Department means the Department of State. (4) Secretary Unless otherwise specified, the term Secretary means the Secretary of State. (5) USAID The term USAID means the United States Agency for International Development. I Organization and Operations of the Department of State 101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation It is the sense of Congress that— (1) the Secretary should take steps to address staffing shortfalls in the chemical, biological, and nuclear weapons issue areas in the Bureau of Arms Control, Verification, and Compliance and in the Bureau of International Security and Nonproliferation; (2) maintaining a fully staffed and resourced Bureau of Arms Control, Verification, and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and (3) the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation should increase efforts and dedicate resources to combat the dangers posed by the People's Republic of China’s conventional and nuclear build-up, the Russian Federation's tactical nuclear weapons and new types of nuclear weapons, bioweapons proliferation, dual use of life sciences research, and chemical weapons. 102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended— (1) in subsection (a), by inserting , as expeditiously as possible, after review ; and (2) by amending subsection (b) to read as follows: (b) Referrals to Special Envoy; notification to Congress (1) In general Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall— (A) expeditiously transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs; and (B) not later than 14 days after such determination, notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of such determination and provide such committees with a summary of the facts that led to such determination. (2) Form The notification described in paragraph (1)(B) may be classified, if necessary. . 103. Family Engagement Coordinator Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741a ) is amended by adding at the end the following: (d) Family engagement coordinator There shall be, in the Office of the Special Presidential Envoy for Hostage Affairs, a Family Engagement Coordinator, who shall ensure— (1) for a United States national unlawfully or wrongfully detained abroad, that— (A) any interaction by executive branch officials with any family member of such United States national occurs in a coordinated fashion; (B) such family member receives consistent and accurate information from the United States Government; and (C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and (2) for a United States national held hostage abroad, that any engagement with a family member is coordinated with, consistent with, and not duplicative of the efforts of the Family Engagement Coordinator described in section 304(c)(2). . 104. Rewards for Justice Section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ) is amended— (1) in paragraph (4), by striking or (10); and inserting (10), or (14); ; (2) in paragraph (12), by striking or at the end; (3) in paragraph (13), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage taking of a United States person, or the location of a United States person who has been taken hostage, in any country. . 105. Ensuring geographic diversity and accessibility of passport agencies (a) Sense of Congress It is the sense of Congress that Department initiatives to expand passport services and accessibility, including through online modernization projects, should include the construction of new physical passport agencies. (b) Review The Secretary shall conduct a review of the geographic diversity and accessibility of existing passport agencies to identify— (1) the geographic areas in the United States that are farther than 6 hours' driving distance from the nearest passport agency; (2) the per capita demand for passport services in the areas described in paragraph (1); and (3) a plan to ensure that in-person services at physical passport agencies are accessible to all eligible Americans, including Americans living in large population centers, in rural areas, and in States with a high per capita demand for passport services. (c) Considerations The Secretary shall consider the metrics identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport agencies. (d) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that contains the findings of the review conducted pursuant to subsection (b). 106. Cultural Antiquities Task Force The Secretary is authorized to use up to $1,000,000 for grants to carry out the activities of the Cultural Antiquities Task Force. II Personnel issues 201. Department of State paid Student Internship Program (a) In general The Secretary shall establish the Department of State Student Internship Program (referred to in this section as the Program ) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role of diplomacy in the conduct of United States foreign policy and the realization of United States foreign policy objectives. (b) Eligibility An applicant is eligible to participate in the Program if the applicant— (1) is enrolled at least half-time at— (A) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )); or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is eligible to receive and hold an appropriate security clearance. (c) Selection The Secretary shall establish selection criteria for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs. (d) Outreach The Secretary shall— (1) widely advertise the Program, including— (A) on the internet; (B) through the Department’s Diplomats in Residence program; and (C) through other outreach and recruiting initiatives targeting undergraduate and graduate students; and (2) conduct targeted outreach to encourage participation in the Program from— (A) individuals belonging to traditionally underrepresented racial, ethnic, geographic, gender, and disability groups; and (B) students enrolled at minority-serving institutions (which shall include any institution listed in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (e) Compensation (1) Housing assistance (A) Abroad The Secretary shall provide housing assistance to any student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is outside of the United States. (B) Domestic The Secretary may provide housing assistance to a student participating in the Program whose permanent address is within the United States if the location of the internship in which such student is participating is more than 50 miles away from such student’s permanent address. (2) Travel assistance The Secretary shall provide a student participating in the Program whose permanent address is within the United States with financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the student's permanent address and the location of the internship in which such student is participating if such location is— (A) more than 50 miles from the student’s permanent address; or (B) outside of the United States. (f) Working with institutions of higher education The Secretary, to the maximum extent practicable, shall structure internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled. (g) Transition period (1) In general Except as provided in paragraphs (2) and (3), beginning not later than 2 years after the date of the enactment of this Act— (A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service Internship Program, to internship programs that offer compensation; and (B) upon selection as a candidate for entry into an internship program of the Department, a participant in such internship program may refuse compensation, including if doing so allows such participant to receive college or university curricular credit. (2) Exception The transition required under paragraph (1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service internship program. (3) Waiver (A) In general The Secretary may waive the requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not later than 30 days after making a determination that the conversion of such internship program to a compensated internship program would not be consistent with effective management goals, submits a report explaining such determination to— (i) the appropriate congressional committees; (ii) the Committee on Appropriations of the Senate ; and (iii) the Committee on Appropriations of the House of Representatives . (B) Report The report required under subparagraph (A) shall— (i) describe the reasons why converting an unpaid internship program of the Department to an internship program that offers compensation would not be consistent with effective management goals; and (ii) (I) provide justification for maintaining such unpaid status indefinitely; or (II) identify any additional authorities or resources that would be necessary to convert such unpaid internship program to offer compensation in the future. (h) Reports Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit a report to the committees referred to in subsection (g)(3)(A) that includes— (1) data, to the extent the collection of such information is permissible by law, regarding the number of students who applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, gender, institution of higher education, home State, State where each student graduated from high school, and disability status; (2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1), including the timeline for such investigations, whether such investigations were completed, and when an interim security clearance was granted; (3) information on Program expenditures; and (4) information regarding the Department’s compliance with subsection (g). (i) Voluntary participation (1) In general Nothing in this section may be construed to compel any student who is a participant in an internship program of the Department to participate in the collection of the data or divulge any personal information. Such students shall be informed that their participation in the data collection under this section is voluntary. (2) Privacy protection Any data collected under this section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees. (j) Special hiring authority Notwithstanding any other provision of law, the Secretary, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired each year, may— (1) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and (2) remove any compensated intern employed pursuant to paragraph (1) without regard to the provisions of law governing appointments in the competitive excepted service. (k) Availability of appropriations Internships offered and compensated by the Department under this section shall be funded solely by available amounts appropriated under the heading Diplomatic Programs . 202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation (a) Coordination with other agencies The Secretary, in coordination with the heads of other Federal agencies that provide personnel to serve in overseas posts under Chief of Mission authority, should develop interagency policies regarding harassment, discrimination, sexual assault, and related retaliation, including policies for— (1) addressing, reporting, and providing transitioning support; (2) advocacy, service referrals, and travel accommodations; and (3) disciplining anyone who violates Department policies regarding harassment, discrimination, sexual assault, or related retaliation occurring between covered individuals and noncovered individuals. (b) Disciplinary action (1) Separation for cause Section 610(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 4010(a)(1) ), is amended— (A) by striking decide to ; and (B) by inserting upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault before the period at the end. (2) Update to manual The Director of Global Talent shall— (A) update the Grounds for Disciplinary Action and List of Disciplinary Offenses and Penalties sections of the Foreign Affairs Manual to reflect the amendments made under paragraph (1); and (B) communicate such updates to Department staff through publication in Department Notices. (c) Sexual assault prevention and response victim advocates (1) Placement The Secretary shall ensure that the Diplomatic Security Service’s Victims’ Resource Advocacy Program— (A) is appropriately staffed by advocates who are physically present at— (i) the headquarters of the Department; and (ii) major domestic and international facilities and embassies, as determined by the Secretary; (B) considers the logistics that are necessary to allow for the expedient travel of victims from Department facilities that do not have advocates; and (C) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims involved in matters being investigated by the Diplomatic Security Service. 203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements Section 504(e)(3) of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d(e)(3) ) is amended by striking $500,000 and inserting $2,000,000 . 204. Additional personnel to address backlogs in hiring and investigations (a) In general The Secretary shall seek to increase the number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring and investigations into complaints conducted by the Office of Civil Rights. (b) Employment targets The Secretary shall seek to employ— (1) not fewer than 15 additional personnel in the Bureau of Global Talent Management and the Office of Civil Rights (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 180 days after such date of enactment; and (2) not fewer than 15 additional personnel in such Bureau and Office (compared to the number of personnel so employed as of the day before the date of the enactment of this Act) by the date that is 1 year after such date of enactment. 205. Commission on Reform and Modernization of the Department of State (a) Short title This section may be cited as the Commission on Reform and Modernization of the Department of State Act . (b) Establishment of Commission There is established, in the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as the Commission ). (c) Purposes The purposes of the Commission are— (1) to examine the changing nature of diplomacy in the 21st century and the ways in which the Department and its personnel can modernize to advance the interests of the United States; and (2) to offer recommendations to the President and Congress related to— (A) the organizational structure of the Department of State; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link among diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy, including the Foreign Service Act of 1980 ( Public Law 96–465 ); (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) Chief of Mission authority at United States diplomatic missions overseas, including authority over employees of other Federal departments and agencies; and (H) treaties that impact United States overseas presence. (d) Membership (1) Composition The Commission shall be composed of 8 members, of whom— (A) 1 member shall be appointed by the chairperson of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (B) 1 member shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate , who shall serve as co-chair of the Commission; (C) 1 member shall be appointed by the chairperson of the Committee on Foreign Affairs of the House of Representatives ; (D) 1 member shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; (E) 1 member shall be appointed by the majority leader of the Senate; (F) 1 member shall be appointed by the Speaker of the House of Representatives; (G) 1 member shall be appointed by the minority leader of the Senate; and (H) 1 member shall be appointed by the minority leader of the House of Representatives. (2) Qualifications; meetings (A) Membership The members of the Commission should be prominent United States citizens, with national recognition and significant depth of experience in international relations and with the Department. (B) Political party affiliation Not more than 4 members of the Commission may be from the same political party. (C) Meetings (i) Initial meeting The Commission shall hold the first meeting and begin operations as soon as practicable. (ii) Frequency The Commission shall meet at the call of the co-chairs. (iii) Quorum Five members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (D) Vacancies Any vacancy in the Commission shall not affect the powers of the Commission, but shall be filled in the same manner as the original appointment. (e) Functions of Commission (1) In general The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. (2) Panels The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel may not be considered the findings and determinations of the Commission unless such findings and determinations are approved by the Commission. (3) Delegation Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this section. (f) Powers of Commission (1) Hearings and evidence The Commission or any panel or member of the Commission, as delegated by the co-chairs, may, for the purpose of carrying out this section— (A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths as the Commission or such designated subcommittee or designated member considers necessary; (B) require the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary; and (C) subject to applicable privacy laws and relevant regulations, secure directly from any Federal department or agency information and data necessary to enable it to carry out its mission, which shall be provided by the head or acting representative of the department or agency not later than 30 days after the Commission provides a written request for such information and data. (2) Contracts The Commission, to such extent and in such amounts as are provided in appropriations Acts, may enter into contracts to enable the Commission to discharge its duties under this section. (3) Information from Federal agencies (A) In general The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this section. (B) Furnishing information Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality, to the extent authorized by law, shall furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by a co-chair, the chair of any panel created by a majority of the Commission, or any member designated by a majority of the Commission. (C) Handling Information may only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies (A) Secretary of State The Secretary shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section. (B) Other departments and agencies Other Federal departments and agencies may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. (C) Cooperation The Commission shall receive the full and timely cooperation of any official, department, or agency of the Federal Government whose assistance is necessary, as jointly determined by the co-chairs of the Commission, for the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. (5) Assistance from independent organizations (A) In general In order to inform its work, the Commission should review reports that were written during the 15-year period ending on the date of the enactment of this Act by independent organizations and outside experts relating to reform and modernization of the Department. (B) Avoiding duplication In analyzing the reports referred to in subparagraph (A), the Commission should pay particular attention to any specific reform proposals that have been recommended by 2 or more of such reports. (6) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (7) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (8) Congressional consultation Not less frequently than quarterly, the Commission shall provide a briefing to the appropriate congressional committees about the work of the Commission. (g) Staff and compensation (1) Staff (A) Compensation The co-chairs of the Commission, in accordance with rules established by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title. (B) Detail of government employees A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (C) Procurement of temporary and intermittent services The co-chairs of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of such title. (2) Commission members (A) Compensation (i) In general Except as provided in paragraph (2), each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section. (ii) Waiver of certain provisions Subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) are waived for an annuitant on a temporary basis so as to be compensated for work performed as part of the Commission. (3) Travel expenses While away from their homes or regular places of business in the performance of service for the Commission, members and staff of the Commission, and any Federal Government employees detailed to the Commission, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703(b) of title 5, United States Code. (4) Security clearances for Commission members and staff The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided access to classified information under this section without the appropriate security clearances. (h) Report (1) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall submit a final report to the President and to Congress that— (A) examines all substantive aspects of Department personnel, management, and operations; and (B) contains such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (2) Elements The report required under paragraph (1) shall include findings, conclusions, and recommendations related to— (A) the organizational structure of the Department; (B) personnel-related matters, including recruitment, promotion, training, and retention of the Department’s workforce in order to retain the best and brightest personnel and foster effective diplomacy worldwide, including measures to strengthen diversity and inclusion to ensure that the Department’s workforce represents all of America; (C) the Department of State’s infrastructure (both domestic and overseas), including infrastructure relating to information technology, transportation, and security; (D) the link between diplomacy and defense, intelligence, development, commercial, health, law enforcement, and other core United States interests; (E) core legislation that authorizes United States diplomacy; (F) related regulations, rules, and processes that define United States diplomatic efforts, including the Foreign Affairs Manual; (G) treaties that impact United States overseas presence; (H) the authority of Chiefs of Mission at United States diplomatic missions overseas, including the degree of authority that Chiefs of Mission exercise in reality over Department employees and other Federal employees at overseas posts; (I) any other areas that the Commission considers necessary for a complete appraisal of United States diplomacy and Department management and operations; and (J) the amount of time, manpower, and financial resources that would be necessary to implement the recommendations specified under this paragraph. (3) Department response The Secretary shall have the right to review and respond to all Commission recommendations— (A) before the Commission submits its report to the President and to Congress; and (B) not later than 90 days after receiving such recommendations from the Commission. (i) Termination of Commission (1) In general The Commission, and all the authorities under this section, shall terminate on the date that is 60 days after the date on which the final report is submitted pursuant to subsection (h). (2) Administrative activities before termination The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the report. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to the Commission to carry out this section $2,000,000 for fiscal year 2023. (2) Availability Amounts made available to the Commission pursuant to paragraph (1) shall remain available until the date on which the Commission is terminated pursuant to subsection (i)(1). (k) Inapplicability of certain administrative provisions (1) Federal advisory committee act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Freedom of information act The provisions of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act ) shall not apply to the activities, records, and proceedings of the Commission. 206. Foreign affairs training (a) Sense of Congress It is the sense of Congress that— (1) the Department is a crucial national security agency, whose employees, both Foreign Service and Civil Service, require the best possible training and professional development at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad; (2) the Department faces increasingly complex and rapidly evolving challenges, many of which are science- and technology-driven, and which demand continual, high-quality training and professional development of its personnel; (3) the new and evolving challenges of national security in the 21st century necessitate the expansion of standardized training and professional development opportunities linked to equitable, accountable, and transparent promotion and leadership practices for Department and other national security agency personnel; and (4) consistent with gift acceptance authority of the Department and other applicable laws in effect as of the date of the enactment of this Act, the Department and the Foreign Service Institute may accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute enhance the quantity and quality of training and professional development offerings, especially in the introduction of new, innovative, and pilot model courses. (b) Defined term In this section, the term appropriate committees of Congress means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives . (c) Training and professional development prioritization In order to provide the Civil Service of the Department and the Foreign Service with the level of professional development and training needed to effectively advance United States interests across the world, the Secretary shall— (1) increase relevant offerings provided by the Department— (A) of interactive virtual instruction to make training and professional development more accessible and useful to personnel deployed throughout the world; or (B) at partner organizations, including universities, industry entities, and nongovernmental organizations, throughout the United States to provide useful outside perspectives to Department personnel by providing such personnel— (i) a more comprehensive outlook on different sectors of United States society; and (ii) practical experience dealing with commercial corporations, universities, labor unions, and other institutions critical to United States diplomatic success; (2) offer courses using computer-based or computer-assisted simulations, allowing civilian officers to lead decision making in a crisis environment, and encourage officers of the Department, and reciprocally, officers of other Federal departments to participate in similar exercises held by the Department or other government organizations and the private sector; and (3) increase the duration and expand the focus of certain training and professional development courses, including by extending— (A) the A–100 entry-level course to not less than 12 weeks, which better matches the length of entry-level training and professional development provided to the officers in other national security departments and agencies; and (B) the Chief of Mission course to not less than 6 weeks for first time Chiefs of Mission and creating a comparable 6-week course for new Assistant Secretaries and Deputy Assistant Secretaries to more accurately reflect the significant responsibilities accompanying such roles. (d) Fellowships The Director General of the Foreign Service shall— (1) establish new fellowship programs for Foreign Service and Civil Service officers that include short- and long-term opportunities at organizations, including— (A) think tanks and nongovernmental organizations; (B) the Department of Defense, the elements of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), and other relevant Federal agencies; (C) industry entities, especially such entities related to technology, global operations, finance, and other fields directly relevant to international affairs; and (D) schools of international relations and other relevant programs at universities throughout the United States; and (2) not later than 180 days after the date of the enactment of this Act, submit a report to Congress that describes how the Department could expand the Pearson Fellows Program for Foreign Service Officers and the Brookings Fellow Program for Civil Servants to provide fellows in such programs with the opportunity to undertake a follow-on assignment within the Department in an office in which fellows will gain practical knowledge of the people and processes of Congress, including offices other than the Legislative Affairs Bureau, including— (A) an assessment of the current state of congressional fellowships, including the demand for fellowships and the value the fellowships provide to both the career of the officer and to the Department; and (B) an assessment of the options for making congressional fellowships for both the Foreign and Civil Services more career-enhancing. (e) Board of Visitors of the Foreign Service Institute (1) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall establish a Board of Visitors of the Foreign Service Institute (referred to in this subsection as the Board ). (2) Duties The Board shall provide the Secretary with independent advice and recommendations regarding organizational management, strategic planning, resource management, curriculum development, and other matters of interest to the Foreign Service Institute, including regular observations about how well the Department is integrating training and professional development into the work of the Bureau for Global Talent Management. (3) Membership (A) In general The Board shall be— (i) nonpartisan; and (ii) composed of 12 members, of whom— (I) 2 members shall be appointed by the Chairperson of the Committee on Foreign Relations of the Senate ; (II) 2 members shall be appointed by the ranking member of the Committee on Foreign Relations of the Senate ; (III) 2 members shall be appointed by the Chairperson of the Committee on Foreign Affairs of the House of Representatives ; (IV) 2 members shall be appointed by the ranking member of the Committee on Foreign Affairs of the House of Representatives ; and (V) 4 members shall be appointed by the Secretary. (B) Qualifications Members of the Board shall be appointed from among individuals who— (i) are not officers or employees of the Federal Government; (ii) have never been members of the Senior Foreign Service or the Senior Executive Service; and (iii) are eminent authorities in the fields of diplomacy, management, leadership, economics, trade, technology, or advanced international relations education. (C) Outside expertise Not fewer than 6 members of the Board shall have a minimum of 10 years of expertise outside the field of diplomacy. (4) Terms Each member of the Board shall be appointed for a term of 3 years, except that of the members first appointed— (A) 4 members shall be appointed for a term of 3 years; (B) 4 members shall be appointed for a term of 2 years; and (C) 4 members shall be appointed for a term of 1 year. (5) Reappointment; replacement A member of the Board may be reappointed or replaced at the discretion of the official who made the original appointment. (6) Chairperson; co-chairperson (A) Approval The Chairperson and Vice Chairperson of the Board shall be approved by the Secretary of State based upon a recommendation from the members of the Board. (B) Service The Chairperson and Vice Chairperson shall serve at the discretion of the Secretary. (7) Meetings The Board shall meet— (A) at the call of the Director of the Foreign Service Institute and the Chairperson; and (B) not fewer than 2 times per year. (8) Compensation Each member of the Board shall serve without compensation, except that a member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated service of members of the Board. (9) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board established under this subsection. (f) Establishment of Provost of the Foreign Service Institute (1) Establishment There is established in the Foreign Service Institute the position of Provost. (2) Appointment; reporting The Provost shall— (A) be appointed by the Board of Visitors of the Foreign Service Institute established under subsection (e); and (B) report to the Director of the Foreign Service Institute. (3) Qualifications The Provost— (A) may not be an individual who is an officer or employee of the Federal Government or who has ever been a career member of the Senior Foreign Service or the Senior Executive Service; and (B) shall be an eminent authority in the fields of diplomacy, education, management, leadership, economics, history, trade, or technology. (4) Duties The Provost shall— (A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered by the Foreign Service Institute; (B) coordinate the implementation of a letter or numerical grading system for the performance of Foreign Service officers in courses of the Foreign Service Institute; and (C) report not less frequently than quarterly to the Board of Visitors regarding the development of curriculum and the performance of Foreign Service officers. (5) Term The Provost shall serve for a term of not fewer than 5 years and may be reappointed for 1 additional 5-year term. (6) Compensation The Provost shall receive a salary commensurate with the rank and experience of a member of the Senior Foreign Service or the Senior Executive Service, as determined by the Board of Visitors. (g) Other agency responsibilities and opportunities for congressional staff (1) Other agencies National security agencies other than the Department should be afforded the ability to increase the enrollment of their personnel in courses at the Foreign Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges. (2) Congressional staff Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that describes— (A) the training and professional development opportunities at the Foreign Service Institute and other Department facilities for congressional staff; (B) the budget impacts of such opportunities; and (C) potential course offerings. (h) Strategy for adapting training requirements for modern diplomatic needs (1) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and submit to the appropriate committees of Congress a strategy for adapting and evolving training requirements to better meet the Department’s current and future needs for 21st century diplomacy. (2) Elements The strategy required under subsection (a) shall include the following elements: (A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for training and attainment to be used as a part of tenure and promotion guidelines. (B) Addressing multiple existing and emerging national security challenges, including— (i) democratic backsliding and authoritarianism; (ii) countering, and assisting United States allies to address, state-sponsored disinformation, including through the Global Engagement Center; (iii) cyber threats; (iv) aggression and malign influence; (v) the implications of climate change for United States diplomacy; and (vi) nuclear threats. (C) Establishing residential training for the A–100 orientation course administered by the Foreign Service Institute and evaluating the feasibility of residential training for long-term training opportunities. (3) Utilization of existing resources In establishing the residential training program pursuant to paragraph (2)(C), the Secretary shall— (A) collaborate with other national security departments and agencies that employ residential training for their orientation courses; and (B) consider using the Department's Foreign Affairs Security Training Center in Blackstone, Virginia. (i) Report and briefing requirements (1) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (A) a strategy for broadening and deepening professional development and training at the Department, including assessing current and future needs for 21st century diplomacy; (B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and (C) the results and impact of the strategy on the workforce of the Department, particularly the relationship between professional development and training and promotions for Department personnel, and the measurement and evaluation methods used to evaluate such results. (2) Briefing Not later than 1 year after the date on which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary shall provide to the appropriate committees of Congress a briefing on the information required to be included in the report. (j) Foreign language maintenance incentive program (1) Authorization The Secretary is authorized to establish and implement an incentive program to encourage members of the Foreign Service who possess language proficiency in any of the languages that qualify for bonus points, as determined by the Secretary, to maintain critical foreign language skills. (2) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate committees of Congress that includes a detailed plan for implementing the program authorized under paragraph (1), including anticipated resource requirements to carry out such program. (k) Department of State workforce management (1) Sense of congress It is the sense of Congress that informed, data-driven, and long-term workforce management, including with respect to the Foreign Service, the Civil Service, locally employed staff, and contractors, is needed to align diplomatic priorities with the appropriate personnel and resources. (2) Annual workforce report (A) In general In order to understand the Department’s long-term trends with respect to its workforce, the Secretary, is consultation with relevant bureaus and offices, including the Bureau of Global Talent Management, the Bureau of Consular Affairs, and the Center for Analytics, shall submit a report to the appropriate committees of Congress that details the Department’s workforce, disaggregated by Foreign Service, Civil Service, locally employed staff, and contractors, including, with respect to the reporting period— (i) the number of personnel who were hired; (ii) the number of personnel whose employment or contract was terminated or who voluntarily left the Department; (iii) the number of personnel who were promoted, including the grade to which they were promoted; (iv) the demographic breakdown of personnel; and (v) the distribution of the Department’s workforce based on domestic and overseas assignments, including a breakdown of the number of personnel in geographic and functional bureaus, and the number of personnel in overseas missions by region. (B) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit the report described in subparagraph (A) for each of the fiscal years 2002 through 2022. (C) Recurring report Not later than December 31, 2023, and annually thereafter for the following 9 years, the Secretary shall submit the report described in subparagraph (A) for the most recently concluded fiscal year. (D) Use of report data The data in each of the reports required under this paragraph shall be used by Congress, in coordination with the Secretary, to inform recommendations on the appropriate size and composition of the Department. (l) Sense of Congress on the importance of filling the position of Undersecretary for Public Diplomacy and Public Affairs It is the sense of Congress that since a vacancy in the position of Under Secretary for Public Diplomacy and Public Affairs is detrimental to the national security interests of the United States, the President should expeditiously nominate a qualified individual to such position whenever such vacancy occurs to ensure that the bureaus reporting to such position are able to fulfill their mission of— (1) expanding and strengthening relationships between the people of the United States and citizens of other countries; and (2) engaging, informing, and understanding the perspectives of foreign audiences. (m) Report on public diplomacy Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that includes— (1) an evaluation of the May 2019 merger of the Bureau of Public Affairs and the Bureau of International Information Programs into the Bureau of Global Public Affairs with respect to— (A) the efficacy of the current configuration of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs in achieving the mission of the Department; (B) the metrics before and after such merger, including personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and media appearances; (C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such merger and any adjustments that still need to be made; and (D) a plan for evaluating and monitoring, not less frequently than once every 2 years, the programs, activities, messaging, professional development efforts, and structure of the Bureau of Global Public Affairs, and submitting a summary of each such evaluation to the appropriate committees of Congress; and (2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including— (A) efforts in each of the bureaus reporting to the Under Secretary for Public Diplomacy and Public Affairs to address issues of diversity and inclusion in their work, structure, data collection, programming, and personnel, including any collaboration with the Chief Officer for Diversity and Inclusion; (B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to implement recent outside recommendations; and (C) additional authorizations and appropriations necessary to implement such recommendations. 207. Security clearance approval process (a) Recommendations Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit recommendations to the appropriate congressional committees for streamlining the security clearance approval process within the Bureau of Diplomatic Security so that the security clearance approval process for Civil Service and Foreign Service applicants is completed within 6 months, on average, and within 1 year, in the vast majority of cases. (b) Report Not later than 90 days after the recommendations are submitted pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that— (1) describes the status of the efforts of the Department to streamline the security clearance approval process; and (2) identifies any remaining obstacles preventing security clearances from being completed within the time frames set forth in subsection (a), including lack of cooperation or other actions by other Federal departments and agencies. 208. Addendum for study on foreign service allowances (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an addendum to the report required under section 5302 of the Department of State Authorization Act of 2021 (division E of Public Law 117–81 ), which shall be entitled the Report on Bidding for Domestic and Overseas Posts and Filling Unfilled Positions . The addendum shall be prepared using input from the same federally funded research and development center that prepared the analysis conducted for purposes of such report. (b) Elements The addendum required under subsection (a) shall include— (1) the total number of domestic and overseas positions open during the most recent summer bidding cycle; (2) the total number of bids each position received; (3) the number of unfilled positions at the conclusion of the most recent summer bidding cycle, disaggregated by bureau; and (4) detailed recommendations and a timeline for— (A) increasing the number of qualified bidders for underbid positions; and (B) minimizing the number of unfilled positions at the end of bidding season. 209. Curtailments, removals from post, and waivers of privileges and immunities (a) Curtailments report (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts. (2) Contents The Secretary shall include in the report required under paragraph (1)— (A) relevant information about any post that, during the 6-month period preceding the report— (i) had more than 5 curtailments; or (ii) had curtailments representing more than 5 percent of Department personnel at such post; and (B) for each post referred to in subparagraph (A), the number of curtailments, disaggregated by month of occurrence. (b) Removal of diplomats Not later than 5 days after the date on which any United States personnel under Chief of Mission authority is declared persona non grata by a host government, the Secretary shall— (1) notify the appropriate congressional committees of such declaration; and (2) include with such notification— (A) the official reason for such declaration (if provided by the host government); (B) the date of the declaration; and (C) whether the Department responded by declaring a host government’s diplomat in the United States persona non grata. (c) Waiver of privileges and immunities Not later than 15 days after any waiver of privileges and immunities pursuant to the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, that is applicable to an entire diplomatic post or to the majority of United States personnel under Chief of Mission authority, the Secretary shall notify the appropriate congressional committees of such waiver and the reason for such waiver. (d) Termination This section shall terminate on the date that is 5 years after the date of the enactment of this Act. 210. Report on worldwide availability (a) In general Not later than 270 days after enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the feasibility of requiring that each member of the Foreign Service, at the time of entry into the Foreign Service and thereafter, be worldwide available, as determined by the Secretary. (b) Contents The report required under subsection (a) shall include— (1) the feasibility of a worldwide availability requirement for all members of the Foreign Service; (2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and (3) recommendations for exclusions and limitations, including exemptions for medical reasons, disability, and other circumstances. 211. Professional development (a) Requirements The Secretary shall strongly encourage that Foreign Service officers seeking entry into the Senior Foreign Service participate in professional development described in subsection (c). (b) Requirements Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete professional development described in subsection (c) to be eligible for entry into the Senior Foreign Service. (c) Professional development described Professional development described in this subsection is not less than 6 months of training or experience outside of the Department, including time spent— (1) as a detailee to another government agency, including Congress or a State, Tribal, or local government; (2) in Department-sponsored and -funded university training that results in an advanced degree, excluding time spent at a university that is fully funded or operated by the Federal Government. (d) Promotion precepts The Secretary shall instruct promotion boards to consider positively long-term training and out-of-agency detail assignments. 212. Management assessments at diplomatic and consular posts (a) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary shall annually conduct, at each diplomatic and consular post, a voluntary survey, which shall be offered to all staff assigned to that post who are citizens of the United States (excluding the Chief of Mission) to assess the management and leadership of that post by the Chief of Mission, the Deputy Chief of Mission, and the Charge d'Affaires. (b) Anonymity All responses to the survey shall be— (1) fully anonymized; and (2) made available to the Director General of the Foreign Service. (c) Survey The survey shall seek to assess— (1) the general morale at post; (2) the presence of any hostile work environment; (3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and (4) effective leadership and collegial work environment. (d) Director General recommendations Upon compilation and review of the surveys, the Director General of the Foreign Service shall issue recommendations to posts, as appropriate, based on the findings of the surveys. (e) Referral If the surveys reveal any action that is grounds for referral to the Inspector General of the Department of State and the Foreign Service, the Director General of the Foreign Service may refer the matter to the Inspector General of the Department of State and the Foreign Service, who shall, as the Inspector General considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(b) ). (f) Annual report The Director General of the Foreign Service shall submit an annual report to the appropriate congressional committees that includes— (1) any trends or summaries from the surveys; (2) the posts where corrective action was recommended or taken in response to any issues identified by the surveys; and (3) the number of referrals to the Inspector General of the Department of State and the Foreign Service, as applicable. (g) Initial basis The Secretary shall carry out the surveys required under this section on an initial basis for 5 years. III Embassy security and construction 301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999 (a) Short title This section may be cited as the Secure Embassy Construction and Counterterrorism Act of 2022 . (b) Findings Congress makes the following findings: (1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) was a necessary response to bombings on August 7, 1998, at the United States embassies in Nairobi, Kenya, and in Dar es Salaam, Tanzania, that were destroyed by simultaneously exploding bombs. The resulting explosions killed 220 persons and injured more than 4,000 others. Twelve Americans and 40 Kenyan and Tanzanian employees of the United States Foreign Service were killed in the attacks. (2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need to prioritize the security of United States posts and personnel abroad above other considerations. (3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around the world to advance the interests of the United States through access to local populations, leaders, and places. (4) America's competitors and adversaries do not have the same restrictions that United States diplomats have, especially in critically important medium-threat and high-threat posts. (5) The Department’s 2021 Overseas Security Panel report states that— (A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) has led to skyrocketing costs of new embassies and consulates; and (B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further hinders United States diplomats who are willing to accept more risk in order to advance United States interests. (c) Sense of Congress It is the sense of Congress that— (1) the setback and collocation requirements referred to in subsection (b)(5)(A), even with available waivers, no longer provide the security such requirements used to provide because of advancement in technologies, such as remote controlled drones, that can evade walls and other such static barriers; (2) the Department should focus on creating performance security standards that— (A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and (B) provide diplomats access to local populations as much as possible, while still providing a necessary level of security; (3) collocation of diplomatic facilities is often not feasible or advisable, particularly for public diplomacy spaces whose mission is to reach and be accessible to wide sectors of the public, including in countries with repressive governments, since such spaces are required to permit the foreign public to enter and exit the space easily and openly; (4) the Bureau of Diplomatic Security should— (A) fully utilize the waiver process provided under paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ); and (B) appropriately exercise such waiver process as a tool to right-size the appropriate security footing at each diplomatic post rather than only approving waivers in extreme circumstances; (5) the return of great power competition requires— (A) United States diplomats to do all they can to outperform our adversaries; and (B) the Department to better optimize use of taxpayer funding to advance United States national interests; and (6) this section will better enable United States diplomats to compete in the 21st century, while saving United States taxpayers millions in reduced property and maintenance costs at embassies and consulates abroad. (d) Definition of United States diplomatic facility Section 603 of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of Public Law 106–113 ) is amended to read as follows: 603. United States diplomatic facility defined In this title, the terms United States diplomatic facility and diplomatic facility mean any chancery, consulate, or other office that— (1) is considered by the Secretary of State to be diplomatic or consular premises, consistent with the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, and the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and was notified to the host government as such; or (2) is otherwise subject to a publicly available bilateral agreement with the host government (contained in the records of the United States Department of State) that recognizes the official status of the United States Government personnel present at the facility. . (e) Guidance and requirements for diplomatic facilities (1) Guidance for closure of public diplomacy facilities Section 5606(a) of the Public Diplomacy Modernization Act of 2021 ( Public Law 117–81 ; 22 U.S.C. 1475g note) is amended to read as follows: (a) In general In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not later than 180 days after the date of the enactment of the Secure Embassy Construction and Counterterrorism Act of 2022 , the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound could result in the closure or co-location of an American Space that is owned and operated by the United States Government, generally known as an American Center, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 et seq. ). . (2) Security requirements for United States diplomatic facilities Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ) is amended— (A) in paragraph (1)(A), by striking the threat and inserting a range of threats, including that ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary in his or her discretion after abroad ; and (II) by inserting , personnel of the Peace Corps, and personnel of any other type or category of facility that the Secretary may identify after military commander ; and (ii) in subparagraph (B)— (I) by amending clause (i) to read as follows: (i) In general Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the Secretary, in consultation with, as appropriate, the head of each agency employing personnel that would not be located at the site, if applicable, determines that it is in the national interest of the United States after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions. ; and (II) in clause (ii), by striking (ii) Chancery or consulate building .— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building Prior ; and (C) in paragraph (3)— (i) by amending subparagraph (A) to read as follows: (A) Requirement (i) In general Each newly acquired United States diplomatic facility in a location that has certain minimum ratings under the Security Environment Threat List as determined by the Secretary of State in his or her discretion shall— (I) be constructed or modified to meet the measured building blast performance standard applicable to a diplomatic facility sited not less than 100 feet from the perimeter of the property on which the facility is situated; or (II) fulfill the criteria described in clause (ii). (ii) Alternative engineering equivalency standard requirement Each facility referred to in clause (i) may, instead of meeting the requirement under such clause, fulfill such other criteria as the Secretary is authorized to employ to achieve an engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to achieve. ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) by striking security considerations permit and ; and (bb) by inserting after taking account of any considerations the Secretary in his or her discretion considers relevant, which may include security conditions after national interest of the United States ; (II) in clause (ii), by striking (ii) Chancery or consulate building .— and all that follows through 15 days prior and inserting the following: (ii) Chancery or consulate building Prior ; and (III) in clause (iii), by striking an annual and inserting a quarterly . 302. Diplomatic support and security (a) Short title This section may be cited as the Diplomatic Support and Security Act of 2022 . (b) Findings Congress makes the following findings: (1) A robust overseas diplomatic presence is part of an effective foreign policy, particularly in volatile environments where a flexible and timely diplomatic response can be decisive in preventing and addressing conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they face threats related to international terrorism, violent conflict, and public health. (3) The Department has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing a variety of evolving risks and threats. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as competing with China’s malign influence around the world, fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (5) Efforts to protect personnel overseas have often resulted in inhibiting diplomatic activity and limiting engagement between embassy personnel and local governments and populations. (6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department should be able ensure a robust overseas presence without inhibiting the ability of diplomats to— (A) meet outside United States secured facilities with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions through meeting and interacting with community officials outside of United States facilities; (C) provide United States citizen services; and (D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the People’s Republic of China, that do not have restrictions on meeting locations. (7) Given these stakes, Congress has a responsibility to empower, support, and hold the Department accountable for implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of diplomatic presence. (c) Encouraging expeditionary diplomacy (1) Purpose Section 102(b) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4801(b) ) is amended— (A) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities; ; (B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (C) by inserting after paragraph (3) the following: (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; . (2) Briefings on embassy security Section 105(a)(1) of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4804(a) ) is amended— (A) by striking any plans to open or reopen a high risk, high threat post and inserting progress towards opening or reopening a high risk, high threat post, and the risk to national security of the continued closure or any suspension of operations and remaining barriers to doing so ; (B) in subparagraph (A), by inserting the risk to United States national security of the post’s continued closure or suspension of operations, after national security of the United States, ; and (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and before security tripwires . (d) Security review committees (1) In general Section 301 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4831 ) is amended— (A) in the section heading, by striking Accountability Review Boards and inserting Security Review Committees ; (B) in subsection (a)— (i) by amending paragraph (1) to read as follows: (1) Convening the security review committee In any case of a serious security incident involving loss of life, serious injury, or significant destruction of property at, or related to, a United States Government diplomatic mission abroad (referred to in this title as a Serious Security Incident ), and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report providing a full account of what occurred, consistent with section 304. ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Committee composition The Secretary shall designate a Chairperson and may designate additional personnel of commensurate seniority to serve on the Security Review Committee, which shall include— (A) the Director of the Office of Management Strategy and Solutions; (B) the Assistant Secretary responsible for the region where the incident occurred; (C) the Assistant Secretary of State for Diplomatic Security; (D) the Assistant Secretary of State for Intelligence and Research; (E) an Assistant Secretary-level representative from any involved United States Government department or agency; and (F) other personnel determined to be necessary or appropriate. ; (i) in paragraph (3), as redesignated by clause (ii)— (I) in the paragraph heading, by striking Department of Defense facilities and personnel and inserting Exceptions to convening a security review committee ; (II) by striking The Secretary of State is not required to convene a Board in the case and inserting the following: (A) In general The Secretary of State is not required to convene a Security Review Committee— (i) if the Secretary determines that the incident involves only causes unrelated to security, such as when the security at issue is outside of the scope of the Secretary of State’s security responsibilities under section 103; (ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106; (iii) if the incident is a cybersecurity incident and is covered by other review mechanisms; or (iv) in the case ; and (III) by striking In any such case and inserting the following: (B) Department of Defense investigations In the case of an incident described in subparagraph (A)(iv) ; and (E) by adding at the end the following: (5) Rulemaking The Secretary of State shall promulgate regulations defining the membership and operating procedures for the Security Review Committee and provide such guidance to the Chair and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . ; (2) in subsection (b)— (A) in the subsection heading, by striking Boards and inserting Security Review Committees ; and (B) by amending paragraph (1) to read as follows: (1) In general The Secretary of State shall convene an SRC not later than 60 days after the occurrence of an incident described in subsection (a)(1), or 60 days after the Department first becomes aware of such an incident, whichever is earlier, except that the 60-day period for convening an SRC may be extended for one additional 60-day period if the Secretary determines that the additional period is necessary. ; and (3) by amending subsection (c) to read as follows: (c) Congressional notification Whenever the Secretary of State convenes a Security Review Committee, the Secretary shall promptly inform the chair and ranking member of the Committee on Foreign Relations of the Senate and the chair and ranking member of the Committee on Foreign Affairs of the House of Representatives . . (e) Technical and conforming amendments Section 302 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4832 ) is amended— (1) in the section heading, by striking Accountability Review Board and inserting Security Review Committee ; and (2) by striking a Board each place such term appears and inserting a Security Review Committee . (f) Serious security incident investigation process Section 303 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4833 ) is amended to read as follows: 303. Serious Security Incident investigation process (a) Investigation process (1) Initiation upon reported incident A United States mission shall submit an initial report of a Serious Security Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident shall be initiated. (2) Investigation Not later than 10 days after the submission of a report pursuant to paragraph (1), the Secretary shall direct the Diplomatic Security Service to assemble an investigative team to investigate the incident and independently establish what occurred. Each investigation under this subsection shall cover— (A) an assessment of what occurred, who perpetrated or is suspected of having perpetrated the Serious Security Incident, and whether applicable security procedures were followed; (B) in the event the Serious Security Incident involved a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate security countermeasures were in effect based on known threat at the time of the incident; (C) if the incident involved an individual or group of officers, employees, or family members under Chief of Mission security responsibility conducting approved operations or movements outside the United States mission, an assessment of whether proper security briefings and procedures were in place and whether weighing of risk of the operation or movement took place; and (D) an assessment of whether the failure of any officials or employees to follow procedures or perform their duties contributed to the security incident. (3) Investigative team The investigative team assembled pursuant to paragraph (2) shall consist of individuals from the Diplomatic Security Service who shall provide an independent examination of the facts surrounding the incident and what occurred. The Secretary, or the Secretary’s designee, shall review the makeup of the investigative team for a conflict, appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace any members of the team to avoid such an outcome. (b) Report of investigation Not later than 90 days after the occurrence of a Serious Security Incident, the investigative team investigating the incident shall prepare and submit a Report of Investigation to the Security Review Committee that includes— (1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all related findings; (2) a complete and accurate account of the casualties, injuries, and damage resulting from the incident; and (3) a review of security procedures and directives in place at the time of the incident. (c) Confidentiality The investigative team investigating a Serious Security Incident shall adopt such procedures with respect to confidentiality as determined necessary, including procedures relating to the conduct of closed proceedings or the submission and use of evidence in camera, to ensure in particular the protection of classified information relating to national defense, foreign policy, or intelligence matters. The Director of National Intelligence shall establish the level of protection required for intelligence information and for information relating to intelligence personnel included in the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report prepared pursuant to section 304(b), and shall incorporate the same confidentiality measures in such report to the maximum extent practicable. . (g) Findings and recommendations of the Security Review Committee Section 304 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4834 ) is amended to read as follows: 304. Security Review Committee findings and report (a) Findings The Security Review Committee shall— (1) review the Report of Investigation prepared pursuant to section 303(b), and all other evidence, reporting, and relevant information relating to a Serious Security Incident at a United States mission abroad, including an examination of the facts and circumstances surrounding any serious injuries, loss of life, or significant destruction of property resulting from the incident; and (2) determine, in writing— (A) whether the incident was security related and constituted a Serious Security Incident; (B) if the incident involved a diplomatic compound, motorcade, residence, or other mission facility— (i) whether the security systems, security countermeasures, and security procedures operated as intended; and (ii) whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (C) if the incident involved an individual or group of officers conducting an approved operation outside the mission, whether a valid process was followed in evaluating the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty; (D) the impact of intelligence and information availability, and whether the mission was aware of the general operating threat environment or any more specific threat intelligence or information and took that into account in ongoing and specific operations; and (E) any other facts and circumstances that may be relevant to the appropriate security management of United States missions abroad. (b) Report (1) Submission to secretary of state Not later than 60 days after receiving the Report of Investigation prepared pursuant to section 303(b), the Security Review Committee shall submit a report to the Secretary of State that includes— (A) the findings described in subsection (a); and (B) any related recommendations. (2) Submission to Congress Not later than 90 days after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives . (c) Personnel recommendations If in the course of conducting an investigation under section 303, the investigative team finds reasonable cause to believe any individual described in section 303(a)(2)(D) has breached the duty of that individual or finds lesser failures on the part of an individual in the performance of his or her duties related to the incident, it shall be reported to the SRC. If the SRC find reasonable cause to support the determination, it shall be reported to the Secretary for appropriate action. . (h) Relation to other proceedings Section 305 of the Diplomatic Security Act of 1986 ( 22 U.S.C. 4835 ) is amended— (1) by inserting (a) No effect on existing remedies or defenses .— before Nothing in this title ; and (2) by adding at the end the following: (b) Future inquiries Nothing in this title may be construed to preclude the Secretary of State from convening a followup public board of inquiry to investigate any security incident if the incident was of such magnitude or significance that an internal process is deemed insufficient to understand and investigate the incident. All materials gathered during the procedures provided under this title shall be provided to any related board of inquiry convened by the Secretary. . IV A diverse workforce: recruitment, retention, and promotion 401. Report on barriers to applying for employment with the Department of State Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that— (1) identifies any barriers for applicants applying for employment with the Department; (2) provides demographic data of online applicants during the most recent 3 years disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; (3) assesses any barriers that exist for applying online for employment with the Department, disaggregated by race, ethnicity, gender, age, veteran status, disability, geographic region, and any other categories determined by the Secretary; and (4) includes recommendations for addressing any disparities identified in the online application process. 402. Collection, analysis, and dissemination of workforce data (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department. (b) Data The report required under subsection (a) shall include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law— (1) demographic data on each element of the workforce of the Department during the 5-year period ending on the date of the enactment of this Act, disaggregated by rank and grade or grade-equivalent, with respect to— (A) individuals hired to join the workforce; (B) individuals promoted, including promotions to and within the Senior Executive Service or the Senior Foreign Service; (C) individuals serving as special assistants in any of the offices of the Secretary of State, the Deputy Secretary of State, the Counselor of the Department of State, the Secretary’s Policy Planning Staff, the Under Secretary of State for Arms Control and International Security, the Under Secretary of State for Civilian Security, Democracy, and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under Secretary of State for Management, the Under Secretary of State for Political Affairs, and the Under Secretary of State for Public Diplomacy and Public Affairs; (D) individuals serving in each bureau’s front office; (E) individuals serving as detailees to the National Security Council; (F) individuals serving on applicable selection boards; (G) members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department; (H) individuals participating in professional development programs of the Department and the extent to which such participants have been placed into senior positions within the Department after such participation; (I) individuals participating in mentorship or retention programs; and (J) individuals who separated from the agency, including individuals in the Senior Executive Service or the Senior Foreign Service; (2) an assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003; and (3) data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and the percentages corresponding to each rank, grade, or grade equivalent. (c) Effectiveness of Department efforts The report required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department— (1) to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad; (2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas; (3) to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training; (4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault; (5) to provide reasonable accommodation for qualified employees and applicants with disabilities; and (6) to recruit a representative workforce by— (A) recruiting women, persons with disabilities, and minorities; (B) recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students; (C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities; (D) sponsoring and recruiting at job fairs in urban and rural communities and at land-grant colleges or universities; (E) providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 ( 22 U.S.C. 4141 et seq. ), and other hiring initiatives; (F) recruiting mid-level and senior-level professionals through programs designed to increase representation in international affairs of people belonging to traditionally under- represented groups; (G) offering the Foreign Service written and oral assessment examinations in several locations throughout the United States or via online platforms to reduce the burden of applicants having to travel at their own expense to take either or both such examinations; (H) expanding the use of paid internships; and (I) supporting recruiting and hiring opportunities through— (i) the Charles B. Rangel International Affairs Fellowship Program; (ii) the Thomas R. Pickering Foreign Affairs Fellowship Program; and (iii) other initiatives, including agencywide policy initiatives. (d) Annual report (1) In general Not later than 1 year after the publication of the report required under subsection (a), the Secretary of State shall submit a report to the appropriate congressional committees, and make such report available on the Department’s website, that includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law— (A) disaggregated demographic data, to the maximum extent that collection of such data is permissible by law, relating to the workforce and information on the status of diversity and inclusion efforts of the Department; (B) an analysis of applicant flow data, to the maximum extent that collection of such data is permissible by law; and (C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs. (2) Combination with other annual report The report required under paragraph (1) may be combined with another annual report required by law, to the extent practicable. 403. Centers of Excellence in Foreign Affairs and Assistance (a) Purpose The purposes of this section are— (1) to advance the values and interests of the United States overseas through programs that foster innovation, competitiveness, and a diversity of backgrounds, views, and experience in the formulation and implementation of United States foreign policy and assistance; and (2) to create opportunities for specialized research, education, training, professional development, and leadership opportunities for historically under-represented populations within the Department and USAID. (b) Study (1) In general The Secretary and the Administrator of USAID shall conduct a study on the feasibility of establishing Centers of Excellence in Foreign Affairs and Assistance (referred to in this section as the Centers of Excellence ) within institutions that serve historically underrepresented populations to focus on 1 or more of the areas described in paragraph (2). (2) Elements In conducting the study required under paragraph (1), the Secretary and the Administrator, respectively, shall consider— (A) opportunities to enter into public-private partnerships that will— (i) increase diversity in foreign affairs and foreign assistance Federal careers; (ii) prepare a diverse cadre of students (including nontraditional, mid-career, part-time, and heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution of United States foreign policy and assistance; (iii) support the conduct of research, education, and extension programs that reflect diverse perspectives and a wide range of views of world regions and international affairs— (I) to assist in the development of regional and functional foreign policy skills; (II) to strengthen international development and humanitarian assistance programs; and (III) to strengthen democratic institutions and processes in policymaking, including supporting public policies that engender equitable and inclusive societies and focus on challenges and inequalities in education, health, wealth, justice, and other sectors faced by diverse communities; (iv) enable domestic and international educational, internship, fellowship, faculty exchange, training, employment or other innovative programs to acquire or strengthen knowledge of foreign languages, cultures, societies, and international skills and perspectives; (v) support collaboration among institutions of higher education, including community colleges, nonprofit organizations, and corporations, to strengthen the engagement between experts and specialists in the foreign affairs and foreign assistance fields; and (vi) leverage additional public-private partnerships with nonprofit organizations, foundations, corporations, institutions of higher education, and the Federal Government; and (B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct of operations of such Centers of Excellence. (c) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains the findings of the study conducted pursuant to subsection (b). V Information security and cyber diplomacy 501. United States international cyberspace policy (a) In general It is the policy of the United States— (1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which— (A) promotes democracy, the rule of law, and human rights, including freedom of expression; (B) supports the ability to innovate, communicate, and promote economic prosperity; and (C) is designed to protect privacy and guard against deception, fraud, and theft; (2) to encourage and aid United States allies and partners in improving their own technological capabilities and resiliency to pursue, defend, and protect shared interests and values, free from coercion and external pressure; and (3) in furtherance of the efforts described in paragraphs (1) and (2)— (A) to provide incentives to the private sector to accelerate the development of the technologies referred to in such paragraphs; (B) to modernize and harmonize with allies and partners export controls and investment screening regimes and associated policies and regulations; and (C) to enhance United States leadership in technical standards-setting bodies and avenues for developing norms regarding the use of digital tools. (b) Implementation In implementing the policy described in subsection (a), the President, in consultation with outside actors, as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant stakeholders, in the conduct of bilateral and multilateral relations, shall strive— (1) to clarify the applicability of international laws and norms to the use of information and communications technology (referred to in this subsection as ICT ); (2) to reduce and limit the risk of escalation and retaliation in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical infrastructure that provides services to the public; (3) to cooperate with like-minded countries that share common values and cyberspace policies with the United States, including respect for human rights, democracy, and the rule of law, to advance such values and policies internationally; (4) to encourage the responsible development of new, innovative technologies and ICT products that strengthen a secure internet architecture that is accessible to all; (5) to secure and implement commitments on responsible country behavior in cyberspace, including commitments by countries— (A) to not conduct, or knowingly support, cyber-enabled theft of intellectual property, including trade secrets or other confidential business information, with the intent of providing competitive advantages to companies or commercial sectors; (B) to take all appropriate and reasonable efforts to keep their territories clear of intentionally wrongful acts using ICT in violation of international commitments; (C) not to conduct or knowingly support ICT activity that intentionally damages or otherwise impairs the use and operation of critical infrastructure providing services to the public, in violation of international law; (D) to take appropriate measures to protect the country's critical infrastructure from ICT threats; (E) not to conduct or knowingly support malicious international activity that harms the information systems of authorized emergency response teams (also known as computer emergency response teams or cybersecurity incident response teams ) of another country or authorize emergency response teams to engage in malicious international activity, in violation of international law; (F) to respond to appropriate requests for assistance to mitigate malicious ICT activity emanating from their territory and aimed at the critical infrastructure of another country; (G) to not restrict cross-border data flows or require local storage or processing of data; and (H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that the human rights that people have offline also need to be protected online; and (6) to advance, encourage, and support the development and adoption of internationally recognized technical standards and best practices. 502. Bureau of Cyberspace and Digital Policy (a) In general Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ), is amended— (1) by redesignating subsections (i) and (j) as subsection (j) and (k), respectively; (2) by redesignating subsection (h) (as added by section 361(a)(1) of division FF of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) as subsection (l); and (3) by inserting after subsection (h) the following: (i) Bureau of Cyberspace and Digital Policy (1) In general There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy (referred to in this subsection as the Bureau ). The head of the Bureau shall have the rank and status of ambassador and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties (A) In general The head of the Bureau shall perform such duties and exercise such powers as the Secretary of State shall prescribe, including implementing the policy described in section 501(a) of the Department of State Authorization Act of 2022 . (B) Duties described The principal duties and responsibilities of the head of the Bureau shall be— (i) to serve as the principal cyberspace policy official within the senior management of the Department of State and as the advisor to the Secretary of State for cyberspace and digital issues; (ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the Department of State’s diplomatic cyberspace, cybersecurity (including efforts related to data privacy, data flows, internet governance, information and communications technology standards, and other issues that the Secretary has assigned to the Bureau); (iii) to advance United States national security and foreign policy interests in cyberspace and to coordinate cyberspace policy and other relevant functions with the Department of State and with other components of the Federal Government; (iv) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally; (v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts to develop credible national capabilities, strategies, and policies to deter and counter cyber adversaries, and carry out the purposes of title V of the Department of State Authorization Act of 2022 ; (vi) to engage civil society, the private sector, academia, and other public and private entities on relevant international cyberspace and information and communications technology issues; (vii) to lead United States Government efforts to uphold and further develop global deterrence frameworks for malicious cyber activity; (viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to national security-level cyber incidents, including coordination on diplomatic response efforts to support allies and partners threatened by malicious cyber activity, in conjunction with members of the North Atlantic Treaty Organization and like-minded countries; (ix) to promote the building of foreign capacity relating to cyberspace policy priorities; (x) to promote an open, interoperable, reliable, and secure information and communications technology infrastructure globally and an open, interoperable, secure, and reliable internet governed by the multi-stakeholder model; (xi) to promote an international regulatory environment for technology investments and the internet that benefits United States economic and national security interests; (xii) to promote cross-border flow of data and combat international initiatives seeking to impose unreasonable requirements on United States businesses; (xiii) to promote international policies to protect the integrity of United States and international telecommunications infrastructure from foreign-based threats, including cyber-enabled threats; (xiv) to lead engagement, in coordination with relevant executive branch agencies, with foreign governments on relevant international cyberspace, cybersecurity, cybercrime, and digital economy issues described in title V of the Department of State Authorization Act of 2022 ; (xv) to promote international policies to secure radio frequency spectrum for United States businesses and national security needs; (xvi) to promote and protect the exercise of human rights, including freedom of speech and religion, through the internet; (xvii) to build capacity of United States diplomatic officials to engage on cyberspace issues; (xviii) to encourage the development and adoption by foreign countries of internationally recognized standards, policies, and best practices; (xix) to support efforts by the Global Engagement Center to counter cyber-enabled information operations against the United States or its allies and partners; and (xx) to conduct such other matters as the Secretary of State may assign. (3) Qualifications The head of the Bureau should be an individual of demonstrated competency in the fields of— (A) cybersecurity and other relevant cyberspace and information and communications technology policy issues; and (B) international diplomacy. (4) Organizational placement (A) Initial placement Except as provided in subparagraph (B), the head of the Bureau shall report to the Deputy Secretary of State. (B) Subsequent placement The head of the Bureau may report to an Under Secretary of State or to an official holding a higher position than Under Secretary if, not later than 15 days before any change in such reporting structure, the Secretary of State— (i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives ; and (ii) submits a report to such committees that— (I) indicates that the Secretary, with respect to the reporting structure of the Bureau, has consulted with and solicited feedback from— (aa) other relevant Federal entities with a role in international aspects of cyber policy; and (bb) the elements of the Department of State with responsibility for aspects of cyber policy, including the elements reporting to— (AA) the Under Secretary of State for Political Affairs; (BB) the Under Secretary of State for Civilian Security, Democracy, and Human Rights; (CC) the Under Secretary of State for Economic Growth, Energy, and the Environment; (DD) the Under Secretary of State for Arms Control and International Security Affairs; (EE) the Under Secretary of State for Management; and (FF) the Under Secretary of State for Public Diplomacy and Public Affairs; (II) describes the new reporting structure for the head of the Bureau and the justification for such new structure; and (III) includes a plan describing how the new reporting structure will better enable the head of the Bureau to carry out the duties described in paragraph (2), including the security, economic, and human rights aspects of cyber diplomacy. (5) Special hiring authorities The Secretary of State may— (A) appoint employees without regard to the provisions of title 5, United States Code, regarding appointments in the competitive service; and (B) fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title regarding classification and General Schedule pay rates. (6) Rule of construction Nothing in this subsection may be construed to preclude the head of the Bureau from being designated as an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1). . (b) Sense of Congress It is the sense of Congress that the Bureau established under section 1(i) of the State Department Basic Authorities Act of 1956, as added by subsection (a), should have a diverse workforce composed of qualified individuals, including individuals from traditionally underrepresented groups. (c) United Nations The Permanent Representative of the United States to the United Nations should use the voice, vote, and influence of the United States to oppose any measure that is inconsistent with the policy described in section 501(a). 503. International cyberspace and digital policy strategy (a) Strategy required Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, and in coordination with the heads of other relevant Federal departments and agencies, shall develop an international cyberspace and digital policy strategy. (b) Elements The strategy required under subsection (a) shall include— (1) a review of actions and activities undertaken to support the policy described in section 501(a); (2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including— (A) conducting bilateral and multilateral activities— (i) to develop and support the implementation of norms of responsible country behavior in cyberspace consistent with the objectives specified in section 501(b)(5); (ii) to reduce the frequency and severity of cyberattacks on United States individuals, businesses, governmental agencies, and other organizations; (iii) to reduce cybersecurity risks to United States and allied critical infrastructure; (iv) to improve allies’ and partners’ collaboration with the United States on cybersecurity issues, including information sharing, regulatory coordination and improvement, and joint investigatory and law enforcement operations related to cybercrime; and (v) to share best practices and advance proposals to strengthen civilian and private sector resiliency to threats and access to opportunities in cyberspace; and (B) reviewing the status of existing efforts in relevant multilateral fora, as appropriate, to obtain commitments on international norms regarding cyberspace; (3) a review of alternative concepts for international norms regarding cyberspace offered by foreign countries; (4) a detailed description of new and evolving threats regarding cyberspace from foreign adversaries, state-sponsored actors, and non-state actors to— (A) United States national security; (B) the Federal and private sector cyberspace infrastructure of the United States; (C) intellectual property in the United States; and (D) the privacy and security of citizens of the United States; (5) a review of the policy tools available to the President to deter and de-escalate tensions with foreign countries, state-sponsored actors, and private actors regarding— (A) threats in cyberspace; (B) the degree to which such tools have been used; and (C) whether such tools have been effective deterrents; (6) a review of resources required to conduct activities to build responsible norms of international cyber behavior; (7) a review to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department and other relevant Federal agencies are adequate to achieve the actions and activities undertaken to support the policy described in section 501(a); (8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies to achieve the objectives described in section 501(b); and (9) a plan of action, developed in consultation with relevant Federal departments and agencies as the President may direct, to guide the diplomacy of the Department with respect to the inclusion of cyber issues in mutual defense agreements. (c) Form of strategy (1) Public availability The strategy required under subsection (a) shall be available to the public in unclassified form, including through publication in the Federal Register. (2) Classified annex The strategy required under subsection (a) may include a classified annex. (d) Briefing Not later than 30 days after the completion of the strategy required under subsection (a), the Secretary shall brief the appropriate congressional committees regarding the strategy, including any material contained in a classified annex. (e) Updates The strategy required under subsection (a) shall be updated— (1) not later than 90 days after any material change to United States policy described in such strategy; and (2) not later than 1 year after the inauguration of each new President. 504. Government Accountability Office report on cyber diplomacy Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report and provide a briefing to the appropriate congressional committees that includes— (1) an assessment of the extent to which United States diplomatic processes and other efforts with foreign countries, including through multilateral fora, bilateral engagements, and negotiated cyberspace agreements, advance the full range of United States interests regarding cyberspace, including the policy described in section 501(a); (2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance the full range of United States interests regarding cyberspace, including a review of— (A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission; (B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau; (C) how the establishment of such Bureau has impacted or is likely to impact the structure and organization of the Department; and (D) what challenges, if any, the Department has faced or will face in establishing such Bureau; and (3) any other matters that the Comptroller General determines to be relevant. 505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the heads of other relevant Federal agencies, shall submit a report to the appropriate congressional committees that assesses the capabilities of the Department to provide civilian-led support for acute cyber incident response in ally and partner countries that includes— (1) a description and assessment of the Department's coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security; (2) recommendations on how to improve coordination and executive of Department involvement in programs or operations to support allies and partners in responding to acute cyber incidents; and (3) the budgetary resources, technical expertise, legal authorities, and personnel needed for the Department to formulate and implement the programs described in this section. 506. Cybersecurity recruitment and retention (a) Sense of Congress It is the sense of Congress that improving computer programming language proficiency will improve— (1) the cybersecurity effectiveness of the Department; and (2) the ability of foreign service officers to engage with foreign audiences on cybersecurity matters. (b) Technology talent acquisition (1) Establishment The Secretary shall establish positions within the Bureau of Global Talent Management that are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy. (2) Goals The goals of the positions described in paragraph (1) shall be— (A) to fulfill the critical need of the Department to recruit and retain employees for cybersecurity, digital, and technology positions; (B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries; (C) to work with the Office of Personnel Management and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology talent; and (D) to inform and train supervisors at the Department on the use of the authorities listed in subsection (c)(1). (3) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a plan to the appropriate congressional committees that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented. (4) Authorization of appropriations There is authorized to be appropriated $750,000 for each of the fiscal years 2023 through 2027 to carry out this subsection. (c) Annual report on hiring authorities Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development, artificial intelligence, critical and emerging technology, and technology and digital policy; (2) a list of which hiring authorities described in paragraph (1) have been used during the previous 5 years; (3) the number of employees in qualified positions hired, aggregated by position and grade level or pay band; (4) the number of employees who have been placed in qualified positions, aggregated by bureau and offices within the Department; (5) the rate of attrition of individuals who begin the hiring process and do not complete the process and a description of the reasons for such attrition; (6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are not interviewed by subject matter experts; and (7) recommendations for— (A) reducing the attrition rate referred to in paragraph (5) by 5 percent each year; (B) additional hiring authorities needed to acquire needed technology talent; (C) hiring personnel to hold public trust positions until such personnel can obtain the necessary security clearance; and (D) informing and training supervisors within the Department on the use of the authorities listed in paragraph (1). (d) Incentive pay for cybersecurity professionals To increase the number of qualified candidates available to fulfill the cybersecurity needs of the Department, the Secretary shall— (1) include computer programming languages within the Recruitment Language Program; and (2) provide appropriate language incentive pay. (e) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall provide a list to the appropriate congressional committees that identifies— (1) the computer programming languages included within the Recruitment Language Program and the language incentive pay rate; and (2) the number of individuals benefitting from the inclusion of such computer programming languages in the Recruitment Language Program and language incentive pay. 507. Short course on emerging technologies for senior officials (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing how the most recent and relevant technologies affect the activities of the Department. (b) Throughput objectives The Secretary should ensure that— (1) during the first year that the course developed pursuant to subsection (a) is offered, not fewer than 20 percent of senior officials are certified as having passed such course; and (2) in each subsequent year, until the date on which 80 percent of senior officials are certified as having passed such course, an additional 10 percent of senior officials are certified as having passed such course. 508. Establishment and expansion of Regional Technology Officer Program (a) Regional Technology Officer Program (1) Establishment The Secretary shall establish a program, which shall be known as the Regional Technology Officer Program (referred to in this section as the Program ). (2) Goals The goals of the Program shall include the following: (A) Promoting United States leadership in technology abroad. (B) Working with partners to increase the deployment of critical and emerging technology in support of democratic values. (C) Shaping diplomatic agreements in regional and international fora with respect to critical and emerging technologies. (D) Building diplomatic capacity for handling critical and emerging technology issues. (E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the United States through engagement with research labs, incubators, and venture capitalists. (F) Maintaining the advantages of the United States with respect to critical and emerging technologies. (b) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the appropriate congressional committees that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Regional Technology Officers and increasing the competitiveness of the Program within the Foreign Service bidding process; (3) expanding the Program to include a minimum of 15 Regional Technology Officers; and (4) assigning not fewer than 2 Regional Technology Officers to posts within— (A) each regional bureau of the Department; and (B) the Bureau of International Organization Affairs. (c) Annual briefing requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary shall brief the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). (d) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of the fiscal years 2023 through 2027 to carry out this section. 509. Vulnerability disclosure policy and bug bounty program report (a) Definitions In this section: (1) Bug bounty program The term bug bounty program means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation. (2) Information technology The term information technology has the meaning given such term in section 11101 of title 40, United States Code. (b) Vulnerability disclosure policy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy (referred to in this section as the VDP ) to improve Department cybersecurity by— (A) creating Department policy and infrastructure to receive reports of and remediate discovered vulnerabilities in line with existing policies of the Office of Management and Budget and the Department of Homeland Security Binding Operational Directive 20–01 or any subsequent directive; and (B) providing a report on such policy and infrastructure to Congress. (2) Annual reports Not later than 180 days after the establishment of the VDP pursuant to paragraph (1), and annually thereafter for the following 5 years, the Secretary shall submit a report on the VDP to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives that includes information relating to— (A) the number and severity of all security vulnerabilities reported; (B) the number of previously unidentified security vulnerabilities remediated as a result; (C) the current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans; (D) the average time between the reporting of security vulnerabilities and remediation of such vulnerabilities;. (E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation; (F) how the VDP identified vulnerabilities are incorporated into existing Department vulnerability prioritization and management processes; (G) any challenges in implementing the VDP and plans for expansion or contraction in the scope of the VDP across Department information systems; and (H) any other topic that the Secretary determines to be relevant. (c) Bug bounty program report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to Congress that describes any ongoing efforts by the Department or a third-party vendor under contract with the Department to establish or carry out a bug bounty program that identifies security vulnerabilities of internet- facing information technology of the Department. (2) Report Not later than 180 days after the date on which any bug bounty program is established, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Homeland Security of the House of Representatives regarding such program, including information relating to— (A) the number of approved individuals, organizations, or companies involved in such program, disaggregated by the number of approved individuals, organizations, or companies that— (i) registered; (ii) were approved; (iii) submitted security vulnerabilities; and (iv) received compensation; (B) the number and severity of all security vulnerabilities reported as part of such program; (C) the number of previously unidentified security vulnerabilities remediated as a result of such program; (D) the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans for such outstanding vulnerabilities; (E) the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities; (F) the types of compensation provided under such program; (G) the lessons learned from such program; (H) the public accessibility of contact information for the Department regarding the bug bounty program; (I) the incorporation of bug bounty program identified vulnerabilities into existing Department vulnerability prioritization and management processes; and (J) any challenges in implementing the bug bounty program and plans for expansion or contraction in the scope of the bug bounty program across Department information systems. VI Public diplomacy 601. United States participation in international fairs and expositions (a) In general Notwithstanding section 204 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 ( 22 U.S.C. 2452b ), and subject to subsection (b), amounts available under title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ), or under prior such Acts, may be made available to pay for expenses related to United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. (b) Limitation on solicitation of funds Senior employees of the Department, in their official capacity, may not solicit funds to pay expenses for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the Bureau of International Expositions. (c) Authorization of appropriations There is authorized to be appropriated $20,000,000 to the Department for United States participation in international fairs and expositions abroad, including for construction and operation of pavilions or other major exhibits. 602. Press freedom curriculum The Secretary shall ensure that there is a press freedom curriculum for the National Foreign Affairs Training Center that enables Foreign Service officers to better understand issues of press freedom and the tools that are available to help protect journalists and promote freedom of the press norms, which may include— (1) the historic and current issues facing press freedom, including countries of specific concern; (2) the Department’s role in promoting press freedom as an American value, a human rights issue, and a national security imperative; (3) ways to incorporate press freedom promotion into other aspects of diplomacy; and (4) existing tools to assist journalists in distress and methods for engaging foreign governments and institutions on behalf of individuals engaged in journalistic activity who are at risk of harm. 603. Global Engagement Center (a) In general Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note) is amended by striking the date that is 8 years after the date of the enactment of this Act and inserting December 31, 2027 . (b) Hiring authority for Global Engagement Center Notwithstanding any other provision of law, the Secretary, during the 5-year period beginning on the date of the enactment of this Act and solely to carry out the functions of the Global Engagement Center described in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 note), may— (1) appoint employees without regard to appointment in the competitive service; and (2) fix the basic compensation of such employees regarding classification and General Schedule pay rates. 604. Under Secretary for Public Diplomacy Section 1(b)(3) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a ) is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (F) coordinate the allocation and management of the financial and human resources for public diplomacy, including for— (i) the Bureau of Educational and Cultural Affairs; (ii) the Bureau of Global Public Affairs; (iii) the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs; (iv) the Global Engagement Center; and (v) the public diplomacy functions within the regional and functional bureaus. . VII Other matters 701. Supporting the employment of United States citizens by international organizations (a) In general The Secretary is authorized to promote the employment and advancement of United States citizens by international organizations and bodies, including by— (1) providing stipends, consultation, and analytical services to support United States citizen applicants; and (2) making grants for the purposes described in paragraph (1). (b) Using diplomatic programs funding To promote the employment of United States citizens by international organizations Amounts appropriated under the heading Diplomatic programs in any Act making appropriations for the Department of State, Foreign Operations, and Related Programs may be made available for grants, programs, and activities described in subsection (a). 702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations (a) Additional employees Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ), is amended by striking 30 and inserting 41 . (b) Health systems and resilience fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Health Systems and Resilience Fund . (2) Authorization of appropriations There is authorized to be appropriated to the Health Systems and Resilience Fund $10,000,000, which— (A) shall be used by USAID for global health activities in challenging environments and countries in crisis; and (B) shall remain available until expended. 703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council The United Nations Participation Act of 1945 ( 22 U.S.C. 287 et seq. ) is amended by adding at the end the following: 12. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council None of the funds authorized to be appropriated or otherwise made available to pay assessed and other expenses of international peacekeeping activities under this Act may be made available for an international peacekeeping operation that has not been expressly authorized by the United Nations Security Council. . 704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund The United States International Broadcasting Act of 1994 ( 22 U.S.C. 6201 et seq. ) is amended by inserting after section 306 ( 22 U.S.C. 6205 ) the following: 307. Grantee corporate boards of directors (a) In general The corporate board of directors of each grantee under this title— (1) shall be bipartisan; (2) shall have the sole responsibility to operate their respective grantees within the jurisdiction of their respective States of incorporation; (3) shall be composed of not fewer than 5 members and not more than 7 members, who shall be qualified individuals who are not employed in the public sector; and (4) shall appoint successors in the event of vacancies on their respective boards, in accordance with applicable bylaws. (b) Not Federal employees No employee of any grantee under this title may be a Federal employee. . 705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation Section 310 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6209 ) is repealed. 706. International broadcasting activities Section 305(a) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6204(a) ) is amended— (1) by striking paragraph (20); (2) by redesignating paragraphs (21), (22), and (23) as paragraphs (20), (21), and (22), respectively; and (3) in paragraph (20), as redesignated, by striking or between grantees, . 707. Global internet freedom (a) Statement of policy It is the policy of the United States to promote internet freedom through programs of the Department and USAID that preserve and expand the internet as an open, global space for freedom of expression and association, which shall be prioritized for countries— (1) whose governments restrict freedom of expression on the internet; and (2) that are important to the national interest of the United States. (b) Purpose and coordination with other programs Global internet freedom programming under this section— (1) shall be coordinated with other United States foreign assistance programs that promote democracy and support the efforts of civil society— (A) to counter the development of repressive internet-related laws and regulations, including countering threats to internet freedom at international organizations; (B) to combat violence against bloggers and other civil society activists who utilize the internet; and (C) to enhance digital security training and capacity building for democracy activists; (2) shall seek to assist efforts— (A) to research key threats to internet freedom; (B) to continue the development of technologies that provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used by authoritarian governments; and (C) to maintain the technological advantage of the Federal Government over the censorship techniques described in subparagraph (B); and (3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2023— (1) $75,000,000 to the Department and USAID, which shall be used to continue efforts to promote internet freedom globally, and shall be matched, to the maximum extent practicable, by sources other than the Federal Government, including the private sector; and (2) $49,000,000 to the United States Agency for Global Media (referred to in this section as the USAGM ) and its grantees, which shall be used for internet freedom and circumvention technologies that are designed— (A) for open-source tools and techniques to securely develop and distribute digital content produced by the USAGM and its grantees; (B) to facilitate audience access to such digital content on websites that are censored; (C) to coordinate the distribution of such digital content to targeted regional audiences; and (D) to promote and distribute such tools and techniques, including digital security techniques. (d) United States Agency for Global Media activities (1) Annual certification For any new tools or techniques authorized under subsection (c)(2), the Chief Executive Officer of the USGAM, in consultation with the President of the Open Technology Fund (referred to in this subsection as the OTF ) and relevant Federal departments and agencies, shall submit an annual certification to the appropriate congressional committees that verifies they— (A) have evaluated the risks and benefits of such new tools or techniques; and (B) have established safeguards to minimize the use of such new tools or techniques for illicit purposes. (2) Information sharing The Secretary may not direct programs or policy of the USAGM or the OTF, but may share any research and development with relevant Federal departments and agencies for the exclusive purposes of— (A) sharing information, technologies, and best practices; and (B) assessing the effectiveness of such technologies. (3) United states agency for global media The Chief Executive Officer of the USAGM, in consultation with the President of the OTF, shall— (A) coordinate international broadcasting programs and incorporate such programs into country broadcasting strategies, as appropriate; (B) solicit project proposals through an open, transparent, and competitive application process, including by seeking input from technical and subject matter experts; and (C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual language service prioritization review. (e) USAGM report Not later than 120 days after the date of the enactment of this Act, the Chief Executive Office of the USAGM shall submit a report to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the USAGM, including— (i) the efforts of the Office of Internet Freedom; and (ii) the efforts of the Open Technology Fund; (B) the capacity of internet censorship circumvention tools supported by the Office of Internet Freedom and grantees of the Open Technology Fund that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to the provision of the efforts described in clauses (i) and (ii) of subparagraph (A), including access to surge funding; and (2) successful examples from the Office of Internet Freedom and Open Technology Fund involving— (A) responding rapidly to internet shutdowns in closed societies; and (B) ensuring uninterrupted circumvention services for USAGM entities to promote internet freedom within repressive regimes. (f) Joint report Not later than 60 days after the date of the enactment of this Act, the Secretary and the Administrator of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that describes— (1) as of the date of the report— (A) the full scope of internet freedom programs within the Department and USAID, including— (i) Department circumvention efforts; and (ii) USAID efforts to support internet infrastructure; (B) the capacity of internet censorship circumvention tools supported by the Federal Government that are available for use by individuals in foreign countries seeking to counteract censors; and (C) any barriers to provision of the efforts enumerated in clauses (i) and (ii) of subsection (e)(1)(A), including access to surge funding; and (2) any new resources needed to provide the Federal Government with greater capacity to provide and boost internet access— (A) to respond rapidly to internet shutdowns in closed societies; and (B) to provide internet connectivity to foreign locations where the provision of additional internet access service would promote freedom from repressive regimes. (g) Security audits Before providing any support for open source technologies under this section, such technologies must undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner that is detrimental to the interest of the United States or to the interests of individuals and organizations benefitting from programs supported by such funding. (h) Surge (1) Authorization of appropriations Subject to paragraph (2), there is authorized to be appropriated, in addition to amounts otherwise made available for such purposes, $2,500,000 to support internet freedom programs in closed societies, including programs that— (A) are carried out in crisis situations by vetted entities that are already engaged in internet freedom programs; (B) involve circumvention tools; or (C) increase the overseas bandwidth for companies that received Federal funding during the previous fiscal year. (2) Certification Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until the Secretary has certified to the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national interest of the United States. (i) Defined term In this section, the term internet censorship circumvention tool means a software application or other tool that an individual can use to evade foreign government restrictions on internet access. 708. Arms Export Control Act alignment with the Export Control Reform Act Section 38(e) of the Arms Export Control Act ( 22 U.S.C. 2778(e) ) is amended— (1) by striking subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979, and by subsections (a) and (c) of section 12 of such Act and inserting subsections (c) and (d) of section 1760 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819 ), and by subsections (a)(1), (a)(2), (a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act ( 50 U.S.C. 4820 ) ; (2) by striking 11(c)(2)(B) of such Act and inserting 1760(c)(2) of such Act ( 50 U.S.C. 4819(c)(2) ) ; (3) by striking 11(c) of the Export Administration Act of 1979 and inserting section 1760(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4819(c) ) ; and (4) by striking $500,000 and inserting the greater of $1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed. . 709. Increasing the maximum annual lease payment available without approval by the Secretary Section 10(a) of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 301(a) ), is amended by striking $50,000 and inserting $100,000 . 710. Report on United States access to critical mineral resources abroad Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that details, with regard to the Department— (1) diplomatic efforts to ensure United States access to critical minerals acquired from outside of the United States that are used to manufacture clean energy technologies; and (2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies. 711. Ensuring the integrity of communications cooperation (a) Defined term In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Select Committee on Intelligence of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Permanent Select Committee on Intelligence of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives . (b) Determination Notwithstanding any other provision of law, not later than 15 days after any Chief of Mission determines that communications equipment provided by the United States Government to a foreign government has been used for a purpose other than the purpose for which the equipment was authorized, the Secretary shall submit to the appropriate congressional committees— (1) an unclassified notification that indicates that such an incident occurred and the country in which it occurred; and (2) a classified notification that describes the incident concerned, including a description of— (A) the Federal department or agency that provided the equipment; (B) the foreign entity or individual that used the equipment for unlawful purposes; and (C) how the equipment was used in an unlawful manner. 712. Congressional oversight, quarterly review, and authority relating to concurrence provided by chiefs of mission for the provision of support relating to certain United States Government operations (a) Notification required Not later than 30 days after the date on which a Chief of Mission provides concurrence for the provision of United States Government support to entities or individuals engaged in facilitating or supporting United States Government military- or security-related operations within the area of responsibility of the Chief of Mission, the Secretary shall notify the appropriate congressional committees of the provision of such concurrence. (b) Semiannual review, determination, and briefing required Not less frequently than every 180 days, the Secretary, in order to ensure that the support described in subsection (a) continues to align with United States foreign policy objectives and the objectives of the Department, shall— (1) conduct a review of any concurrence described in subsection (a) in effect as of the date of the review; (2) based on the review, determine whether to revoke any such concurrence pending further study and review; and (3) brief the appropriate congressional committees on the results of the review. (c) Revocation of concurrence If the Secretary determines to revoke any concurrence described in subsection (a) pursuant to a review conducted under subsection (b), the Secretary may revoke such concurrence. (d) Annual report required Not later than January 31 of each year, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A description of any support described in subsection (a) that was provided with the concurrence of a Chief of Mission during the calendar year preceding the calendar year in which the report is submitted. (2) An analysis of the effects of the support described in paragraph (1) on diplomatic lines of effort, including with respect to— (A) Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR) and associated Antiterrorism Assistance (ATA) programs; (B) International Narcotics Control and Law Enforcement (INCLE) programs; and (C) Foreign Military Sales (FMS), Foreign Military Financing (FMF), and associated training programs. 713. Provision of parking services and retention of parking fees The Secretary of State may— (1) provide parking services, including electric vehicle charging and other parking services, in facilities operated by or for the Department; and (2) charge fees for such services that may be deposited into the appropriate account of the Department, to remain available until expended for the purposes of such account. 714. Diplomatic reception areas (a) Defined term In this section, the term reception areas has the meaning given such term in section 41(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(c) ). (b) In general The Secretary may sell goods and services and use the proceeds of such sales for administration and related support of the reception areas consistent with section 41(a) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2713(a) ). (c) Amounts collected Amounts collected pursuant to the authority provided under subsection (b) may be deposited into an account in the Treasury, to remain available until expended. 715. Consular and border security programs visa services cost recovery proposal Section 103 of the Enhanced Border Security and Visa Entry Reform Act of 2002 ( 8 U.S.C. 1713 ) is amended— (1) in subsection (b)— (A) by inserting or surcharge after machine-readable visa fee ; and (B) by adding at the end the following: The amount of the machine-readable visa fee or surcharge under this subsection may also account for the cost of other consular services that are not otherwise subject to a fee or surcharge retained by the Department of State. ; and (2) in subsection (d), by inserting or surcharges after amounts collected as fees . VIII Extension of authorities 801. Consulting services Any consulting services through procurement contracts shall be limited to contracts in which such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 802. Diplomatic facilities For the purposes of calculating the costs of providing new United States diplomatic facilities in any fiscal year, in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares for such fiscal year in a manner that is proportional to the contribution of the Department of State for this purpose. 803. Extension of existing authorities (a) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by striking September 30, 2010 and inserting September 30, 2023 . (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023 . (3) USAID civil service annuitant waiver Section 625(j)(1)(B) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1)(B) ) shall be applied by striking October 1, 2010 and inserting September 30, 2023 . (4) Overseas pay comparability and limitation (A) In general The authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) Limitation The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 )— (A) shall remain in effect through September 30, 2023; and (B) may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (6) Accountability review boards The authority provided under section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan and shall apply to facilities in Ukraine through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the appropriate congressional committees, the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives . (7) Department of State Inspector General waiver authority The Inspector General of the Department may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ), on a case-by-case basis, for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (b) Extension of procurement authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect until September 30, 2023. 804. War reserves stockpile and military training report (a) Extension of war reserves stockpile authority Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ; 118 Stat. 1011) is amended by striking of this section and all that follows through the period at the end and inserting of this section after September 30, 2023. . (b) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated under section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally. Such third-country training shall be clearly identified in the report submitted pursuant to such section 656. | https://www.govinfo.gov/content/pkg/BILLS-117s4653is/xml/BILLS-117s4653is.xml |
117-s-4654 | II 117th CONGRESS 2d Session S. 4654 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Hassan (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to incentivize States, Indian Tribes, and Territories to close disaster recovery projects by authorizing the use of excess funds for management costs for other disaster recovery projects.
1. Short title This Act may be cited as the Disaster Management Costs Modernization Act . 2. Use of excess funds for management costs (a) In general Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165b ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Use of excess funds for management costs (1) Definition In this subsection, the term excess funds for management costs means the difference between— (A) the amount of the applicable specific management costs authorized under subsection (b); and (B) as of the date on which the incident is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A). (2) Availability of excess funds for management costs The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs. (3) Use of funds Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for activities associated with building capacity to respond to or recover from the types of incidents for which assistance may be made available under section 403, 404, 406, 407, or 502 and to provide such assistance, including for providing training and other activities associated with any major disaster or emergency declaration, or to otherwise prepare for such an incident. (4) Availability Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2). . (b) Applicability The amendments made by subsection (a) shall apply with respect to any incident for which a major disaster or emergency is declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 , 5191) that is open on, or occurs on or after, the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4654is/xml/BILLS-117s4654is.xml |
117-s-4655 | II 117th CONGRESS 2d Session S. 4655 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Grassley (for himself, Mr. Durbin , Mr. Hawley , Mr. Whitehouse , Mrs. Blackburn , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to permit the Merit Systems Protection Board to hear certain cases relating to allegations of certain reprisals by employees of the Federal Bureau of Investigation.
1. Short title This Act may be cited as the Federal Bureau of Investigations Whistleblower Protection Enhancement Act . 2. Appeals to Merit Systems Protection Board relating to FBI reprisal allegations Section 2303 of title 5, United States Code, is amended by adding at the end the following: (d) (1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221. (2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221. . | https://www.govinfo.gov/content/pkg/BILLS-117s4655is/xml/BILLS-117s4655is.xml |
117-s-4656 | II 117th CONGRESS 2d Session S. 4656 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Peters introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reauthorize and amend the Homeland Security Act of 2002 to create stronger accountability mechanisms for Joint Task Forces.
1. Short title This Act may be cited as the DHS Joint Task Forces Reauthorization Act of 2022 . 2. Amending section 708 of the Homeland Security Act of 2002 Section 708(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 348(b) ) is amended— (1) by striking paragraph (8) and inserting the following: (8) Joint Task Force staff (A) In general Each Joint Task Force shall have a staff, composed of officials from relevant components and offices of the Department, to assist the Director of that Joint Task Force in carrying out the mission and responsibilities of that Joint Task Force. (B) Report The Secretary shall include in the report submitted under paragraph (6)(F)— (i) the number of personnel permanently assigned to each Joint Task Force by each component and office; and (ii) the number of personnel assigned on a temporary basis to each Joint Task Force by each component and office. ; (2) in paragraph (9)— (A) in the heading, by inserting Strategy and of after Establishment of ; (B) by striking subparagraph (A) and inserting the following: (A) using leading practices in performance management and lessons learned by other law enforcement task forces and joint operations, establish a strategy for each Joint Task Force that contains— (i) the mission of each Joint Task Force and strategic goals and objectives to assist the Joint Task Force in accomplishing that mission; and (ii) outcome-based and other appropriate performance metrics to evaluate the effectiveness of each Joint Task Force and measure progress towards the goals and objectives described in clause (i), which include— (I) targets for current and future fiscal years; and (II) a description of the methodology used to establish those metrics and any limitations with respect to data or information used to assess performance. ; (C) in subparagraph (B)— (i) by striking enactment of this section and insert enactment of the DHS Joint Task Forces Reauthorization Act of 2022 ; (ii) by inserting strategy and after Senate the ; and (iii) by striking the period at the end and inserting a semicolon; and (D) by striking subparagraph (C) and inserting the following: (C) beginning not later than 1 year after the date of enactment of the DHS Joint Task Forces Reauthorization Act of 2022, submit annually to each committee specified in subparagraph (B) a report that— (i) contains the evaluation described in subparagraphs (A) and (B); and (ii) outlines the progress in implementing outcome-based and other performance metrics referred to in subparagraph (A)(ii). ; (3) in paragraph (11)(A), by striking the period at the end and inserting the following: , which shall include— (i) the justification, focus, and mission of the Joint Task Force; and (ii) a strategy for the conduct of the Joint Task Force, including goals and performance metrics for the Joint Task Force. ; (4) in paragraph (12)— (A) in subparagraph (A), by striking January 31, 2018, and January 31, 2021, the Inspector General of the Department and inserting 1 year after the date of enactment of the DHS Joint Task Forces Reauthorization Act of 2022, the Comptroller General of the United States ; and (B) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: (i) an assessment of the structure of each Joint Task Force; (ii) an assessment of the effectiveness of oversight over each Joint Task Force; (iii) an assessment of the strategy of each Joint Task Force; and (iv) an assessment of staffing levels and resources of each Joint Task Force. ; and (5) in paragraph (13), by striking 2022 and inserting 2024 . | https://www.govinfo.gov/content/pkg/BILLS-117s4656is/xml/BILLS-117s4656is.xml |
117-s-4657 | II 117th CONGRESS 2d Session S. 4657 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Cortez Masto (for herself, Mr. Menendez , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to establish a grant program to fund qualified investor advocacy clinics, and for other purposes.
1. Short title This Act may be cited as the Investor Justice Act of 2022 . 2. Grants to qualified investor advocacy clinics Section 4(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78d(g) ) is amended by adding at the end the following: (9) Grants to qualified investor advocacy clinics (A) Definitions In this paragraph: (i) Qualified investor advocacy clinic The term qualified investor advocacy clinic means an entity that— (I) provides, or will provide, free representation to investors with claims of less than $100,000 (as such amount is annually adjusted by the Investor Advocate to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) in securities arbitrations and mediations before a registered national securities association (with exceptions to the requirements of this subclause authorized to be made by the Investor Advocate on a case-by-case basis); and (II) is or will be sponsored, offered, or run by— (aa) a clinical program at, or partnering with, an American Bar Association accredited law school; or (bb) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (ii) Qualified representative The term qualified representative means any individual authorized to represent investors before a registered national securities association. (B) Grant authority The Commission, acting through the Investor Advocate, may make grants, on a competitive basis, to qualified investor advocacy clinics in accordance with this paragraph. (C) Applications To be eligible for a grant under subparagraph (B), a qualified investor advocacy clinic shall submit to the Commission an application at such time, in such form, and containing such information as the Commission may require, including information with respect to— (i) the number of investors in the geographical area served by the clinic; (ii) other similar entities serving the same population; (iii) the quality of the program offered by the clinic, including— (I) the qualifications of the administrators and qualified representatives of the clinic; and (II) the record of the clinic, if any, in providing legal and educational services to investors with low dollar value claims in arbitrations and mediations; and (iv) funding sources available to the clinic, including— (I) amounts received from other grants and contributions; and (II) the endowment and resources of any institution sponsoring the clinic. (D) Grant uses A qualified investor advocacy clinic to which a grant is made under subparagraph (B) may only use the grant funds for the development, expansion, or continuation of the qualified investor advocacy clinic. (E) Detail of Federal agency employees (i) In general Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that Federal agency to the Commission to assist the Commission in carrying out the functions of the Commission under this paragraph. (ii) No interruption of status The detail of any personnel under clause (i) shall be without interruption or loss of civil service status or privilege. (F) Transparency A qualified investor advocacy clinic to which a grant is made under subparagraph (B) shall submit to the Commission a detailed accounting of the use of the grant funds at such time, in such form, and containing such information as the Commission may require. (G) Limitations (i) Aggregate limitation The aggregate amount of grants made under subparagraph (B) during a fiscal year may not exceed $5,000,000 (as such amount is annually adjusted by the Investor Advocate to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor). (ii) Single clinic limitation In making grants under subparagraph (B), the Commission may not make, during a fiscal year, more than $150,000 (as such amount is annually adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) in grants to any single qualified investor advocacy clinic. (iii) Federal share The Federal share of the cost of activities carried out using a grant made under subparagraph (B) may not exceed 50 percent. (iv) Multi-year grants (I) In general In making grants under subparagraph (B), the Commission may make multi-year grants. (II) Limitation A multi-year grant made under this clause may not be made for a period exceeding 3 years. (H) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s4657is/xml/BILLS-117s4657is.xml |
117-s-4658 | II 117th CONGRESS 2d Session S. 4658 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to support apprenticeship programs.
1. Short title This Act may be cited as the Student Apprenticeship Act of 2022 . 2. Apprenticeship programs Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. ) is amended by adding at the end the following: F Apprenticeship programs 791. Grants to support apprenticeship programs (a) Definitions In this section: (1) Apprenticeship program The term apprenticeship program means a program that is registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), as of the date of enactment of this Act, and is in compliance with the regulations promulgated to carry out the Act of August 16, 1937, under part 29 of title 29, Code of Federal Regulations, as in effect on the date of enactment of this Act. (2) Postsecondary apprenticeship program The term postsecondary apprenticeship program means an apprenticeship program— (A) that meets the requirements of a recognized postsecondary credential conferred by an institution of higher education; and (B) established by the relevant State agency in the State where the program is delivered. (3) Recognized postsecondary credential The term recognized postsecondary credential means— (A) a credential consisting of an industry-recognized certificate that is credit-bearing toward a postsecondary degree at the institution of higher education from which it is conferred; (B) an associate degree; or (C) a baccalaureate degree. (4) Student apprentice The term student apprentice means an individual who is— (A) enrolled or accepted for enrollment at an institution of higher education for the purpose of obtaining a recognized postsecondary credential offered by that institution and is a participant in a postsecondary apprenticeship program; and (B) a worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation, as described in section 29.4 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), under standards of apprenticeship fulfilling the requirements of section 29.5 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Workforce intermediary The term workforce intermediary — (A) means an entity, which may be part of an industry or sector partnership, that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships in order for the entity to broker services, resources, and supports for development, delivery, expansion, or improvement of postsecondary apprenticeship programs, and of the organizations and systems that are designed to serve covered student apprentices and employer partners, including— (i) connecting employers to apprenticeship opportunities; (ii) assisting in the design and implementation of postsecondary apprenticeship programs, including curriculum development and delivery for related instruction; (iii) supporting entities, and sponsors or program administrators, in meeting the registration and reporting requirements; (iv) providing professional development activities such as training to mentors; (v) connecting students or workers to apprenticeship opportunities; and (vi) developing and providing personalized covered apprentice supports, including supportive services and financial advising; and (B) includes a State workforce development board or local workforce development board, as established under title I of the Workforce Innovation and Opportunity Act, or State workforce agency. (b) Grant program (1) In general The Secretary, in collaboration with the Secretary of Labor, shall award grants to eligible partnerships to enable the partnerships to develop and implement a postsecondary apprenticeship program. (2) Duration Grants awarded under this section shall be 4 or 5 years in duration. (3) Eligible partnership (A) In general In this section, the term eligible partnership means a partnership that— (i) shall include— (I) an institution of higher education or a consortium of such institutions; (II) an individual employer or consortium of employers; and (III) a workforce intermediary, unless waived by the Secretary because the partnership demonstrates that a high-quality program is in place or it would be a hardship to include a workforce intermediary; and (ii) may include— (I) a State agency responsible for the administration of career and technical education in the State or for the supervision of the administration of career and technical education in the State; (II) a labor organization; (III) an economic development agency or organization, such as a chamber of commerce, business alliance, or industry association; (IV) a community-based organization; (V) a State educational agency; or (VI) a local educational agency. (B) Fiscal agent The lead fiscal agent of an eligible partnership shall be any of the following: (i) An institution of higher education. (ii) An industry association. (iii) A workforce intermediary that is an entity that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (4) Application (A) In general An eligible partnership that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (B) Inclusions An application submitted under subparagraph (A) shall include— (i) a plan to recruit and retain a high number or high percentage of participants who are from nontraditional apprenticeship populations, including women, minorities, individuals with disabilities, veterans, and individuals with barriers to employment, such as opportunity youth, low-income youth and adults, young adults and adults of color, and individuals who have been impacted by the criminal justice system; (ii) letters of support and a labor market analysis that demonstrate that the occupation for which the program prepares participants— (I) is feasible and in demand; (II) is a high-growth, high-wage occupation; or (III) is a response to in-demand industry sectors or occupations as determined by the State or local workforce boards; (iii) a plan for reaching desired outcomes, as described in paragraph (7); (iv) a plan for ensuring that the partnership has the capacity to access data to measure desired outcomes and the outcomes described in clause (v); and (v) a plan for— (I) increasing associate or baccalaureate degree and credential attainment; (II) sustaining the program for at least 20 months beyond the grant period; and (III) including a provider of support or specialized services, such as financial counseling. (C) Description of instruction In addition to the information described in subparagraph (B), an application submitted under subparagraph (A) shall include a description of the organized, related instruction the apprentice will receive in technical subjects related to the occupation for which the program prepares participants, which— (i) shall include not less than 2000 hours of on the job learning and a recommended 144 hours for each year (with an allowance for a student to spread it out over 2 years) of related technical instruction unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary; (ii) may be accomplished through credit-bearing classroom instruction, occupational or industry courses, successful demonstration of acquired skills and knowledge as part of an approved competency-based program, instruction provided through electronic media, or other instruction approved by the registration agency; (iii) shall be provided by one or more qualified instructors who— (I) (aa) meet the career technical education instructor requirements of the applicable education agency of the State of registration; or (bb) are subject matter experts, defined for purposes of this subparagraph as individuals (including journeyworkers) recognized within an industry as having expertise in a specific occupation; and (II) have training in teaching techniques and learning styles or will obtain such training before an instructor begins providing the related technical instruction; and (iv) shall, to the maximum extent practicable, be aligned to a career pathway, as defined in section 3 of the Workforce Innovation and Opportunity Act. (5) Selection The Secretary shall, in selecting eligible partnerships to receive grants under this section— (A) consider the equitable geographic distribution of grants among rural and urban areas; and (B) leverage significant State, local, institutional, or private resources, including in-kind contributions, to support the activities assisted under this section. (6) Use of grant funds (A) In general An eligible partnership that receives a grant under this section shall use the grant funds to develop and implement a postsecondary apprenticeship program in high-skill, high-wage, or in-demand industry sectors or occupations. (B) Permissible use of funds An eligible partnership that receives a grant under this section to develop and implement a postsecondary apprenticeship program may use the grant funds for any of the following: (i) Program design and implementation costs, including— (I) development of curricula and standards; (II) development of a competency-based approach to awarding credits; and (III) use of subject matter experts in instructional delivery or curriculum design. (ii) Development of on-the-job learning, mentoring, and additional supervision structures and professional development for mentors and supervisors. (iii) Tuition for the related instruction of the apprenticeship. (iv) Development of articulation agreements with institutions of higher education that result in awarding an associate's or higher degree. (v) Assessment of prior learning for the purpose of awarding credit. (vi) Certifying examinations. (vii) Recruitment of student apprentices or students participating in concurrent postsecondary programs while in high school. (viii) Need-based supportive services, including tutoring, transportation, child care, and housing subsidies. (ix) Not more than 20 percent of grant funds for the purchase of updated equipment. (x) Not more than 10 percent of grant funds for administrative functions, such as program management and grant reporting. (xi) Aligning data reporting for academic programs and apprenticeships. (C) Wages An eligible partnership that receives a grant under this section— (i) may not use any of the grant funds directly to pay wages to a student apprentice; and (ii) shall ensure that any wages paid to a student apprentice under the postsecondary apprenticeship program are not less than $15 an hour . (7) Assessment An eligible partnership that receives a grant under this section shall monitor and report on the following participant-level outcomes: (A) With respect to interim outcomes— (i) the number of student apprentices in the program; (ii) the percentage of participants who are from nontraditional apprenticeship populations, including women, historically underrepresented groups, individuals with disabilities, veterans, and individuals with barriers to employment; (iii) outcomes for the participants described in clause (ii); (iv) the accumulation of postsecondary credit; (v) the attainment of a recognized postsecondary credential; and (vi) wage increases realized during the course of the apprenticeship. (B) Completions— (i) that are on time, disaggregated by credit, credential, or degree received; and (ii) that are within 150 percent of the expected time of completion, disaggregated by credit, credential, or degree received. (C) With respect to end-of-program outcomes for both participants who complete the program and participants who do not complete the program each of the following: (i) The accumulation of postsecondary credit toward a degree reported not later than one year after the end of the grant period. (ii) The share of enrolled students who attain a postsecondary degree reported not later than one year after the end of the grant period. (iii) The share of enrolled students who attain a recognized postsecondary credential reported not later than one year after the end of the grant period. (iv) Subsequent enrollment in advanced education, disaggregated by level. (v) Whether the place of employment for participants aligns with area of study disaggregated by students who completed the program and students who did not complete the program reported not later than one year after the end of the grant period. Such data may be collected through a survey. (vi) Unsubsidized employment rate after the second quarter after exit from the program. (vii) Unsubsidized employment rate after the fourth quarter after exit from the program. (viii) Median earnings after the second and fourth quarters after exit from the program. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2023 and each of the 5 succeeding fiscal years. . 3. Federal Work Study funding Section 442 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–52 ) is amended by adding at the end the following: (f) Funding for student apprentices (1) In general Notwithstanding any other provision of this part— (A) the postsecondary apprenticeship program of a student apprentice (as defined in section 791) shall qualify as a work-study program that is eligible for assistance under this part; and (B) funds appropriated to carry out this part may be used by the Secretary to pay the tuition of such student apprentices except that Federal work study should not supplant the wages of student apprentices. (2) Pell grant eligibility A student apprentice who is a participant in a postsecondary apprenticeship program that qualifies as a work-study program under this part and is otherwise eligible to receive a Federal Pell Grant under subpart 1 of part A may receive a Federal Pell Grant for enrollment at the institution of higher education that awards the recognized postsecondary credential that is a part of such postsecondary apprenticeship program. (3) Credit for apprentices A student apprentice who is a participant in a postsecondary apprenticeship program that qualifies as a work-study program under this part shall receive credit toward a postsecondary degree for such participation. (4) Compensation A student apprentice who is a participant in a postsecondary apprenticeship program that qualifies as a work-study program under this part shall receive pay for work in the postsecondary apprenticeship program that is not less than $15 an hour. . | https://www.govinfo.gov/content/pkg/BILLS-117s4658is/xml/BILLS-117s4658is.xml |
117-s-4659 | II 117th CONGRESS 2d Session S. 4659 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF LABOR Employment and training administration TRAINING AND EMPLOYMENT SERVICES For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as WIOA ) and the National Apprenticeship Act, $4,083,437,000, plus reimbursements, shall be available. Of the amounts provided: (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,959,332,000 as follows: (A) $885,649,000 for adult employment and training activities, of which $173,649,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $712,000,000 shall be available for the period October 1, 2023 through June 30, 2024; (B) $958,130,000 for youth activities, which shall be available for the period April 1, 2023 through June 30, 2024; and (C) $1,115,553,000 for dislocated worker employment and training activities, of which $255,553,000 shall be available for the period July 1, 2023 through June 30, 2024, and of which $860,000,000 shall be available for the period October 1, 2023 through June 30, 2024: Provided, That the funds available for allotment to outlying areas to carry out subtitle B of title I of the WIOA shall not be subject to the requirements of section 127(b)(1)(B)(ii) of such Act: Provided further, That notwithstanding the requirements of WIOA, outlying areas may submit a single application for a consolidated grant that awards funds that would otherwise be available to such areas to carry out the activities described in subtitle B of title I of the WIOA: Provided further, That such application shall be submitted to the Secretary of Labor (referred to in this title as Secretary ), at such time, in such manner and containing such information as the Secretary may require: Provided further, That outlying areas awarded a consolidated grant described in the preceding provisos may use the funds for any of the programs and activities authorized under such subtitle B of title I of the WIOA subject to approval of the application and such reporting requirements issued by the Secretary; and (2) for national programs, $1,124,105,000 as follows: (A) $330,859,000 for the dislocated workers assistance national reserve, of which $130,859,000 shall be available for the period July 1, 2023 through September 30, 2024, and of which $200,000,000 shall be available for the period October 1, 2023 through September 30, 2024: Provided , That funds provided to carry out section 132(a)(2)(A) of the WIOA may be used to provide assistance to a State for statewide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further , That funds provided to carry out sections 168(b) and 169(c) of the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance to new entrants in the workforce and incumbent workers: Provided further , That notwithstanding section 168(b) of the WIOA, of the funds provided under this subparagraph, the Secretary may reserve not more than 10 percent of such funds to provide technical assistance and carry out additional activities related to the transition to the WIOA: Provided further , That of the funds provided under this subparagraph, $120,000,000 shall be for training and employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section) and 170 of the WIOA as follows: (i) $50,000,000 shall be for workers in the Appalachian region, as defined by 40 U.S.C. 14102(a)(1) , workers in the Lower Mississippi, as defined in section 4(2) of the Delta Development Act ( Public Law 100–460 , 102 Stat. 2246; 7 U.S.C. 2009aa(2) ), and workers in the region served by the Northern Border Regional Commission, as defined by 40 U.S.C. 15733 ; (ii) $50,000,000 shall be for the purpose of developing, offering, or improving educational or career training programs at community colleges, defined as public institutions of higher education, as described in section 101(a) of the Higher Education Act of 1965 and at which the associate’s degree is primarily the highest degree awarded, with other eligible institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, eligible to participate through consortia, with community colleges as the lead grantee: Provided , That the Secretary shall follow the requirements for the program in House Report 116–62: Provided further , That any grant funds used for apprenticeships shall be used to support only apprenticeship programs registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA; (iii) $10,000,000 shall be for grants for developing and implementing innovative strategies to significantly expand, stabilize, and retain direct support workers who provide home and community-based services to people with disabilities and older adults; and (iv) $10,000,000 shall be for training and employment assistance for workers in communities that have experienced job losses due to dislocations in the coal industry; (B) $60,000,000 for Native American programs under section 166 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; (C) $96,711,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $89,315,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $6,556,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $840,000 for other discretionary purposes, which shall be available for the period April 1, 2023 through June 30, 2024: Provided , That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services: Provided further , That notwithstanding the definition of eligible seasonal farmworker in section 167(i)(3)(A) of the WIOA relating to an individual being low-income , an individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under that definition if, in addition to meeting the requirements of clauses (i) and (ii) of section 167(i)(3)(A), such individual is a member of a family with a total family income equal to or less than 150 percent of the poverty line; (D) $113,000,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024; (E) $125,000,000 for ex-offender activities, under the authority of section 169 of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024: Provided , That of this amount, $25,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare for employment young adults with criminal legal histories, young adults who have been justice system-involved, or young adults who have dropped out of school or other educational programs, with a priority for projects serving high-crime, high-poverty areas; (F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2023 through June 30, 2024; (G) $300,000,000 to expand opportunities through apprenticeships only registered under the National Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA, to be available to the Secretary to carry out activities through grants, cooperative agreements, contracts and other arrangements, with States and other appropriate entities, including equity intermediaries and business and labor industry partner intermediaries, which shall be available for the period July 1, 2023 through June 30, 2024; and (H) $92,535,000 for carrying out Demonstration and Pilot projects under section 169(c) of the WIOA, which shall be available for the period April 1, 2023 through June 30, 2024, in addition to funds available for such activities under subparagraph (A) for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided , That such funds may be used for projects that are related to the employment and training needs of dislocated workers, other adults, or youth: Provided further , That the 10 percent funding limitation under such section shall not apply to such funds: Provided further , That section 169(b)(6)(C) of the WIOA shall not apply to such funds: Provided further , That sections 102 and 107 of this Act shall not apply to such funds. JOB CORPS (INCLUDING TRANSFER OF FUNDS) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,773,655,000, plus reimbursements, as follows: (1) $1,603,325,000 for Job Corps Operations, which shall be available for the period July 1, 2023 through June 30, 2024: Provided, That the Secretary may transfer up to 3 percent of such funds for construction, rehabilitation, and acquisition of Job Corps Centers pursuant to paragraph (2): Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 30, 2026: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; (2) $135,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2023 through June 30, 2026, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided, That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies pursuant to paragraph (1): Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 30, 2023: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $35,330,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2022 through September 30, 2023: Provided, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps Centers. COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA ), $405,000,000, which shall be available for the period April 1, 2023 through June 30, 2024, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES For payments during fiscal year 2023 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, and sections 405(a) and 406 of the Trade Preferences Extension Act of 2015, $494,400,000 together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2023: Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the Trade Act of 1974 ( 19 U.S.C. 2317(c) ): Provided further, That the termination provisions in sections 246(b) and 285(a) of the Trade Act of 1974, as amended, including the application of those provisions described in paragraphs (4) and (7) of section 406(a) of the Trade Preferences Extension Act of 2015, shall not apply. STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS (INCLUDING TRANSFER OF FUNDS) For authorized administrative expenses, $89,066,000, together with not to exceed $3,998,084,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund ), of which— (1) $3,184,635,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $375,000,000 to carry out reemployment services and eligibility assessments under section 306 of such Act, any claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments: Provided , That of such amount, $117,000,000 is specified for grants under section 306 of the Social Security Act and is provided to meet the terms of a concurrent resolution on the budget, and $258,000,000 is additional new budget authority specified for purposes of a concurrent resolution on the budget; and $9,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523 , and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011, sections 405(a) and 406 of the Trade Preferences Extension Act of 2015 (except that the termination provisions in sections 246(b) and 285(a) of the Trade Act of 1974, as amended, including the application of those provisions described in paragraphs (4) and (7) of section 406 of the Trade Preferences Extension Act of 2015, shall not apply), and shall be available for obligation by the States through December 31, 2023, except that funds used for automation shall be available for Federal obligation through December 31, 2023, and for State obligation through September 30, 2025, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 2029, and for expenditure through September 30, 2030, and funds for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall be available for Federal obligation through December 31, 2023 (except that funds for outcome payments pursuant to section 306(f)(2) of the Social Security Act shall be available for Federal obligation through March 31, 2024), and for obligation by the States through September 30, 2025, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2024, and funds used for unemployment insurance workloads experienced through September 30, 2023 shall be available for Federal obligation through December 31, 2023; (2) $36,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $663,639,000 from the Trust Fund, together with $21,413,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2023 through June 30, 2024; (4) $25,000,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986 (including assisting States in adopting or modernizing information technology for use in the processing of certification requests), and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $88,810,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $64,528,000 shall be available for the Federal administration of such activities, and $24,282,000 shall be available for grants to States for the administration of such activities; and (6) $67,653,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and shall be available for Federal obligation for the period July 1, 2023 through June 30, 2024, of which up to $9,800,000 may be used to carry out research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided , That the Secretary may transfer amounts made available for research and demonstration projects under this paragraph to the Office of Disability Employment Policy account for such purposes: Provided, That to the extent that the Average Weekly Insured Unemployment ( AWIU ) for fiscal year 2023 is projected by the Department of Labor to exceed 1,778,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further, That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Exchange System: Provided further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities: Provided further, That States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States and non-State entities under such grants, subject to the conditions applicable to the grants: Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the final rule entitled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at part 200 of title 2, Code of Federal Regulations: Provided further, That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium or to the entity operating the Unemployment Insurance Information Technology Support Center in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request: Provided further, That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2024, for such purposes. ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509 , and to the Federal Unemployment Benefits and Allowances account, such sums as may be necessary, which shall be available for obligation through September 30, 2024. PROGRAM ADMINISTRATION For expenses of administering employment and training programs, $133,287,000, together with not to exceed $60,128,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration SALARIES AND EXPENSES For necessary expenses for the Employee Benefits Security Administration, $217,761,000, of which up to $3,000,000 shall be made available through September 30, 2024, for the procurement of expert witnesses for enforcement litigation. Pension benefit guaranty corporation PENSION BENEFIT GUARANTY CORPORATION FUND The Pension Benefit Guaranty Corporation ( Corporation ) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 , as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2023, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2023 shall be available for obligations for administrative expenses in excess of $493,314,000: Provided further, That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2023, an amount not to exceed an additional $9,200,000 shall be available through September 30, 2027, for obligations for administrative expenses for every 20,000 additional terminated participants: Provided further, That obligations in excess of the amounts provided for administrative expenses in this paragraph may be incurred and shall be available through September 30, 2027 for obligation for unforeseen and extraordinary pre-termination or termination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That an additional amount shall be available for obligation through September 30, 2027 to the extent the Corporation's expenses exceed $250,000 for the provision of credit or identity monitoring to affected individuals upon suffering a security incident or privacy breach, not to exceed an additional $100 per affected individual. Wage and hour division SALARIES AND EXPENSES For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $288,120,000. Office of labor-Management standards SALARIES AND EXPENSES For necessary expenses for the Office of Labor-Management Standards, $48,515,000. Office of federal contract compliance programs SALARIES AND EXPENSES For necessary expenses for the Office of Federal Contract Compliance Programs, $120,500,000. Office of workers' compensation programs SALARIES AND EXPENSES For necessary expenses for the Office of Workers' Compensation Programs, $127,395,000, together with $2,205,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. SPECIAL BENEFITS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation, benefits, and expenses (except administrative expenses not otherwise authorized) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 ; continuation of benefits as provided for under the heading Civilian War Benefits in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act ( 50 U.S.C. App. 2012 ); obligations incurred under the War Hazards Compensation Act ( 42 U.S.C. 1701 et seq. ); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, $250,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year, for deposit into and to assume the attributes of the Employees' Compensation Fund established under 5 U.S.C. 8147(a) : Provided, That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2022, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2023: Provided further, That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees' Compensation Act, $81,752,000 shall be made available to the Secretary as follows: (1) for enhancement and maintenance of automated data processing systems operations and telecommunications systems, $27,727,000; (2) for automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $26,125,000; (3) for periodic roll disability management and medical review, $26,126,000; (4) for program integrity, $1,774,000; and (5) the remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81 , or the Longshore and Harbor Workers' Compensation Act, provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe. SPECIAL BENEFITS FOR DISABLED COAL MINERS For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 , $36,031,000, to remain available until expended. For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2024, $10,250,000, to remain available until expended. ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION FUND For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $64,564,000, to remain available until expended: Provided, That the Secretary may require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed. BLACK LUNG DISABILITY TRUST FUND (INCLUDING TRANSFER OF FUNDS) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund ), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2023 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $42,194,000 for transfer to the Office of Workers’ Compensation Programs, Salaries and Expenses ; not to exceed $38,407,000 for transfer to Departmental Management, Salaries and Expenses ; not to exceed $353,000 for transfer to Departmental Management, Office of Inspector General ; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. Occupational safety and health administration SALARIES AND EXPENSES For necessary expenses for the Occupational Safety and Health Administration, $679,809,000, including not to exceed $121,000,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act ), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302 , the Occupational Safety and Health Administration may retain up to $499,000 per fiscal year of training institute course tuition and fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education: Provided, That notwithstanding 31 U.S.C. 3302 , the Secretary is authorized, during the fiscal year ending September 30, 2023, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred ( DART ) occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except— (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; and (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That $12,787,000 shall be available for Susan Harwood training grants, of which not more than $6,500,000 is for Susan Harwood Training Capacity Building Developmental grants, for program activities starting not later than September 30, 2023 and lasting for a period of 12 months: Provided further, That not less than $3,500,000 shall be for Voluntary Protection Programs. Mine safety and health administration SALARIES AND EXPENSES For necessary expenses for the Mine Safety and Health Administration, $409,551,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities and not less than $10,537,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302 , not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities: Provided further, That notwithstanding 31 U.S.C. 3302 , the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities: Provided further, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further, That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. Bureau of labor statistics SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $655,454,000, together with not to exceed $68,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of disability employment policy SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $42,928,000, of which not less than $9,000,000 shall be for research and demonstration projects related to testing effective ways to promote greater labor force participation of people with disabilities: Provided, That the Secretary may transfer amounts made available under this heading for research and demonstration projects to the State Unemployment Insurance and Employment Service Operations account for such purposes. Departmental management SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $429,672,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That $83,000,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2023: Provided further, That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further, That not less than $30,175,000 shall be for programs to combat exploitative child labor internationally and not less than $30,175,000 shall be used to implement model programs that address worker rights issues through technical assistance in countries with which the United States has free trade agreements or trade preference programs: Provided further, That the Secretary may waive the application of section 505 of this Act to awards made from funds available to the Bureau of International Labor Affairs if the Secretary determines that the waiver is necessary to protect human health, safety or welfare: Provided further, That $9,564,000 shall be used for program evaluation and shall be available for obligation through September 30, 2024: Provided further, That funds available for program evaluation may be used to administer grants for the purpose of evaluation: Provided further, That grants made for the purpose of evaluation shall be awarded through fair and open competition: Provided further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer: Provided further, That the funds available to the Women's Bureau may be used for grants to serve and promote the interests of women in the workforce: Provided further, That of the amounts made available to the Women’s Bureau, not less than $2,500,000 shall be used for grants authorized by the Women in Apprenticeship and Nontraditional Occupations Act. VETERANS' EMPLOYMENT AND TRAINING Not to exceed $267,841,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which— (1) $183,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach program specialists under section 4103A of such title and local veterans' employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for expenditure by the States through September 30, 2025, and not to exceed 3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided , That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $33,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144 ; (3) $48,048,000 is for Federal administration of chapters 41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of title 38, United States Code: Provided , That, up to $500,000 may be used to carry out the Hire VETS Act (division O of Public Law 115–31 ); and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made. In addition, from the General Fund of the Treasury, $64,500,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided, That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2023, to provide services under such section: Provided further, That services provided under sections 2021 or under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were homeless at some point within the 60 days prior to program entry or veterans who are at risk of homelessness within the next 60 days, and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness: Provided further, That notwithstanding paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow for the tracking of participant and performance information: Provided further, That notwithstanding sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, such funds shall be available for expenditure pursuant to 31 U.S.C. 1553 . In addition, fees may be assessed and deposited in the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and such amounts shall be available to the Secretary to carry out the HIRE Vets Medallion Award Program, as authorized by such Act, and shall remain available until expended: Provided, That such sums shall be in addition to any other funds available for such purposes, including funds available under paragraph (3) of this heading: Provided further, That section 2(d) of division O of the Consolidated Appropriations Act, 2017 ( Public Law 115–31 ; 38 U.S.C. 4100 note) shall not apply. IT MODERNIZATION For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $33,380,000, which shall be available through September 30, 2024. OFFICE OF INSPECTOR GENERAL For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $96,757,000, together with not to exceed $5,660,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided, That not more than $2,000,000 of the amount provided under this heading may be available until expended. General provisions 101. None of the funds appropriated by this Act for the Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. (TRANSFER OF FUNDS) 102. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 103. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 104. Except as otherwise provided in this section, none of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 ( 29 U.S.C. 2916a ) may be used for any purpose other than competitive grants for training individuals who are older than 16 years of age and are not currently enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training. 105. None of the funds made available by this Act under the heading Employment and Training Administration shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs. (TRANSFER OF FUNDS) 106. (a) Notwithstanding section 102, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration when it is determined that those services will be more efficiently performed by Federal employees: Provided, That this section shall not apply to section 171 of the WIOA. (b) Notwithstanding section 102, the Secretary may transfer not more than 0.5 percent of each discretionary appropriation made available to the Employment and Training Administration by this Act to Program Administration in order to carry out program integrity activities that lead to a reduction in improper payments or prevent the unauthorized use of funds in any of the programs or activities that are funded under any such discretionary appropriations: Provided , That notwithstanding section 102 and the preceding proviso, the Secretary may transfer not more than 0.5 percent of funds made available in paragraphs (1) and (2) of the Office of Job Corps account to paragraph (3) of such account to carry out program integrity activities that lead to a reduction in improper payments or prevent the unauthorized use of funds in the Job Corps program: Provided further , That funds transferred under this subsection shall be available to the Secretary to carry out program integrity activities directly or through grants, cooperative agreements, contracts and other arrangements with States and other appropriate entities: Provided further , That funds transferred under the authority provided by this subsection shall be available for obligation through September 30, 2024. (TRANSFER OF FUNDS) 107. (a) The Secretary may reserve not more than 0.75 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2024: Provided, That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer. (b) The accounts referred to in subsection (a) are: Training and Employment Services , Job Corps , Community Service Employment for Older Americans , State Unemployment Insurance and Employment Service Operations , Employee Benefits Security Administration , Office of Workers' Compensation Programs , Wage and Hour Division , Office of Federal Contract Compliance Programs , Office of Labor Management Standards , Occupational Safety and Health Administration , Mine Safety and Health Administration , Office of Disability Employment Policy , funding made available to the Bureau of International Labor Affairs and Women's Bureau within the Departmental Management, Salaries and Expenses account, and Veterans' Employment and Training . 108. (a) Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) shall be applied as if the following text is part of such section: (s) (1) The provisions of this section shall not apply for a period of 2 years after the occurrence of a major disaster to any employee— (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (C) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (v) making recommendations regarding litigation. (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). (3) For purposes of this subsection— (A) the term major disaster means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term employee employed to adjust or evaluate claims resulting from or relating to such major disaster means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term affiliate means a company that, by reason of ownership or control of 25 percent or more of the outstanding shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company. . (b) This section shall be effective on the date of enactment of this Act. 109. (a) Flexibility with respect to the crossing of H–2B nonimmigrants working in the seafood industry (1) In general Subject to paragraph (2), if a petition for H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants described in the petition into the United States at any time during the 120-day period beginning on the start date for which the employer is seeking the services of the nonimmigrants without filing another petition. (2) Requirements for crossings after 90th day An employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(B) ). 110. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; or (2) the prevailing wage level for the occupational classification of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided survey are not statistically supported. 111. None of the funds in this Act shall be used to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, the definition of temporary need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B). 112. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal property, at a value determined by the Secretary, to apprenticeship programs for the purpose of training apprentices in those programs. 113. (a) The Act entitled An Act to create a Department of Labor , approved March 4, 1913 (37 Stat. 736, chapter 141) shall be applied as if the following text is part of such Act: 12. Security detail (a) In general The Secretary of Labor is authorized to employ law enforcement officers or special agents to— (1) provide protection for the Secretary of Labor during the workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by the Secretary; (2) provide protection, incidental to the protection provided to the Secretary, to a member of the immediate family of the Secretary who is participating in an activity or event relating to the official duties of the Secretary; (3) provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the members of the immediate family of the Secretary if there is a significant and articulable threat of physical harm, in accordance with guidelines established by the Secretary; and (4) provide protection to the Deputy Secretary of Labor in the performance of official duties at a public event outside of the United States if there is a significant and articulable threat of physical harm and protective services are not provided as part of an official U.S. visit. (b) Authorities The Secretary of Labor may authorize a law enforcement officer or special agent employed under subsection (a), for the purpose of performing the duties authorized under subsection (a), to— (1) carry firearms; (2) make arrests without a warrant for any offense against the United States committed in the presence of such officer or special agent; (3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; (4) coordinate with local law enforcement agencies; and (5) initiate criminal and other investigations into potential threats to the security of the Secretary, in coordination with the Inspector General of the Department of Labor. (c) Compliance with guidelines A law enforcement officer or special agent employed under subsection (a) shall exercise any authority provided under this section in accordance with any— (1) guidelines issued by the Attorney General; and (2) guidelines prescribed by the Secretary of Labor. . (b) This section shall be effective on the date of enactment of this Act. 114. The Secretary is authorized to dispose of or divest, by any means the Secretary determines appropriate, including an agreement or partnership to construct a new Job Corps center, all or a portion of the real property on which the Treasure Island Job Corps Center is situated. Any sale or other disposition will not be subject to any requirement of any Federal law or regulation relating to the disposition of Federal real property, including but not limited to subchapter III of chapter 5 of title 40 of the United States Code and subchapter V of chapter 119 of title 42 of the United States Code. The net proceeds of such a sale shall be transferred to the Secretary, which shall be available until expended to carry out the Job Corps Program on Treasure Island. 115. None of the funds made available by this Act may be used to— (1) alter or terminate the Interagency Agreement between the United States Department of Labor and the United States Department of Agriculture; or (2) close any of the Civilian Conservation Centers, except if such closure is necessary to prevent the endangerment of the health and safety of the students, the capacity of the program is retained, and the requirements of section 159(j) of the WIOA are met. (RESCISSION) 116. Of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1356(s)(2) ), $60,000,000 are hereby permanently rescinded. 117. Funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, to provide technical assistance services to grantees may also be used by the Employment and Training Administration to assist in the establishment and operation of workforce development technical assistance centers, through grants, contracts, or cooperative agreements, to provide technical assistance relating to any of the activities administered by the Employment and Training Administration. This title may be cited as the Department of Labor Appropriations Act, 2023 . II DEPARTMENT OF HEALTH AND HUMAN SERVICES Health resources and services administration PRIMARY HEALTH CARE For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act ) with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,918,772,000: Provided, That no more than $1,000,000 shall be available until expended for carrying out the provisions of section 224(o) of the PHS Act: Provided further, That no more than $120,000,000 shall be available until expended for carrying out subsections (g) through (n) and (q) of section 224 of the PHS Act, and for expenses incurred by the Department of Health and Human Services (referred to in this Act as HHS ) pertaining to administrative claims made under such law. HEALTH WORKFORCE For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $1,515,876,000: Provided, That section 751(j)(2) of the PHS Act and the proportional funding amounts in paragraphs (1) through (4) of section 756(f) of the PHS Act shall not apply to funds made available under this heading: Provided further, That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary of Health and Human Services (referred to in this title as the Secretary ) may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section: Provided further, That fees collected for the disclosure of information under section 427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank: Provided further, That funds transferred to this account to carry out section 846 and subpart 3 of part D of title III of the PHS Act may be used to make prior year adjustments to awards made under such section and subpart: Provided further, That $135,600,000 shall remain available until expended for the purposes of providing primary health services, assigning National Health Service Corps ( NHSC ) members to expand the delivery of substance use disorder treatment services, notwithstanding the assignment priorities and limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC Loan Repayment Program under section 338B of such Act: Provided further, That, within the amount made available in the previous proviso, $15,600,000 shall remain available until expended for the purposes of making payments under the NHSC Loan Repayment Program under section 338B of the PHS Act to individuals participating in such program who provide primary health services in Indian Health Service facilities, Tribally-Operated 638 Health Programs, and Urban Indian Health Programs (as those terms are defined by the Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act: Provided further, That for purposes of the previous two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if the term primary health services includes clinical substance use disorder treatment services, including those provided by masters level, licensed substance use disorder treatment counselors: Provided further, That of the funds made available under this heading, $6,000,000 shall be available to make grants to establish, expand, or maintain optional community-based nurse practitioner fellowship programs that are accredited or in the accreditation process, with a preference for those in Federally Qualified Health Centers, for practicing postgraduate nurse practitioners in primary care or behavioral health: Provided further, That of the funds made available under this heading, $15,000,000 shall remain available until expended for activities under section 775 of the PHS Act: Provided further, That the United States may recover liquidated damages in an amount determined by the formula under section 338E(c)(1) of the PHS Act if an individual either fails to begin or complete the service obligated by a contract under section 775(b) of the PHS Act: Provided further, That for purposes of section 775(c)(1) of the PHS Act, the Secretary may include other mental and behavioral health disciplines as the Secretary deems appropriate: Provided further, That the Secretary may terminate a contract entered into under section 775 of the PHS Act in the same manner articulated in section 206 of this title for fiscal year 2023 contracts entered into under section 338B of the PHS Act. Of the funds made available under this heading, $55,000,000 shall remain available until expended for grants to public institutions of higher education to expand or support graduate education for physicians provided by such institutions: Provided, That, in awarding such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage in 2026, as determined by the Secretary: Provided further, That grants so awarded are limited to such public institutions of higher education in States in the top quintile of States with a projected primary care provider shortage in 2026, as determined by the Secretary: Provided further, That the minimum amount of a grant so awarded to such an institution shall be not less than $1,000,000 per year: Provided further, That such a grant may be awarded for a period not to exceed 5 years: Provided further, That such a grant awarded with respect to a year to such an institution shall be subject to a matching requirement of non-Federal funds in an amount that is not less than 10 percent of the total amount of Federal funds provided in the grant to such institution with respect to such year. MATERNAL AND CHILD HEALTH For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health and title V of the Social Security Act, $1,251,284,000: Provided, That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not more than $342,116,000 shall be available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act. RYAN WHITE HIV/AIDS PROGRAM For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,630,306,000, of which $2,014,698,000 shall remain available to the Secretary through September 30, 2025, for parts A and B of title XXVI of the PHS Act, and of which not less than $900,313,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act; and of which $260,000,000, to remain available until expended, shall be available to the Secretary for carrying out a program of grants and contracts under title XXVI or section 311(c) of such Act focused on ending the nationwide HIV/AIDS epidemic, with any grants issued under such section 311(c) administered in conjunction with title XXVI of the PHS Act, including the limitation on administrative expenses. HEALTH CARE SYSTEMS For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $139,093,000, of which $122,000 shall be available until expended for facilities-related expenses of the National Hansen’s Disease Program. RURAL HEALTH For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act of 1969, and sections 711 and 1820 of the Social Security Act, $392,137,000, of which $62,277,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility grants, $20,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology, up to $5,000,000 shall be available to establish by grant to public or non-profit private entities the Rural Emergency Hospital Technical Assistance Program, and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system: Provided further, That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall be available for State Offices of Rural Health: Provided further, That $12,500,000 shall remain available through September 30, 2025, to support the Rural Residency Development Program: Provided further, That $145,000,000 shall be for the Rural Communities Opioids Response Program. FAMILY PLANNING For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $512,000,000: Provided, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That all entities funded under this heading shall provide clinical services consistent with nationally recognized clinical standards: Provided further, That projects funded under section 1001 of the PHS Act shall provide the full range of contraceptive products approved by the Food and Drug Administration: Provided further, That all patients served under title X of the PHS Act with a positive pregnancy test shall be given the opportunity to be provided information and counseling regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) pregnancy termination: Provided further, That if such a patient requests information specified in the preceding proviso, such patient shall be provided with neutral, factual information consistent with nationally recognized clinical standards and nondirective counseling on each such option, including upon request of a patient a referral to medical providers for the purposes of terminating a pregnancy: Provided further, That no information shall be provided under the preceding proviso, with respect to any option about which the patient indicates no interest in receiving such information and counseling. PROGRAM MANAGEMENT For program support in the Health Resources and Services Administration, $1,029,152,000: Provided, That funds made available under this heading may be used to supplement program support funding provided under the headings Primary Health Care , Health Workforce , Maternal and Child Health , Ryan White HIV/AIDS Program , Health Care Systems , and Rural Health : Provided further, That of the amount made available under this heading, $860,181,0000 shall be used for the projects financing the construction and renovation (including equipment) of health care and other facilities, and for the projects financing one-time grants that support health-related activities, including training and information technology, and in the amounts specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided further, That none of the funds made available for projects described in the two preceding provisos shall be subject to section 241 of the PHS Act or section 205 of this Act. VACCINE INJURY COMPENSATION PROGRAM TRUST FUND For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund ), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided, That for necessary administrative expenses, not to exceed $20,200,000 shall be available from the Trust Fund to the Secretary. COVERED COUNTERMEASURES PROCESS FUND For carrying out section 319F–4 of the PHS Act, $7,000,000, to remain available until expended. Centers for disease control and prevention IMMUNIZATION AND RESPIRATORY DISEASES For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $698,780,000. HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND TUBERCULOSIS PREVENTION For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,461,556,000. EMERGING AND ZOONOTIC INFECTIOUS DISEASES For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $741,772,000: Provided, That of the amounts made available under this heading, up to $1,000,000 shall remain available until expended to pay for the transportation, medical care, treatment, and other related costs of persons quarantined or isolated under Federal or State quarantine law. CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $1,340,464,000: Provided, That funds made available under this heading may be available for making grants under section 1509 of the PHS Act for not less than 21 States, Tribes, or Tribal organizations: Provided further, That of the funds made available under this heading, $16,500,000 shall be available to continue and expand community specific extension and outreach programs to combat obesity in counties with the highest levels of obesity: Provided further, That the proportional funding requirements under section 1503(a) of the PHS Act shall not apply to funds made available under this heading. BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND HEALTH For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $231,060,000. PUBLIC HEALTH SCIENTIFIC SERVICES For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $797,997,000. ENVIRONMENTAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $376,850,000: Provided, That of the amounts appropriated under this heading up to $3,000,000 may remain available until expended for carrying out the Vessel Sanitation Program, in addition to user fee collections available for such purpose: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any use of funds pursuant to the preceding proviso. INJURY PREVENTION AND CONTROL For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $1,025,279,000. NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safety and Health Act, with respect to occupational safety and health, $367,300,000. ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided, That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106–554 . GLOBAL HEALTH For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $760,843,000, of which: (1) $128,921,000 shall remain available through September 30, 2024 for international HIV/AIDS; and (2) $353,200,000 shall remain available through September 30, 2025 for global public health protection: Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries. PUBLIC HEALTH PREPAREDNESS AND RESPONSE For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $888,200,000: Provided, That the Director of the Centers for Disease Control and Prevention (referred to in this title as CDC ) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement to support an activation of the CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority, a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed, and an update of such report every 180 days until staff are no longer on detail without reimbursement to the CDC Emergency Operations Center. BUILDINGS AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For acquisition of real property, equipment, construction, installation, demolition, and renovation of facilities, $35,000,000, which shall remain available until September 30, 2027: Provided, That funds made available to this account in this or any prior Act that are available for the acquisition of real property or for construction or improvement of facilities shall be available to make improvements on non-federally owned property, provided that any improvements that are not adjacent to federally owned property do not exceed $2,500,000, and that the primary benefit of such improvements accrues to CDC: Provided further, That funds previously set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement mine safety research facility: Provided further, That in addition, the prior year unobligated balance of any amounts assigned to former employees in accounts of CDC made available for Individual Learning Accounts shall be credited to and merged with the amounts made available under this heading to support the replacement of the mine safety research facility. CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT (INCLUDING TRANSFER OF FUNDS) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support for activities funded in other appropriations included in this Act for the Centers for Disease Control and Prevention, $817,070,000, of which: (1) $600,000,000 shall remain available through September 30, 2024, for public health infrastructure and capacity; and (2) $50,000,000 shall remain available through September 30, 2024 for forecasting epidemics and outbreak analytics: Provided, That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS Act shall not apply to funds appropriated under this heading and in all other accounts of the CDC: Provided further, That of the amounts made available under this heading, $35,000,000, to remain available until expended, shall be available to the Director of the CDC for deposit in the Infectious Diseases Rapid Response Reserve Fund established by section 231 of division B of Public Law 115–245 : Provided further, That funds appropriated under this heading may be used to support a contract for the operation and maintenance of an aircraft in direct support of activities throughout CDC to ensure the agency is prepared to address public health preparedness emergencies: Provided further, That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment: Provided further, That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official reception and representation expenses when specifically approved by the Director of CDC: Provided further, That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged with the cost thereof: Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program and the Respirator Certification Program shall be available through September 30, 2024. National institutes of health NATIONAL CANCER INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cancer, $6,987,064,000, of which up to $30,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. NATIONAL HEART, LUNG, AND BLOOD INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,946,557,000. NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $526,769,000. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $2,290,798,000. NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $2,540,918,000. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $6,449,804,000. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $3,218,237,000, of which $1,429,313,000 shall be from funds available under section 241 of the PHS Act: Provided, That not less than $423,177,000 is provided for the Institutional Development Awards program. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,745,682,000. NATIONAL EYE INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $890,700,000. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $918,276,000. NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the PHS Act with respect to aging, $4,343,005,000. NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $686,025,000. NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $530,847,000. NATIONAL INSTITUTE OF NURSING RESEARCH For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $196,468,000. NATIONAL INSTITUTE ON ALCOHOL EFFECTS AND ALCOHOL-ASSOCIATED DISORDERS For carrying out section 301 and title IV of the PHS Act with respect to alcohol misuse, alcohol use disorder, and other alcohol-associated disorders, $591,434,000. NATIONAL INSTITUTE ON DRUGS AND ADDICTION For carrying out section 301 and title IV of the PHS Act with respect to drugs and addiction, $1,684,230,000. NATIONAL INSTITUTE OF MENTAL HEALTH For carrying out section 301 and title IV of the PHS Act with respect to mental health, $2,107,672,000. NATIONAL HUMAN GENOME RESEARCH INSTITUTE For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $658,873,000. NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $437,752,000. NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $174,305,000. NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $534,287,000. JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act), $89,574,000. NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $494,302,000: Provided, That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 2024: Provided further, That in fiscal year 2023, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as NIH ). NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $907,756,000: Provided, That up to $90,000,000 shall be available to implement section 480 of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $625,452,000 is provided to the Clinical and Translational Sciences Awards program. OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For carrying out the responsibilities of the Office of the Director, NIH, $2,560,065,000: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That all funds credited to the NIH Management Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further, That $180,000,000 shall be for the Environmental Influences on Child Health Outcomes study: Provided further, That $707,401,000 shall be available for the Common Fund established under section 402A(c)(1) of the PHS Act: Provided further, That of the funds provided, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act: Provided further, That $70,000,000 shall be used to carry out section 404I of the PHS Act ( 42 U.S.C. 283K ), relating to biomedical and behavioral research facilities: Provided further, That $5,000,000 shall be transferred to and merged with the appropriation for the Office of Inspector General for oversight of grant programs and operations of the NIH, including agency efforts to ensure the integrity of its grant application evaluation and selection processes, and shall be in addition to funds otherwise made available for oversight of the NIH: Provided further, That the funds provided in the previous proviso may be transferred from one specified activity to another with 15 days prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Inspector General shall consult with the Committees on Appropriations of the House of Representatives and the Senate before submitting to the Committees an audit plan for fiscal years 2023 and 2024 no later than 30 days after the date of enactment of this Act: Provided further, That amounts made available under this heading are also available to establish, operate, and support the Research Policy Board authorized by section 2034(f) of the 21st Century Cures Act: Provided further, That the funds made available under this heading for the Office of Research on Women’s Health shall also be available for making grants to serve and promote the interests of women in research, and the Director of such Office may, in making such grants, use the authorities available to NIH Institutes and Centers. In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986 ( 26 U.S.C. 9008 ), for the purpose of carrying out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as authorized in the Gabriella Miller Kids First Research Act. ADVANCED RESEARCH PROJECTS AGENCY FOR HEALTH For carrying out section 301 and title IV of the PHS Act with respect to advanced research projects for health, $1,000,000,000, to remain available through September 30, 2025: Provided, That the President shall appoint in the Department of Health and Human Services a director of advanced research projects for health (Director): Provided further, That funds may be used to make or rescind appointments of scientific, medical, and professional personnel without regard to any provision in title 5 governing appointments under the civil service laws: Provided further, That funds may be used to fix the compensation of such personnel at a rate to be determined by the Director, up to the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code: Provided further, That the Director may use funds made available under this heading to make awards in the form of grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (as defined in section 319L(a)(3) of the PHS Act): Provided further, That activities supported with funds provided under this heading shall not be subject to the requirements of section 406(a)(3)(A)(ii) or 492 of the PHS Act. BUILDINGS AND FACILITIES For the study of, construction of, demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $350,000,000, to remain available through September 30, 2027. NIH INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described in section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes in the appropriations provided to the NIH in this Act, $1,085,000,000, to remain available until expended: Provided, That such amounts are appropriated pursuant to section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the National Institutes of Health to other accounts of the National Institutes of Health solely for the purposes provided in such Act: Provided further, That upon a determination by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the Account: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law. Substance Use and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, the Protection and Advocacy for Individuals with Mental Illness Act, and the SUPPORT for Patients and Communities Act, $3,590,090,000: Provided, That of the funds made available under this heading, $111,887,000 shall be for the National Child Traumatic Stress Initiative: Provided further, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further, That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX: Provided further, That of the funds made available under this heading for subpart I of part B of title XIX of the PHS Act, at least 10 percent shall be available to support evidence-based crisis systems: Provided further, That up to 10 percent of the amounts made available to carry out the Children’s Mental Health Services program may be used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high risk of developing a first episode of psychosis: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated in this Act for fiscal year 2023: Provided further, That $385,000,000 shall be available until September 30, 2025 for grants to communities and community organizations who meet criteria for Certified Community Behavioral Health Clinics pursuant to section 223(a) of Public Law 113–93 : Provided further, That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act: Provided further, That of the funds made available under this heading, $21,420,000 shall be to carry out section 224 of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 ; 42 U.S.C. 290aa 22 note): Provided further, That notwithstanding sections 1911(b) and 1912 of the PHS Act, amounts made available under this heading for subpart I of part B of title XIX of such Act shall also be available to support evidence-based programs that address early intervention and prevention of mental disorders among at-risk children and adults: Provided further, That States shall expend at least 10 percent of the amount each receives for carrying out section 1911 of the PHS Act to support evidence-based programs that address early intervention and prevention of mental disorders among at-risk children and adults: Provided further, That notwithstanding section 1912 of the PHS Act, the plan described in such section and section 1911(b) of the PHS Act shall also include the evidence-based programs described in the preceding proviso, pursuant to plan criteria established by the Secretary. SUBSTANCE USE SERVICES For carrying out titles III and V of the PHS Act with respect to substance use treatment and title XIX of such Act with respect to substance use treatment and prevention, and the SUPPORT for Patients and Communities Act, $4,963,889,000: Provided, That $2,025,000,000 shall be for State Opioid Response Grants for carrying out activities pertaining to opioids and stimulants undertaken by the State agency responsible for administering the substance use prevention and treatment block grant under subpart II of part B of title XIX of the PHS Act ( 42 U.S.C. 300x–21 et seq. ): Provided further, That of such amount $75,000,000 shall be made available to Indian Tribes or Tribal organizations: Provided further, That 15 percent of the remaining amount shall be for the States with the highest mortality rate related to opioid use disorders: Provided further, That in allocating the amount made available in the preceding proviso, the Secretary shall ensure that the formula avoids a significant cliff between States with similar mortality rates related to opioid use disorders to prevent unusually large funding changes in States when compared to prior year allocations: Provided further, That of the amounts provided for State Opioid Response Grants not more than 2 percent shall be available for Federal administrative expenses, training, technical assistance, and evaluation: Provided further, That of the amount not reserved by the previous four provisos, the Secretary shall make allocations to States, territories, and the District of Columbia according to a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use and drug-related deaths: Provided further, That the Secretary shall submit the formula methodology to the Committees on Appropriations of the House of Representatives and the Senate not less than 21 days prior to publishing a Funding Opportunity Announcement: Provided further, That prevention and treatment activities funded through such grants may include education, treatment (including the provision of medication), behavioral health services for individuals in treatment programs, referral to treatment services, recovery support, and medical screening associated with such treatment: Provided further, That each State, as well as the District of Columbia, shall receive not less than $5,000,000: Provided further, That in addition to amounts provided herein, the following amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance use treatment programs: Provided further, That for purposes of calculating the HIV set-aside under subpart II of part B of title XIX, the rate of cases of HIV shall be used instead of the rate of cases of AIDS: Provided further, That each State that receives funds appropriated under this heading for carrying out subpart II of part B of title XIX of the PHS Act shall expend not less than 10 percent of such funds for recovery support services: Provided further, That none of the funds provided for section 1921 of the PHS Act or State Opioid Response Grants shall be subject to section 241 of such Act. SUBSTANCE USE PREVENTION SERVICES For carrying out titles III and V of the PHS Act with respect to substance use prevention, $248,219,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health , Substance Use Services , and Substance Use Prevention Services in carrying out titles III, V, and XIX of the PHS Act and the Protection and Advocacy for Individuals with Mental Illness Act in the Substance Use And Mental Health Services Administration, $200,636,000: Provided, That of the amount made available under this heading, $59,941,000 shall be used for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act: Provided further, That in addition to amounts provided herein, $31,428,000 shall be available under section 241 of the PHS Act to supplement funds available to carry out national surveys on drug use and mental health, to collect and analyze program data, and to conduct public awareness and technical assistance activities: Provided further, That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes: Provided further, That amounts made available in this Act for carrying out section 501(o) of the PHS Act shall remain available through September 30, 2024: Provided further, That funds made available under this heading (other than amounts specified in the first proviso under this heading) may be used to supplement program support funding provided under the headings Mental Health , Substance Use Services , and Substance Use Prevention Services . Agency for healthcare research and quality HEALTHCARE RESEARCH AND QUALITY For carrying out titles III and IX of the PHS Act, part A of title XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $385,400,000: Provided, That section 947(c) of the PHS Act shall not apply in fiscal year 2023: Provided further, That in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2024. Centers for medicare & Medicaid services GRANTS TO STATES FOR MEDICAID For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $367,357,090,000, to remain available until expended. In addition, for carrying out such titles after May 31, 2023, for the last quarter of fiscal year 2023 for unanticipated costs incurred for the current fiscal year, such sums as may be necessary, to remain available until expended. In addition, for carrying out such titles for the first quarter of fiscal year 2024, $197,580,474,000, to remain available until expended. Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. PAYMENTS TO THE HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 , and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $548,130,000,000. In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act, titles XIII and XXVII of the PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $4,186,399,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act, funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until expended: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and available for carrying out the purposes of this appropriation: Provided further, That the Secretary is directed to collect fees in fiscal year 2023 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, That of the amount made available under this heading, $473,989,000 shall remain available until September 30, 2024, and shall be available for the Survey and Certification Program: Provided further, That amounts available under this heading to support quality improvement organizations (as defined in section 1152 of the Social Security Act) shall not exceed the amount specifically provided for such purpose under this heading in division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ). HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT In addition to amounts otherwise available for program integrity and program management, $893,000,000, to remain available through September 30, 2024, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $668,648,000 shall be for the Centers for Medicare & Medicaid Services program integrity activities, of which $112,145,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $112,207,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided, That the report required by section 1817(k)(5) of the Social Security Act for fiscal year 2023 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation: Provided further, That of the amount provided under this heading, $317,000,000 is provided to meet the terms of a concurrent resolution, and $576,000,000 is additional new budget authority specified for purposes of a concurrent resolution on the budget for additional health care fraud and abuse control activities: Provided further, That the Secretary shall provide not less than $30,000,000 from amounts made available under this heading and amounts made available for fiscal year 2023 under section 1817(k)(3)(A) of the Social Security Act for the Senior Medicare Patrol program to combat health care fraud and abuse. Administration for children and families PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT PROGRAMS For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,883,000,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2024, $1,300,000,000, to remain available until expended. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. LOW-INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b) and (d) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ), $4,000,000,000: Provided, That notwithstanding section 2609A(a) of such Act, not more than $7,300,000 may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures, and to supplement funding otherwise available for necessary administrative expenses to carry out such Act, and the Secretary may, in addition to the authorities provided in section 2609A(a)(1), use such funds through contracts with private entities that do not qualify as nonprofit organizations: Provided further, That all but $884,848,000 of the amount appropriated under this heading shall be allocated as though the total appropriation for such payments for fiscal year 2023 was less than $1,975,000,000: Provided further, That, after applying all applicable provisions of section 2604 of such Act and the previous proviso, each State or territory that would otherwise receive an allocation that is less than 97 percent of the amount that it received under this heading for fiscal year 2022 from amounts appropriated in Public Law 117–103 shall have its allocation increased to that 97 percent level, with the portions of other States' and territories' allocations that would exceed 100 percent of the amounts they respectively received in such fashion for fiscal year 2022 being ratably reduced. REFUGEE AND ENTRANT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 ( TVPA ), and the Torture Victims Relief Act of 1998, $9,370,013,000, of which $9,316,258,000 shall remain available through September 30, 2025 for carrying out such sections 414, 501, 462, and 235: Provided, That amounts available under this heading to carry out the TVPA shall also be available for research and evaluation with respect to activities under such Act: Provided further, That the limitation in section 205 of this Act regarding transfers increasing any appropriation shall apply to transfers to appropriations under this heading by substituting 15 percent for 3 percent : Provided further, That the contribution of funds requirement under section 235(c)(6)(C)(iii) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 shall not apply to funds made available under this heading: Provided further, That the Director of the Office of Refugee Resettlement, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(A) ), may allocate amounts made available under this heading for such section among the States in a manner that accounts for the most current data available. PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For carrying out the Child Care and Development Block Grant Act of 1990 ( CCDBG Act ), $7,165,330,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided directly, or through the use of contracts, grants, cooperative agreements, or interagency agreements: Provided further, That all funds made available to carry out section 418 of the Social Security Act ( 42 U.S.C. 618 ), including funds appropriated for that purpose in such section 418 or any other provision of law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act: Provided further, That in addition to the amounts required to be reserved by the Secretary under section 658O(a)(2)(A) of such Act, $214,960,000 shall be for Indian Tribes and Tribal organizations: Provided further, That of the amounts made available under this heading, the Secretary may reserve up to 0.5 percent for Federal administrative expenses. SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX–A of such Act shall be 10 percent. CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and the Community Services Block Grant Act ( CSBG Act ); and for necessary administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of 1981, and section 2204 of the American Rescue Plan Act of 2021, $14,765,967,000, of which $75,000,000, to remain available through September 30, 2024, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships completed before September 30, 2023: Provided, That $12,036,820,000 shall be for making payments under the Head Start Act, including for Early Head Start–Child Care Partnerships, and, of which, notwithstanding section 640 of such Act: (1) $596,000,000 shall be available for a cost of living adjustment, and with respect to any continuing appropriations Act, funding available for a cost of living adjustment shall not be construed as an authority or condition under this Act; (2) $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and such funds shall not be included in the calculation of base grant in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act; (3) $262,000,000 shall be available for quality improvement consistent with section 640(a)(5) of such Act except that any amount of the funds may be used on any of the activities in such section, of which not less than $10,000,000 shall be available to migrant and seasonal Head Start programs for such activities, in addition to funds made available for migrant and seasonal Head Start programs under any other provision of section 640(a) of such Act; (4) $140,000,000, in addition to funds otherwise available for such purposes under section 640 of the Head Start Act, shall be available through September 30, 2024, for awards to eligible entities for Head Start and Early Head Start programs and to entities defined as eligible under section 645A(d) of such Act for high quality infant and toddler care through Early Head Start–Child Care Partnerships, and for training and technical assistance for such activities: Provided further , That of the funds made available in this paragraph, up to $21,000,000 shall be available to the Secretary for the administrative costs of carrying out this paragraph; (5) $8,000,000 shall be available for the Tribal Colleges and Universities Head Start Partnership Program consistent with section 648(g) of such Act; and (6) $21,000,000 shall be available to supplement funding otherwise available for research, evaluation, and Federal administrative costs: Provided further, That the Secretary may reduce the reservation of funds under section 640(a)(2)(C) of such Act in lieu of reducing the reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act: Provided further, That $350,000,000 shall be available until December 31, 2023 for carrying out sections 9212 and 9213 of the Every Student Succeeds Act: Provided further, That up to 3 percent of the funds in the preceding proviso shall be available for technical assistance and evaluation related to grants awarded under such section 9212: Provided further, That in this fiscal year, a renewal grant awarded under section 9212(g) of Public Law 114–95 may be renewed for a period of not more than 3 years: Provided further, That $806,383,000 shall be for making payments under the CSBG Act: Provided further, That for services furnished under the CSBG Act with funds made available for such purpose in this fiscal year and in fiscal year 2022, States may apply the last sentence of section 673(2) of the CSBG Act by substituting 200 percent for 125 percent : Provided further, That $36,383,000 shall be for section 680 of the CSBG Act, of which not less than $23,383,000 shall be for section 680(a)(2) and not less than $13,000,000 shall be for section 680(a)(3)(B) of such Act: Provided further, That, notwithstanding section 675C(a)(3) of the CSBG Act, to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under such Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further, That $300,000,000 shall be for carrying out section 303(a) of the Family Violence Prevention and Services Act, of which $7,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 of such Act and of which $6,750,000 shall be for necessary administrative expenses to carry out such Act and section 2204 of the American Rescue Plan Act of 2021, in addition to amounts otherwise available for such purposes: Provided further, That funds made available in the preceding proviso may be used for direct payments to any victim of family violence, domestic violence, or dating violence, or to any dependent of such victim, notwithstanding section 308(d)(1) of the Family Violence Prevention and Services Act: Provided further, That the percentages specified in section 112(a)(2) of the Child Abuse Prevention and Treatment Act shall not apply to funds appropriated under this heading: Provided further, That $3,000,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system: Provided further, That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system's effectiveness: Provided further, That $40,480,000 shall be used for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act. PROMOTING SAFE AND STABLE FAMILIES For carrying out, except as otherwise provided, section 436 of the Social Security Act, $345,000,000 and, for carrying out, except as otherwise provided, section 437 of such Act, $94,515,000: Provided, That of the funds available to carry out section 437, $59,765,000 shall be allocated consistent with subsections (b) through (d) of such section: Provided further, That of the funds available to carry out section 437, to assist in meeting the requirements described in section 471(e)(4)(C), $28,000,000 shall be for grants to each State, territory, and Indian Tribe operating title IV–E plans for developing, enhancing, or evaluating kinship navigator programs, as described in section 427(a)(1) of such Act and $6,750,000, in addition to funds otherwise appropriated in section 476 for such purposes, shall be for the Family First Clearinghouse and to support evaluation and technical assistance relating to the evaluation of child and family services: Provided further, That section 437(b)(1) shall be applied to amounts in the previous proviso by substituting 5 percent for 3.3 percent , and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C): Provided further, That the reservation in section 437(b)(2) and the limitations in section 437(d) shall not apply to funds specified in the second proviso: Provided further, That the minimum grant award for kinship navigator programs in the case of States and territories shall be $200,000, and, in the case of Tribes, shall be $25,000. PAYMENTS FOR FOSTER CARE AND PERMANENCY For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $7,606,000,000. For carrying out, except as otherwise provided, title IV–E of the Social Security Act, for the first quarter of fiscal year 2024, $3,200,000,000. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Administration for community living AGING AND DISABILITY SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965 ( OAA ), the RAISE Family Caregivers Act, the Supporting Grandparents Raising Grandchildren Act, titles III and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, the Assistive Technology Act of 1998, titles II and VII (and section 14 with respect to such titles) of the Rehabilitation Act of 1973, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $2,461,973,000, together with $53,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That amounts appropriated under this heading may be used for grants to States under section 361 of the OAA only for disease prevention and health promotion programs and activities which have been demonstrated through rigorous evaluation to be evidence-based and effective: Provided further, That of amounts made available under this heading to carry out sections 311, 331, and 336 of the OAA, up to 1 percent of such amounts shall be available for developing and implementing evidence-based practices for enhancing senior nutrition, including medically-tailored meals: Provided further, That notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may be transferred to the Secretary of Agriculture in accordance with such section: Provided further, That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive technology devices, such as a low-interest loan fund; an interest buy-down program; a revolving loan fund; a loan guarantee; or an insurance program: Provided further, That applicants shall provide an assurance that, and information describing the manner in which, the alternative financing program will expand and emphasize consumer choice and control: Provided further, That State agencies and community-based disability organizations that are directed by and operated for individuals with disabilities shall be eligible to compete: Provided further, That none of the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10802 )) to continue to pursue any legal action in a Federal or State court on behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 ( 20 U.S.C. 15002(8)(A) ) that is attributable to a mental impairment (or a combination of mental and physical impairments), that has as the requested remedy the closure of State operated intermediate care facilities for people with intellectual or developmental disabilities, unless reasonable public notice of the action has been provided to such individuals (or, in the case of mental incapacitation, the legal guardians who have been specifically awarded authority by the courts to make healthcare and residential decisions on behalf of such individuals) who are affected by such action, within 90 days of instituting such legal action, which informs such individuals (or such legal guardians) of their legal rights and how to exercise such rights consistent with current Federal Rules of Civil Procedure: Provided further, That the limitations in the immediately preceding proviso shall not apply in the case of an individual who is neither competent to consent nor has a legal guardian, nor shall the proviso apply in the case of individuals who are a ward of the State or subject to public guardianship: Provided further, That of the amount made available under this heading, $12,006,000 shall be used for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 241 of the PHS Act or section 205 of this Act. Office of the secretary GENERAL DEPARTMENTAL MANAGEMENT For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, $565,394,000, together with $64,828,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided, That of this amount, $60,000,000 shall be for minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading, $130,000,000 shall be for making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available funds shall be for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That funds provided in this Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That of the funds made available under this heading, $5,000,000 shall be for carrying out prize competitions sponsored by the Office of the Secretary to accelerate innovation in the prevention, diagnosis, and treatment of kidney diseases (as authorized by section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 )). MEDICARE HEARINGS AND APPEALS For expenses necessary for Medicare hearings and appeals in the Office of the Secretary, $196,000,000 shall remain available until September 30, 2024, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $74,238,000 shall be from amounts made available under section 241 of the PHS Act. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $87,400,000: Provided, That of such amount, necessary sums shall be available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228: Provided further, That of the amount appropriated under this heading, necessary sums shall be available for carrying out activities authorized under section 3022 of the PHS Act ( 42 U.S.C. 300jj–52 ). OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, $60,250,000. RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $1,592,479,000, of which $818,505,000 shall remain available through September 30, 2024, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, That funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other funds available for such purpose: Provided further, That products purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile pursuant to section 319F–2 of the PHS Act: Provided further, That $5,000,000 of the amounts made available to support emergency operations shall remain available through September 30, 2025: Provided further, That $82,801,000 of the amounts made available to support coordination of the development, production, and distribution of vaccines, therapeutics, and other medical countermeasures shall remain available through September 30, 2024. For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $790,000,000, to remain available until expended. For expenses necessary to carry out section 319F–2(a) of the PHS Act, $875,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $382,000,000; of which $347,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided, That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics. General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level II: Provided, That none of the funds appropriated in this title shall be used to prevent the NIH from paying up to 100 percent of the salary of an individual at this rate. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 204. Notwithstanding section 241(a) of the PHS Act, such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title. (TRANSFER OF FUNDS) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 206. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the effective date of a contract awarded in fiscal year 2023 under section 338B of such Act, or at any time if the individual who has been awarded such contract has not received funds due under the contract. 207. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. 209. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees): Provided further, That nothing in this section shall be construed to change the Medicare program's coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. 210. None of the funds made available in this title may be used, in whole or in part, to advocate or promote gun control. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. 212. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2023: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service. (TRANSFER OF FUNDS) 213. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (TRANSFER OF FUNDS) 214. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the PHS Act. 215. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director ) may use funds authorized under section 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to or research and activities described in such section 402(b)(12). (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 216. Not to exceed $100,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $5,000,000 per project. (TRANSFER OF FUNDS) 217. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA ) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research. 218. (a) The Biomedical Advanced Research and Development Authority ( BARDA ) may enter into a contract, for more than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), if— (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section— (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 219. The Secretary shall publish, as part of the fiscal year 2024 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the enactment of the ACA and the proposed uses for such funds for fiscal year 2024. Such information shall include, for each such fiscal year, the amount of funds used for each activity specified under the heading Health Insurance Exchange Transparency in the explanatory statement accompanying this Act. 220. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the Centers for Medicare & Medicaid Services—Program Management account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to risk corridors). (TRANSFER OF FUNDS) 221. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the ACA to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund in the explanatory statement accompanying this Act. (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 222. Effective during the period beginning on November 1, 2015 and ending January 1, 2025, any provision of law that refers (including through cross-reference to another provision of law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— (1) such reference to such current recommendations were a reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention last issued before 2009; and (2) such recommendations last issued before 2009 applied to any screening mammography modality under section 1861(jj) of the Social Security Act ( 42 U.S.C. 1395x(jj) ). 223. In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such provisions were applied in the third quarter of fiscal year 2017. None of the funds appropriated in this or prior Acts or otherwise made available to the Department of Health and Human Services or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter. (TRANSFER OF FUNDS) 224. The NIH Director may transfer funds for opioid addiction, opioid alternatives, stimulant misuse and addiction, pain management, and addiction treatment to other Institutes and Centers of the NIH to be used for the same purpose 15 days after notifying the Committees on Appropriations of the House of Representatives and the Senate: Provided, That the transfer authority provided in the previous proviso is in addition to any other transfer authority provided by law. 225. (a) The Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate: (1) Detailed monthly enrollment figures from the Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the open enrollment period; and (2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public Health Service Act. (b) The Committees on Appropriations of the House and Senate must be notified at least 2 business days in advance of any public release of enrollment information or the award of such grants. 226. Funds appropriated in this Act that are available for salaries and expenses of employees of the Department of Health and Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, when such employee is assigned to duty, in the United States or in a U.S. territory, during a period and in a location that are the subject of a determination of a public health emergency under section 319 of the Public Health Service Act and such travel is necessary to obtain medical care for an illness, injury, or medical condition that cannot be adequately addressed in that location at that time. For purposes of this section, the term U.S. territory means Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, or the Trust Territory of the Pacific Islands. 227. The Department of Health and Human Services may accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for the care of unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including monetary donations, medical goods and services, which may include early childhood developmental screenings, school supplies, toys, clothing, and any other items intended to promote the wellbeing of such children. 228. None of the funds made available in this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance may be obligated to a grantee or contractor to house unaccompanied alien children (as such term is defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in any facility that is not State-licensed for the care of unaccompanied alien children, except in the case that the Secretary determines that housing unaccompanied alien children in such a facility is necessary on a temporary basis due to an influx of such children or an emergency, provided that— (1) the terms of the grant or contract for the operations of any such facility that remains in operation for more than 6 consecutive months shall require compliance with— (A) the same requirements as licensed placements, as listed in Exhibit 1 of the Flores Settlement Agreement that the Secretary determines are applicable to non-State licensed facilities; and (B) staffing ratios of one (1) on-duty Youth Care Worker for every eight (8) children or youth during waking hours, one (1) on-duty Youth Care Worker for every sixteen (16) children or youth during sleeping hours, and clinician ratios to children (including mental health providers) as required in grantee cooperative agreements; (2) the Secretary may grant a 60-day waiver for a contractor’s or grantee’s non-compliance with paragraph (1) if the Secretary certifies and provides a report to Congress on the contractor’s or grantee’s good-faith efforts and progress towards compliance; (3) not more than four consecutive waivers under paragraph (2) may be granted to a contractor or grantee with respect to a specific facility; (4) ORR shall ensure full adherence to the monitoring requirements set forth in section 5.5 of its Policies and Procedures Guide as of May 15, 2019; (5) for any such unlicensed facility in operation for more than 3 consecutive months, ORR shall conduct a minimum of one comprehensive monitoring visit during the first 3 months of operation, with quarterly monitoring visits thereafter; and (6) not later than 60 days after the date of enactment of this Act, ORR shall brief the Committees on Appropriations of the House of Representatives and the Senate outlining the requirements of ORR for influx facilities including any requirement listed in paragraph (1)(A) that the Secretary has determined are not applicable to non-State licensed facilities. 229. In addition to the existing Congressional notification for formal site assessments of potential influx facilities, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 15 days before operationalizing an unlicensed facility, and shall (1) specify whether the facility is hard-sided or soft-sided, and (2) provide analysis that indicates that, in the absence of the influx facility, the likely outcome is that unaccompanied alien children will remain in the custody of the Department of Homeland Security for longer than 72 hours or that unaccompanied alien children will be otherwise placed in danger. Within 60 days of bringing such a facility online, and monthly thereafter, the Secretary shall provide to the Committees on Appropriations of the House of Representatives and the Senate a report detailing the total number of children in care at the facility, the average length of stay and average length of care of children at the facility, and, for any child that has been at the facility for more than 60 days, their length of stay and reason for delay in release. 230. None of the funds made available in this Act may be used to prevent a United States Senator or Member of the House of Representatives from entering, for the purpose of conducting oversight, any facility in the United States used for the purpose of maintaining custody of, or otherwise housing, unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )), provided that such Senator or Member has coordinated the oversight visit with the Office of Refugee Resettlement not less than two business days in advance to ensure that such visit would not interfere with the operations (including child welfare and child safety operations) of such facility. 231. Not later than 14 days after the date of enactment of this Act, and monthly thereafter, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and make publicly available online, a report with respect to children who were separated from their parents or legal guardians by the Department of Homeland Security (DHS) (regardless of whether or not such separation was pursuant to an option selected by the children, parents, or guardians), subsequently classified as unaccompanied alien children, and transferred to the care and custody of ORR during the previous month. Each report shall contain the following information: (1) the number and ages of children so separated subsequent to apprehension at or between ports of entry, to be reported by sector where separation occurred; and (2) the documented cause of separation, as reported by DHS when each child was referred. 232. Amounts made available to the Department of Health and Human Services in this or any other Act under the heading Administration for Children and Families—Refugee and Entrant Assistance may in this fiscal year and hereafter be used to provide, including through grants, contracts, or cooperative agreements, mental health and other supportive services, including access to legal services, to children, parents, and legal guardians who were separated at the United States-Mexico border between January 20, 2017, and January 20, 2021: Provided, That such services shall also be available to immediate family members of such individuals if such family members are in the United States and in the same household: Provided further, That the Secretary of Health and Human Services may identify the children, parents, and legal guardians eligible to receive mental health and other supportive services described under this section through reference to the identified members of the classes, and their minor children, in the class-action lawsuits Ms. J.P. v. Barr and Ms. L. v. ICE : Provided further, That the Secretary has sole discretion to identify the individuals who will receive services under this section due to their status as immediate family members residing in the same household of class members or class members' minor children. 233. Funds appropriated in this Act that are available for salaries and expenses of employees of the Centers for Disease Control and Prevention shall also be available for the primary and secondary schooling of eligible dependents of personnel stationed in a U.S. territory as defined in section 226 of this Act at costs not in excess of those paid for or reimbursed by the Department of Defense. (RESCISSION) 234. Of the unobligated balances in the Nonrecurring Expenses Fund established in section 223 of division G of Public Law 110–161 , $650,000,000 are hereby rescinded not later than September 30, 2023. 235. Of the unobligated balances available in the Nonrecurring Expenses Fund established in section 223 of division G of Public Law 110–161 , $37,500,000, in addition to any funds otherwise made available for such purpose in this, previous, or subsequent fiscal years, shall be available for acquisition of real property, equipment, design, construction, installation, renovation, and repair and improvement for the Centers for Disease Control and Prevention to develop the replacement Lake Lynn Experimental Mine and Laboratory facility. 236. The Secretary of Health and Human Services may waive penalties and administrative requirements in title XXVI of the Public Health Service Act for awards under such title from amounts provided under the heading Department of Health and Human Services—Health Resources and Services Administration in this or any other appropriations Act for this fiscal year, including amounts made available to such heading by transfer. 237. (a) Premium pay authority If services performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act are determined by the Secretary of Health and Human Services to be primarily related to the preparation for, prevention of, or response to such public health emergency, any premium pay that is provided for such services shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(a) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium payable on a biweekly or calendar year basis. (b) Overtime authority Any overtime that is provided for such services described in subsection (a) shall be exempted from any annual limit on the amount of overtime payable in a calendar or fiscal year. (c) Applicability of aggregate limitation on pay In determining, for purposes of section 5307 of title 5, United States Code, whether an employee’s total pay exceeds the annual rate payable under such section, the Secretary of Health and Human Services shall not include pay exempted under this section. (d) Limitation of pay authority Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the calendar year in which the exempted pay is earned to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code. (e) Danger pay for service in public health emergencies The Secretary of Health and Human Services may grant a danger pay allowance under section 5928 of title 5, United States Code, without regard to the conditions of the first sentence of such section, for work that is performed by a Department of Health and Human Services employee during a public health emergency declared under section 319 of the Public Health Service Act that the Secretary determines is primarily related to preparation for, prevention of, or response to such public health emergency and is performed under conditions that threaten physical harm or imminent danger to the health or well-being of the employee. (f) Effective date This section shall take effect as if enacted on September 30, 2021. 238. (a) None of the funds made available by this Act may be awarded to any organization, including under the Child Welfare or Federal Foster Care programs under part B or E of title IV of the Social Security Act, that does not comply with subsections (c) and (d) of section 75.300 of title 45, Code of Federal Regulations (prohibiting discrimination on the basis of age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation), as in effect on October 1, 2019. (b) None of the funds made available by this Act may be used by the Department of Health and Human Services to grant an exception from either such paragraph for any Federal grantee. 239. Section 317G of the Public Health Service Act ( 42 U.S.C. 247b–8 ) is amended by adding at the end the following: The Secretary may, no later than 120 days after the end of an individual’s participation in such a fellowship or training program, and without regard to those provisions of title 5, United States Code, governing appointments in the competitive service, appoint a participant in such a fellowship or training program to a term or permanent position in the Centers for Disease Control and Prevention. . 240. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. ), the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Comprehensive Smoking Education Act ( 15 U.S.C. 1331 et seq. ), the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ), the Drug Abuse Prevention, Treatment, and Rehabilitation Act ( 21 U.S.C. 1101 et seq. ), the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), and title 5 of the United States Code are each amended (including in headings)— (1) by striking National Institute on Drug Abuse each place it appears and inserting National Institute on Drugs and Addiction ; and (2) by striking National Advisory Council on Drug Abuse each place it appears and inserting National Advisory Council on Drugs and Addiction . (b) Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) in section 464H(b)(5), by striking National Institute of Drug Abuse and inserting National Institute on Drugs and Addiction ; (2) in sections 464L, 464M(a), 464O, and 494A, by striking drug abuse each place it appears and inserting drug use ; (3) in section 464L(a), by striking treatment of drug abusers and inserting treatment of drug addiction ; (4) in section 464M(a), by striking prevention of such abuse and inserting prevention of such use ; (5) in section 464N— (A) in the section heading, by striking Drug abuse research centers and inserting Drugs and addiction research centers ; (B) in subsection (a)— (i) in matter preceding paragraph (1), by striking National Drug Abuse Research Centers and inserting National Drugs and Addiction Research Centers ; and (ii) in paragraph (1)(C), by striking treatment of drug abuse and inserting treatment of drug addiction ; and (C) in subsection (c)— (i) by striking Drug Abuse and Addiction Research and inserting Drugs and Addiction Research Centers ; (ii) in paragraph (1), by striking National Drug Abuse Treatment Clinical Trials Network and inserting National Drug Addiction Treatment Clinical Trials Network ; and (iii) in paragraph (2)(H), by striking reasons that individuals abuse drugs, or refrain from abusing drugs and inserting reasons that individuals use drugs or refrain from using drugs ; and (6) in section 464P— (A) in subsection (a)— (i) in paragraph (1), by striking drug abuse treatments and inserting drug addiction treatments ; and (ii) in paragraph (6), by striking treatment of drug abuse and inserting treatment of drug addiction ; and (B) in subsection (d)— (i) by striking disease of drug abuse and inserting disease of drug addiction ; (ii) by striking abused drugs each place it appears and inserting addictive drugs ; and (iii) by striking drugs of abuse and inserting drugs of addiction . (c) Section 464N of the Public Health Service Act ( 42 U.S.C. 285o–2 ), as amended by subsection (b)(5), is further amended by striking drug abuse each place it appears and inserting drug use . (d) Any reference in any law, regulation, map, document, paper, or other record of the United States to the National Institute on Drug Abuse shall be considered to be a reference to the National Institute on Drugs and Addiction. 241. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. ) and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 ( 42 U.S.C. 4541 et seq. ) are each amended (including in headings)— (1) by striking National Institute on Alcohol Abuse and Alcoholism each place it appears and inserting National Institute on Alcohol Effects and Alcohol-Associated Disorders ; and (2) by striking National Advisory Council on Alcohol Abuse and Alcoholism each place it appears and inserting National Advisory Council on Alcohol Effects and Alcohol-Associated Disorders . (b) Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended— (1) in section 464H— (A) in subsection (a)— (i) by striking prevention of alcohol abuse and inserting prevention of alcohol misuse ; and (ii) by striking treatment of alcoholism and inserting treatment of alcohol-associated disorders ; and (B) in subsection (b)— (i) in paragraph (3)— (I) in subparagraph (A), by striking alcohol abuse and domestic violence and inserting alcohol misuse and domestic violence ; (II) in subparagraph (D), by striking abuse of alcohol and inserting misuse of alcohol ; (III) by amending subparagraph (E) to read as follows: (E) the effect of social pressures, legal requirements regarding the use of alcoholic beverages, the cost of such beverages, and the economic status and education of users of such beverages on the incidence of alcohol misuse, alcohol use disorder, and other alcohol-associated disorders, ; and (ii) in paragraph (5), by striking impact of alcohol abuse and inserting impact of alcohol misuse ; (2) in sections 464H(b), 464I, and 494A, by striking alcohol abuse and alcoholism each place it appears and inserting alcohol misuse, alcohol use disorder, and other alcohol-associated disorders ; (3) in sections 464H(b) and 464J(a), by striking alcoholism and alcohol abuse each place it appears and inserting alcohol misuse, alcohol use disorder, and other alcohol-associated disorders ; and (4) in section 464J(a)— (A) by striking alcoholism and other alcohol problems each place it appears and inserting alcohol misuse, alcohol use disorder, and other alcohol-associated disorders ; (B) in the matter preceding paragraph (1), by striking interdisciplinary research related to alcoholism and inserting interdisciplinary research related to alcohol-associated disorders ; and (C) in paragraph (1)(E), by striking alcohol problems each place it appears and inserting alcohol misuse, alcohol use disorder, and other alcohol-associated disorders . (c) Any reference in any law, regulation, map, document, paper, or other record of the United States to the National Institute on Alcohol Abuse and Alcoholism shall be considered to be a reference to the National Institute on Alcohol Effects and Alcohol-Associated Disorders. 242. (a) The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended (including in headings)— (1) by striking Substance Abuse and Mental Health Services Administration each place it appears and inserting Substance Use And Mental Health Services Administration ; (2) by striking Center for Substance Abuse Treatment each place it appears and inserting Center for Substance Use Services ; and (3) by striking Center for Substance Abuse Prevention each place it appears and inserting Center for Substance Use Prevention Services . (b) Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended— (1) in the title heading, by striking Substance abuse and mental health services administration and inserting Substance use and mental health services administration ; (2) in section 501— (A) in the section heading, by striking Substance abuse and mental health services administration and inserting Substance use and mental health services administration ; and (B) in subsection (a), by striking (hereafter referred to in this title as the Administration ) and inserting (hereafter referred to in this title as SAMHSA or the Administration ) ; (3) in section 507, in the section heading, by striking Center for substance abuse treatment and inserting Center for substance use services ; (4) in section 513(a), in the subsection heading, by striking Center for substance abuse treatment and inserting Center for substance use services ; and (5) in section 515, in the section heading, by striking Center for substance abuse prevention and inserting Center for substance use prevention services . (c) Section 1932(b)(3) of the Public Health Service Act ( 42 U.S.C. 300x–32(b)(3) ) is amended in the paragraph heading by striking center for substance abuse prevention and inserting center for substance use prevention services . (d) Section 1935(b)(2) of the Public Health Service Act ( 42 U.S.C. 300x–35(b)(2) ) is amended in the paragraph heading by striking center for substance abuse prevention and inserting center for substance use prevention services . (e) Subtitle C of title IV of Public Law 99–570 , as amended ( 25 U.S.C. 2401 et seq. ) is amended (including in headings) by striking Substance Abuse and Mental Health Services Administration each place it appears and inserting Substance Use And Mental Health Services Administration . (f) The Social Security Act is amended in sections 1861, 1866F, and 1945 ( 42 U.S.C. 1395x , 1395cc–6, 1396w–4) by striking Substance Abuse and Mental Health Services Administration each place it appears and inserting Substance Use And Mental Health Services Administration . (g) Section 105(a)(7)(C)(i)(III) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106(a)(7)(C)(i)(III) ) is amended by striking Substance Abuse and Mental Health Services Administration and inserting Substance Use And Mental Health Services Administration . (h) (1) Except as provided in paragraph (2), any reference in any law, regulation, map, document, paper, or other record of the United States to the Substance Abuse and Mental Health Services Administration, the Center for Substance Abuse Treatment of such Administration, or the Center for Substance Abuse Prevention of such Administration shall be considered to be a reference to the Substance Use And Mental Health Services Administration, the Center for Substance Use Services of such Administration, or the Center for Substance Use Prevention Services of such Administration, respectively. (2) Paragraph (1) shall not be construed to alter or affect section 6001(d) of the 21st Century Cures Act ( 42 U.S.C. 290aa note), providing that a reference to the Administrator of the Substance Abuse and Mental Health Services Administration shall be construed to be a reference to the Assistant Secretary for Mental Health and Substance Use. (INCLUDING TRANSFER OF FUNDS) 243. In addition to amounts otherwise appropriated by this Act under the heading Office of the Secretary—General Departmental Management there are hereby appropriated an additional $350,000,000, to remain available until expended, for the Secretary to make grants to, and enter into contracts with, public or nonprofit private entities that assist individuals in accessing abortion services and overcoming barriers that might impede access to such services, including by covering the costs of travel, lodging, and childcare, through hiring, and the construction and renovation (including equipment) of health care and other facilities, and by otherwise assisting providers: Provided, That the Secretary may transfer amounts made available under this section to other accounts of the Department of Health and Human Services for such purposes. 244. Of the amounts made available by this Act under the heading Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance , $2,500,000,000 is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This title may be cited as the Department of Health and Human Services Appropriations Act, 2023 . III DEPARTMENT OF EDUCATION Education for the disadvantaged For carrying out title I and subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ESEA ) and section 418A of the Higher Education Act of 1965 (referred to in this Act as HEA ), $20,852,667,000, of which $9,915,490,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $10,841,177,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, That $6,459,401,000 shall be for basic grants under section 1124 of the ESEA: Provided further, That up to $5,000,000 of these funds shall be available to the Secretary of Education (referred to in this title as Secretary ) on October 1, 2022, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further, That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $6,157,550,000 shall be for targeted grants under section 1125 of the ESEA: Provided further, That $6,157,550,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further, That of the amount available for section 1124 of the ESEA, the Secretary may reserve up to $50,000,000 for grants to States for voluntary activities designed to improve State performance on effort and equity factors described in section 1125A of the ESEA: Provided further, That $229,000,000 shall be for carrying out subpart 2 of part B of title II: Provided further, That $59,000,000 shall be for carrying out section 418A of the HEA: Provided further, That the Secretary may reduce, but not eliminate, the percentage of funds available for new awards for a program under such section if the Secretary determines that there are not a sufficient number of high-quality applications for that program: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any such reduction: Provided further, That subsection (b) of section 1004 of the ESEA shall apply to amounts appropriated under this heading as if the amount specified in such subsection is the amount appropriated for such purposes in division H of Public Law 117–103 : Provided further, That paragraph (2) of section 1004(a) of the ESEA shall apply to funds available under this heading as if the amount specified for States in such paragraph is $800,000. Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VII of the ESEA, $1,610,112,000, of which $1,459,242,000 shall be for basic support payments under section 7003(b), $48,316,000 shall be for payments for children with disabilities under section 7003(d), $18,406,000, to remain available through September 30, 2024, shall be for construction under section 7007(b), $79,313,000 shall be for Federal property payments under section 7002, and $4,835,000, to remain available until expended, shall be for facilities maintenance under section 7008: Provided, That for purposes of computing the amount of a payment for an eligible local educational agency under section 7003(a) for school year 2022–2023, children enrolled in a school of such agency that would otherwise be eligible for payment under section 7003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 7003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. School improvement programs For carrying out school improvement activities authorized by part B of title I, part A of title II, subpart 1 of part A of title IV, part B of title IV, part B of title V, and parts B and C of title VI of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $5,910,843,000, of which $4,047,513,000 shall become available on July 1, 2023, and remain available through September 30, 2024, and of which $1,681,441,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, That $390,000,000 shall be for part B of title I: Provided further, That $1,374,673,000 shall be for part B of title IV: Provided further, That $53,897,000 shall be for part B of title VI, of which not less than $10,000,000 shall be used for construction, renovation, and modernization of any public elementary school, secondary school, or structure related to a public elementary school or secondary school that serves a predominantly Native Hawaiian student body, and that the 5 percent limitation in section 6205(b) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That $39,953,000 shall be for part C of title VI, which shall be awarded on a competitive basis, and may be used for construction, and that the 5 percent limitation in section 6305 of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That $57,000,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002 and the Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of Indian Education has access to services provided under this section: Provided further, That $24,464,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further, That the Secretary may reserve up to 5 percent of the amount referred to in the previous proviso to provide technical assistance in the implementation of these grants: Provided further, That $215,840,000 shall be for part B of title V: Provided further, That $1,345,000,000 shall be available for grants under subpart 1 of part A of title IV. Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VI, part A of the ESEA, $194,746,000, of which $72,000,000 shall be for subpart 2 of part A of title VI and $12,365,000 shall be for subpart 3 of part A of title VI: Provided, That not less than $5,500,000 shall be available for carrying out section 6133 of the ESEA: Provided further, That the 5 percent limitation in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for administrative purposes shall apply only to direct administrative costs: Provided further, That grants awarded under sections 6132 and 6133 of the ESEA with funds provided under this heading may be for a period of up to 5 years. Innovation and improvement For carrying out activities authorized by subparts 1, 3 and 4 of part B of title II, and parts C, D, and E and subparts 1 and 4 of part F of title IV of the ESEA, $1,305,500,000: Provided, That $245,500,000 shall be for subparts 1, 3 and 4 of part B of title II and shall be made available without regard to sections 2201, 2231(b) and 2241: Provided further, That $700,000,000 shall be for parts C, D, and E and subpart 4 of part F of title IV, and shall be made available without regard to sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That section 4303(d)(3)(A)(i) shall not apply to the funds available for part C of title IV: Provided further, That of the funds available for part C of title IV, the Secretary shall use not more than $65,000,000 to carry out section 4304, of which not more than $10,000,000 shall be available to carry out section 4304(k), $140,000,000, to remain available through March 31, 2024, to carry out section 4305(b), and not more than $16,000,000 to carry out the activities in section 4305(a)(3): Provided further, That notwithstanding section 4601(b), $360,000,000 shall be available through December 31, 2023 for subpart 1 of part F of title IV: Provided further, That of the funds available for subpart 4 of part F of title IV, not less than $8,000,000 shall be for continuation grants for eligible national nonprofit organizations, as described in the Applications for New Awards; Assistance for Arts Education Program published in the Federal Register on May 31, 2022, for activities described under section 4642(a)(1)(C). Safe schools and citizenship education For carrying out activities authorized by subparts 2 and 3 of part F of title IV of the ESEA, $442,000,000, to remain available through December 31, 2023: Provided, That $201,000,000 shall be available for section 4631, of which up to $5,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence (Project SERV) program: Provided further, That $150,000,000 shall be available for section 4625: Provided further, That $91,000,000 shall be for section 4624. English language acquisition For carrying out part A of title III of the ESEA, $954,041,000, which shall become available on July 1, 2023, and shall remain available through September 30, 2024, except that 6.5 percent of such amount shall be available on October 1, 2022, and shall remain available through September 30, 2024, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary may reserve up to 2 percent of the amount made available under this heading for technical assistance. Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $16,744,570,000, of which $7,071,627,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $9,283,383,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024, for academic year 2023–2024: Provided, That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2022, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year 2021: Provided further, That the Secretary shall, without regard to section 611(d) of the IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State's allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States' relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part, and 15 percent to States on the basis of the States' relative populations of those children who are living in poverty: Provided further, That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State's allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a State's allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply the reduction specified in section 612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 5, until the entire reduction is applied: Provided further, That the Secretary may, in any fiscal year in which a State's allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction: Provided further, That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act ( 20 U.S.C. 1234a ): Provided further, That the funds reserved under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA: Provided further, That the Secretary may use funds made available for the State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart: Provided further, That States may use funds reserved for other State-level activities under sections 611(e)(2) and 619(f) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by those sections: Provided further, That, notwithstanding section 643(e)(2)(A) of the IDEA, if five or fewer States apply for grants pursuant to section 643(e) of such Act, the Secretary shall provide a grant to each State in an amount equal to the maximum amount described in section 643(e)(2)(B) of such Act: Provided further, That if more than five States apply for grants pursuant to section 643(e) of the IDEA, the Secretary shall award funds to those States on the basis of the States' relative populations of infants and toddlers except that no such State shall receive a grant in excess of the amount described in section 643(e)(2)(B) of such Act: Provided further, That States may use funds allotted under section 643(c) of the IDEA to make subgrants to local educational agencies, institutions of higher education, other public agencies, and private non-profit organizations to carry out activities authorized by section 638 of IDEA: Provided further, That, notwithstanding section 638 of the IDEA, a State may use funds it receives under section 633 of the IDEA to offer continued early intervention services to a child who previously received services under part C of the IDEA from age 3 until the beginning of the school year following the child’s third birthday with parental consent and without regard to the procedures in section 635(c) of the IDEA: Provided further, That, notwithstanding section 643(e)(1) of the IDEA, the Secretary may reserve up to $45,000,000 of the funds appropriated under part C of the IDEA to provide grants to States that are either carrying out the policy described in sections 632(5)(B)(ii) and 635(c) or are serving at-risk infants and toddlers as defined in section 632(1) and 632(5)(B)(i) in order to facilitate the implementation of such policy: Provided further, That, notwithstanding section 638 of the IDEA, any State receiving a grant under section 633 of the IDEA may reserve from its award an amount necessary for use in a manner described in a State plan, approved in the State, to ensure equitable access to and participation in part C services in the State, particularly for populations that have been traditionally underrepresented in the program: Provided further, That any State seeking to amend its eligibility criteria under section 635(a)(1) of the IDEA in such a way that would have the effect of reducing the number of infants and families who are eligible under part C must conduct the public participation under section 637(a)(8) of the IDEA at least 24 months prior to implementing such a change: Provided further, That, notwithstanding section 638 of the IDEA, a State may use funds appropriated under part C of the IDEA to conduct child find, public awareness and referral activities for an individual who is expected to become a parent of an infant with a disability (as that term is defined in section 632(5)), as established by medical or other records: Provided further, That any State electing to use funds under the preceding proviso shall ensure, that as soon as possible but not later than 45 days after the child's birth, it completes the referral and eligibility process under this part for that child: Provided further, That, notwithstanding section 611 of the IDEA, the Secretary may reserve up to $5,000,000 to study issues related to the creation and implementation of a comprehensive system of services and supports for children with disabilities from birth through age 5. Rehabilitation services (INCLUDING TRANSFER OF FUNDS) For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, $4,093,406,000, of which $3,949,707,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided in this Act that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at increasing competitive integrated employment as defined in section 7 of such Act for youth and other individuals with disabilities: Provided further, That up to 15 percent of the amounts available for innovative activities described in the preceding proviso from funds provided under this paragraph in this Act may be used for evaluation and technical assistance related to such activities: Provided further, That States may award subgrants for a portion of the funds to other public and private, nonprofit entities: Provided further, That any funds provided in this Act and made available subsequent to reallotment for innovative activities aimed at improving the outcomes of individuals with disabilities shall remain available until September 30, 2024: Provided further, That the Secretary may transfer up to $35,000,000 of the funds provided in this Act and made available subsequent to reallotment for innovative activities aimed at improving the outcomes of individuals with disabilities to Institute of Education Sciences for an evaluation of outcomes for students receiving services and supports under IDEA and section 504 accommodations: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority in this Act. Special institutions for persons with disabilities AMERICAN PRINTING HOUSE FOR THE BLIND For carrying out the Act to Promote the Education of the Blind of March 3, 1879, $43,431,000. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $92,500,000: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act. GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $180,361,000, of which up to $30,000,000, to remain available until expended, shall be for construction, as defined by section 201(2) of such Act: Provided, That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 ( Perkins Act ) and the Adult Education and Family Literacy Act ( AEFLA ), $2,246,436,000, of which $1,445,436,000 shall become available on July 1, 2023, and shall remain available through September 30, 2024, and of which $791,000,000 shall become available on October 1, 2023, and shall remain available through September 30, 2024: Provided, That $60,000,000 shall be available for innovation and modernization grants under such section 114(e) of such Act: Provided further, That of the amounts made available for AEFLA, $13,712,000 shall be for national leadership activities under section 242. Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA, $24,625,352,000 which shall remain available through September 30, 2024. The maximum Pell Grant for which a student shall be eligible during award year 2023–2024 shall be $6,335. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA, and subpart 1 of part A of title VII of the Public Health Service Act, $2,594,034,000, to remain available through September 30, 2024: Provided, That the Secretary shall allocate new student loan borrower accounts to eligible student loan servicers on the basis of their past performance compared to all loan servicers utilizing established common metrics, and on the basis of the capacity of each servicer to process new and existing accounts: Provided further, That for student loan contracts awarded prior to October 1, 2017, the Secretary shall allow student loan borrowers who are consolidating Federal student loans to select from any student loan servicer to service their new consolidated student loan: Provided further, That in order to promote accountability and high-quality service to borrowers, the Secretary shall not award funding for any contract solicitation for a new Federal student loan servicing environment, including the solicitation for the Federal Student Aid (FSA) Next Generation Processing and Servicing Environment, unless such an environment provides for the participation of multiple student loan servicers that contract directly with the Department of Education to manage a unique portfolio of borrower accounts and the full life-cycle of loans from disbursement to pay-off with certain limited exceptions, and allocates student loan borrower accounts to eligible student loan servicers based on performance: Provided further, That the Department shall re-allocate accounts from servicers for recurring non-compliance with FSA guidelines, contractual requirements, and applicable laws, including for failure to sufficiently inform borrowers of available repayment options: Provided further, That such servicers shall be evaluated based on their ability to meet contract requirements (including an understanding of Federal and State law), future performance on the contracts, and history of compliance with applicable consumer protections laws: Provided further, That to the extent FSA permits student loan servicing subcontracting, FSA shall hold prime contractors accountable for meeting the requirements of the contract, and the performance and expectations of subcontractors shall be accounted for in the prime contract and in the overall performance of the prime contractor: Provided further, That FSA shall ensure that the Next Generation Processing and Servicing Environment, or any new Federal loan servicing environment, incentivize more support to borrowers at risk of delinquency or default: Provided further, That the Secretary shall ensure that all contractors in the current and future servicing environments are held accountable for performance on service levels, non-compliance with Department guidelines, non-compliance with contractual requirements, and non-compliance with applicable Federal and State consumer protection law, including for failure to sufficiently inform borrowers of available repayment, forgiveness, or discharge options: Provided further, That FSA shall strengthen transparency through expanded publication of quarterly data on student loan discharges and forgiveness, collections, and contractor performance and outcomes: Provided further, That any new Federal student loan servicing environment, shall include accountability measures that account for the performance of the portfolio and contractor compliance with FSA guidelines: Provided further, That the Secretary shall not delay, prevent, or otherwise obstruct, directly or indirectly, Federal or State law enforcement, regulation, or information collection from the Department’s contractors: Provided further, That the Secretary shall ensure that the future servicing environment provides for a single, centralized website and phone line with U.S. Department of Education branding for all federally-held student loan borrowers to manage account information and make payments: Provided further, That, in any future servicing environment, the Secretary shall make available upon request or complaint from a borrower or Federal or State law enforcement, or upon finding of noncompliance with applicable Federal or State consumer protection laws or contractual requirements, the name and other identifying information of any contractor that interacts directly with a borrower, including the nature of such interaction with the borrower: Provided further, That the Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Health, Education, Labor, and Pensions of the Senate on general progress related to solicitations for Federal student loan servicing contracts: Provided further, That not later than 60 days after enactment of this Act, FSA shall provide to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan of anticipated uses of funds made available in this account for fiscal year 2023 and provide quarterly updates on this plan (including contracts awarded, change orders, bonuses paid to staff, reorganization costs, and any other activity carried out using amounts provided under this heading for fiscal year 2023). Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Perkins Act, $3,547,681,000, of which $214,000,000 shall remain available through December 31, 2023: Provided, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV of the HEA may be used for evaluation: Provided further, That section 313(d) of the HEA shall not apply to an institution of higher education that is eligible to receive funding under section 318 of the HEA: Provided further, That amounts made available for carrying out section 419N of the HEA may be awarded notwithstanding the limitations in section 419N(b)(2) of the HEA: Provided further, That of the amounts made available under this heading, $218,593,000 shall be used for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided further, That none of the funds made available for projects described in the preceding proviso shall be subject to section 302 of this Act. Howard university For partial support of Howard University, $359,018,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, $298,000. Historically black college and university capital financing program account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2024: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $752,065,725: Provided further, That these funds may be used to support loans to public and private Historically Black Colleges and Universities without regard to the limitations within section 344(a) of the HEA. In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $528,000. Institute of education sciences For necessary expenses for the Institute of Education Sciences as authorized by section 208 of the Department of Education Organization Act and carrying out activities authorized by the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $831,395,000, which shall remain available through September 30, 2024: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems: Provided further, That up to $6,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, State, and national levels. Departmental management PROGRAM ADMINISTRATION For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $448,000,000, of which up to $8,000,000, to remain available until expended, shall be available for relocation expenses, and for the renovation and repair of leased buildings: Provided, That, notwithstanding any other provision of law, none of the funds provided by this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, reduces the staffing level, or alters the responsibilities, structure, authority, or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget Service as in effect on January 1, 2018: Provided further, That, from the amount available under this heading, the Secretary may use up to $5,000,000 to support a commission on supporting the teaching profession that addresses the pressing needs of elementary and secondary school students, public schools and the field, including improving the racial, ethnic, and linguistic diversity of the teaching profession, the recruitment and retention of effective teachers, the equitable distribution of effective teachers in high-need local educational agencies and high-need schools, the provision of professional support and growth opportunities, and how states and local educational agencies can improve compensation and working conditions of educators so that their compensation is competitive with similarly educated professionals. OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $161,300,000. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $77,000,000, of which $3,000,000 shall remain available until expended. General provisions 301. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (TRANSFER OF FUNDS) 302. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 303. Funds appropriated in this Act and consolidated for evaluation purposes under section 8601(c) of the ESEA shall be available from July 1, 2023, through September 30, 2024. 304. (a) An institution of higher education that maintains an endowment fund supported with funds appropriated for title III or V of the HEA for fiscal year 2023 may use the income from that fund to award scholarships to students, subject to the limitation in section 331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, prior to the enactment of this Act, shall be considered to have been an allowable use of that income, subject to that limitation. (b) Subsection (a) shall be in effect until titles III and V of the HEA are reauthorized. 305. Section 114(f) of the HEA ( 20 U.S.C. 1011c(f) ) shall be applied by substituting 2023 for 2021 . 306. Section 458(a)(4) of the HEA ( 20 U.S.C. 1087h(a) ) shall be applied by substituting 2023 for 2021 . 307. Funds appropriated in this Act under the heading Student Aid Administration may be available for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans under part E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087aa et seq. ). (RESCISSION) 308. Of the amounts appropriated under section 401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv)(XI) ) for fiscal year 2023, $221,000,000 are hereby rescinded. 309. Of the amounts made available in this title under the heading Student Aid Administration , $2,300,000 shall be used by the Secretary of Education to conduct outreach to borrowers of loans made under part D of title IV of the Higher Education Act of 1965 who may intend to qualify for loan cancellation under section 455(m) of such Act ( 20 U.S.C. 1087e(m) ), to ensure that borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall specifically conduct outreach to assist borrowers who would qualify for loan cancellation under section 455(m) of such Act except that the borrower has made some, or all, of the 120 required payments under a repayment plan that is not described under section 455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying repayment plan: Provided further, That the Secretary shall also communicate to all Direct Loan borrowers the full requirements of section 455(m) of such Act and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and creating an option for all borrowers to complete the entire payment certification process electronically and on a centralized website. 310. The Secretary may reserve not more than 0.5 percent from any amount made available in this Act for an HEA program, except for any amounts made available for subpart 1 of part A of title IV of the HEA, to carry out rigorous and independent evaluations and to collect and analyze outcome data for any program authorized by the HEA: Provided, That no funds made available in this Act for the Student Aid Administration account shall be subject to the reservation under this section: Provided further, That any funds reserved under this section shall be available through September 30, 2025: Provided further, That if, under any other provision of law, funds are authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may also reserve funds for such program or project for the purposes described in this section so long as the total reservation of funds for such program or project does not exceed any statutory limits on such reservations: Provided further, That not later than 30 days prior to the initial obligation of funds reserved under this section, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a plan that identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld for the purposes of this section, and the activities to be carried out with such funds. 311. In addition to amounts otherwise appropriated by this Act under the heading Innovation and Improvement for purposes authorized by the Elementary and Secondary Education Act of 1965, there are hereby appropriated an additional $56,264,000 which shall be used for the projects, and in the amounts, specified in the table titled Congressionally Directed Spending Items in the explanatory statement accompanying this Act: Provided, That none of the funds made available for such projects shall be subject to section 302 of this Act. 312. The Education Amendments Act of 1972 is amended by striking section 802. 313. Of the amounts appropriated in this Act for Institute of Education Sciences , $18,000,000 shall be available for the Secretary of Education ( the Secretary ) to provide support services to the Institute of Education Sciences (including, but not limited to information technology services, lease or procurement of office space, human resource services, financial management services, financial systems support, budget formulation and execution, legal counsel, equal employment opportunity services, physical security, facilities management, acquisition and contract management, grants administration and policy, and enterprise risk management): Provided, That the Secretary shall calculate the actual amounts obligated and expended for such support services by using a standard Department of Education methodology for allocating the cost of all such support services: Provided further, That the Secretary may transfer any amounts available for IES support services in excess of actual amounts needed for IES support services, as so calculated, to the Program Administration account from the Institute of Education Sciences account: Provided further, That in order to address any shortfall between amounts available for IES support services and amounts needed for IES support services, as so calculated, the Secretary may transfer necessary amounts to the Institute of Education Sciences account from the Program Administration account: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 14 days in advance of any transfer made pursuant to this section. 314. (a) (1) Section 484(a)(5) of the HEA of 1965 ( 20 U.S.C. 1091(a)(5) ) is amended—(A) by inserting or a DACA recipient (as defined in subsection (u)), have temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), be subject to a grant of deferred enforced departure, after a permanent resident of the United States, ; and (B) by inserting be before able . (2) Section 484(a) of such Act ( 20 U.S.C. 1091(a) ) is amended by adding at the end the following: (u) DACA recipient In this section, the term DACA recipient means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) ) who is inadmissible to the United State or deportable from the United States under the immigration laws (as defined in section 101(a)(17) of such Act ( 8 U.S.C. 1101(a)(17) ), and who the Secretary of Homeland Security has, in his or her discretion, determined should be afforded a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA) policy. . (3) The amendments made by this subsection shall take effect on July 1, 2023. (b) (1) Subsection (n)(1)(A)(iv) of section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) is amended by striking by adding at the end and inserting by inserting after subsection (r), as redesignated under clause (i), . (2) The amendment made by paragraph (1) shall take effect as if included in the enactment of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ). This title may be cited as the Department of Education Appropriations Act, 2023 . IV RELATED AGENCIES Committee for purchase from people who are blind or severely disabled SALARIES AND EXPENSES For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled (referred to in this title as the Committee ) established under section 8502 of title 41, United States Code, $13,124,000: Provided, That in order to authorize any central nonprofit agency designated pursuant to section 8503(c) of title 41, United States Code, to perform requirements of the Committee as prescribed under section 51–3.2 of title 41, Code of Federal Regulations, the Committee shall enter into a written agreement with any such central nonprofit agency: Provided further, That such agreement shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, United States Code: Provided further, That such agreement shall include the elements listed under the heading Committee For Purchase From People Who Are Blind or Severely Disabled—Written Agreement Elements in the explanatory statement accompanying this Act: Provided further, That any such central nonprofit agency may not charge a fee under section 51–3.5 of title 41, Code of Federal Regulations, prior to executing a written agreement with the Committee: Provided further, That no less than $3,124,000 shall be available for the Office of Inspector General. Corporation for national and community service OPERATING EXPENSES For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS ) to carry out the Domestic Volunteer Service Act of 1973 (referred to in this title as 1973 Act ) and the National and Community Service Act of 1990 (referred to in this title as 1990 Act ), $912,690,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided under this heading: (1) up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $19,538,000 shall be available to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $36,375,000 shall be available to carry out subtitle E of the 1990 Act; and (4) $8,558,000 shall be available for expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of section 198P shall be awarded by CNCS on a competitive basis: Provided further, That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need by the local community. PAYMENT TO THE NATIONAL SERVICE TRUST (INCLUDING TRANSFER OF FUNDS) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $210,550,000, to remain available until expended: Provided, That CNCS may transfer additional funds from the amount provided within Operating Expenses allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b) . SALARIES AND EXPENSES For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 , and not to exceed $2,500 for official reception and representation expenses, $95,082,000. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $7,000,000. ADMINISTRATIVE PROVISIONS 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2023, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act— (1) entities described in paragraph (a) of such section shall be considered qualified entities under section 3 of the National Child Protection Act of 1993 ( NCPA ); (2) individuals described in such section shall be considered volunteers under section 3 of NCPA; and (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 . 406. Notwithstanding sections 139(b), 146 and 147 of the 1990 Act, CNCS may determine the number of hours required to successfully complete any term of service less than 1,700 hours, except that any reduction of the required term of service below 1,700 hours shall include a corresponding reduction in the amount of any national service educational award that may be available under subtitle D with regard to that service. 407. Section 148(f)(2)(A)(i) of the 1990 Act shall be applied by substituting an approved national service position for a national service program that receives grants under subtitle C . 408. (a) Section 137(a)(5) of the 1990 Act shall be applied in fiscal year 2023 as if the following were inserted before the period: , or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children (Deferred Action for Childhood Arrivals) . (b) Section 146(a)(3) of the 1990 Act shall be applied in fiscal year 2023 as if the following were inserted before the period: , or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children (Deferred Action for Childhood Arrivals) . (c) Notwithstanding sections 141 and 146 of the 1990 Act, or any other provision of law, a participant in a national service program carried out under the authority of the 1973 Act shall be eligible for the national service educational award described in subtitle D of title I of the 1990 Act if the participant— (1) meets the criteria specified in paragraphs (1) through (4) of subsection (a) of section 137 of the 1990 Act; and (2) is a citizen or national of the United States or lawful permanent resident alien of the United States, is able to provide evidence from the Department of Homeland Security that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or has submitted a request for administrative relief pursuant to the policy established in the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled Exercising Discretion with Respect to Individuals Who Came to the United States as Children (Deferred Action for Childhood Arrivals). 409. An individual in an approved national service position in a program under section 152(a) of the 1990 Act may upon the approval of the Director of the National Civilian Community Corps continue in a term of service for up to 180 days beyond the period otherwise specified in section 153(d), or 90 days beyond the period otherwise specified in section 154(c). 410. (a) Notwithstanding sections 139, 147, 153, and 154 of the 1990 Act, the Director of the National Civilian Community Corps may enter into agreements with eligible individuals to participate in a National Civilian Community Corps program for a period of not less than 90 days and not more than 180 days. (b) An eligible individual who enters into an agreement with the Director under subsection (a) may receive an educational award equivalent to a proportional amount of the full-time national service educational award authorized under section 147(a) of the 1990 Act that corresponds to the term of service that such individual completes. (c) For purposes of this section, the term eligible individual means an individual who is at least 18 years of age and not more than 26 years of age as of the date the term of service commences. 411. In carrying out section 198(i) of the 1990 Act, CNCS may make grants to, enter into cooperative agreements with, and provide other support to eligible entities, without regard to the limitation on Federal share contained in section 198(i)(4) of the 1990 Act. Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB ), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2025, $565,000,000: Provided, That none of the funds made available to CPB by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further, That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB. In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system, including the costs of interconnection facilities and operations under subsections (k)(3)(A)(i)(II) and (k)(3)(A)(iv)(I) of section 396 of the Communications Act of 1934, and for other technologies and services that create infrastructure and efficiencies within the public media system, $60,000,000: Provided, That such amount shall be in addition to any other funds available for such purposes. Federal mediation and conciliation service SALARIES AND EXPENSES For expenses necessary for the Federal Mediation and Conciliation Service ( Service ) to carry out the functions vested in it by the Labor-Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $53,705,000, of which not to exceed $1,000,000 shall remain available through September 30, 2024, for assistance activities authorized by the Labor-Management Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302 , fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director's jurisdiction. Federal mine safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Federal Mine Safety and Health Review Commission, $18,012,000. Institute of museum and library services OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND ADMINISTRATION For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $301,800,000: Provided, That notwithstanding section 210A of the Museum and Library Services Act, $20,000,000 shall be available through September 30, 2024 for the purpose of making grants to support improvements to public library and museum facilities: Provided further, That in awarding such grants, the Director of the Institute of Museum and Library Services shall give priority to public libraries and museums located or serving in rural and underserved communities, including economically disadvantaged areas, as determined by the Director: Provided further, That the Director shall reserve not more than $2,000,000 of the funds described in the first proviso to conduct a comprehensive study of the physical condition of public libraries and museums in each State and outlying area. Medicaid and CHIP payment and access commission SALARIES AND EXPENSES For expenses necessary to carry out section 1900 of the Social Security Act, $9,727,000. Medicare payment advisory commission SALARIES AND EXPENSES For expenses necessary to carry out section 1805 of the Social Security Act, $13,440,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. National council on disability SALARIES AND EXPENSES For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973, $3,850,000. National labor relations board SALARIES AND EXPENSES For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $319,424,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. National mediation board SALARIES AND EXPENSES For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $15,113,000. Occupational safety and health review commission SALARIES AND EXPENSES For expenses necessary for the Occupational Safety and Health Review Commission, $15,449,000. Railroad retirement board DUAL BENEFITS PAYMENTS ACCOUNT For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $9,000,000, which shall include amounts becoming available in fiscal year 2023 pursuant to section 224(c)(1)(B) of Public Law 98–76 ; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year. FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2024, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 . LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement Board ( Board ) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $135,400,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation may be used to hire attorneys only through the excepted service: Provided further, That the previous proviso shall not change the status under Federal employment laws of any attorney hired by the Railroad Retirement Board prior to January 1, 2013: Provided further, That notwithstanding section 7(b)(9) of the Railroad Retirement Act, this limitation may be used to hire students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs using current excepted hiring authorities established by the Office of Personnel Management. LIMITATION ON THE OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $13,269,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration PAYMENTS TO SOCIAL SECURITY TRUST FUNDS For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000. SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 , section 212 of Public Law 93–66 , as amended, and section 405 of Public Law 95–216 , including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $48,644,795,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury: Provided further, That not more than $86,000,000 shall be available for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act, and remain available through September 30, 2025. For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2024, $15,800,000,000, to remain available until expended. LIMITATION ON ADMINISTRATIVE EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses, including the hire and purchase of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $14,103,014,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided, That not less than $2,700,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal year 2023 not needed for fiscal year 2023 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the preceding proviso: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131 , and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. From funds provided under the first paragraph, not more than $1,784,000,000, to remain available through March 31, 2024, is for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act, including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual's ability to engage in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided, That, of such amount, $273,000,000 is provided to meet the terms of a concurrent resolution on the budget, and $1,511,000,000 is additional new budget authority specified for purposes of a concurrent resolution on the budget: Provided further, That, of the additional new budget authority described in the preceding proviso, up to $15,100,000 may be transferred to the Office of Inspector General , Social Security Administration, for the cost of jointly operated co-operative disability investigation units: Provided further, That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104–121 for fiscal years 1996 through 2002: Provided further, That none of the funds described in this paragraph shall be available for transfer or reprogramming except as specified in this paragraph. In addition, $140,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 , which shall remain available until expended: Provided, That to the extent that the amounts collected pursuant to such sections in fiscal year 2023 exceed $140,000,000, the amounts shall be available in fiscal year 2024 only to the extent provided in advance in appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. OFFICE OF INSPECTOR GENERAL (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $32,000,000, together with not to exceed $82,665,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund: Provided, That $2,000,000 shall remain available until expended for information technology modernization, including related hardware and software infrastructure and equipment, and for administrative expenses directly associated with information technology modernization. In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses , Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer. V GENERAL PROVISIONS (TRANSFER OF FUNDS) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or Tribal government in policymaking and administrative processes within the executive branch of that government. (c) The prohibitions in subsections (a) and (b) shall include any activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future requirement or restriction on any legal consumer product, including its sale or marketing, including but not limited to the advocacy or promotion of gun control. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses ; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for National Mediation Board, Salaries and Expenses . 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act ( 42 U.S.C. 289g(b) ). (b) For purposes of this section, the term human embryo or embryos includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. 507. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 508. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 509. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 510. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 511. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 512. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 513. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2023 that are different than those specified in this Act, the explanatory statement accompanying this Act or the fiscal year 2023 budget request. 514. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000, individually or in total for a particular project, activity, or programmatic initiative, in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2023, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. 515. None of the funds appropriated in this Act shall be expended or obligated by the Commissioner of Social Security, for purposes of administering Social Security benefit payments under title II of the Social Security Act, to process any claim for credit for a quarter of coverage based on work performed under a social security account number that is not the claimant's number and the performance of such work under such number has formed the basis for a conviction of the claimant of a violation of section 208(a)(6) or (7) of the Social Security Act. 516. None of the funds appropriated by this Act may be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the Social Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between the social security system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 517. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 518. For purposes of carrying out Executive Order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (1) the operating divisions of HHS shall be considered independent agencies; and (2) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 519. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at United States taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 520. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the provisions of section 526 of division H of Public Law 113–76 , except that in carrying out such Pilots section 526 shall be applied by substituting Fiscal Year 2023 for Fiscal Year 2014 in the title of subsection (b) and by substituting September 30, 2027 for September 30, 2018 each place it appears: Provided, That such pilots shall include communities that have experienced civil unrest. (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of division H of Public Law 113–76 , section 524 of division G of Public Law 113–235 , section 525 of division H of Public Law 114–113 , section 525 of division H of Public Law 115–31 , section 525 of division H of Public Law 115–141 , section 524 of division A of Public Law 116–94 ,section 524 of division H of Public Law 116–260 , and section 523 of division H of Public Law 117–103 . (c) Pilot sites selected under authorities in this Act and prior appropriations Acts may be granted by relevant agencies up to an additional 5 years to operate under such authorities. 521. Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2023 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived. 522. The Departments of Labor, Health and Human Services, and Education shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of any new or competitive grant award notifications, including supplements, issued at the discretion of such Departments not less than 3 full business days before any entity selected to receive a grant award is announced by the Department or its offices (other than emergency response grants at any time of the year or for grant awards made during the last 10 business days of the fiscal year, or if applicable, of the program year). 523. Each department and related agency funded through this Act shall provide answers to questions submitted for the record by members of the Committee within 45 business days after receipt. 524. Of amounts deposited in the Child Enrollment Contingency Fund under section 2104(n)(2) of the Social Security Act and the income derived from investment of those funds pursuant to section 2104(n)(2)(C) of that Act, $14,561,000,000 shall not be available for obligation in this fiscal year. 525. (a) This section applies to: (1) the Administration for Children and Families in the Department of Health and Human Services; and (2) the Chief Evaluation Office and the statistical-related cooperative and interagency agreements and contracting activities of the Bureau of Labor Statistics in the Department of Labor. (b) Amounts made available under this Act which are either appropriated, allocated, advanced on a reimbursable basis, or transferred to the functions and organizations identified in subsection (a) for research, evaluation, or statistical purposes shall be available for obligation through September 30, 2027: Provided , That when an office referenced in subsection (a) receives research and evaluation funding from multiple appropriations, such offices may use a single Treasury account for such activities, with funding advanced on a reimbursable basis. (c) Amounts referenced in subsection (b) that are unexpended at the time of completion of a contract, grant, or cooperative agreement may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which such amounts are available. VI EMERGENCY CORONAVIRUS RESPONSE SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the secretary PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for Public Health and Social Services Emergency Fund , $16,000,000,000, to remain available until September 30, 2026, to prevent, prepare for, and respond to coronavirus or any disease with potential for creating a pandemic, including for necessary expenses with respect to the research and development, manufacturing, production, purchase, and distribution of vaccines, therapeutics, diagnostics, and medical products, services, and supplies: Provided, That of the amount provided under this heading in this title, up to $9,000,000,000 shall be available to the Biomedical Advanced Research and Development Authority for necessary expenses of advanced research and development, manufacturing, production, and purchase, at the discretion of the Secretary of Health and Human Services, of vaccines, therapeutics, diagnostics, and supplies necessary for the administration of such vaccines, therapeutics, and diagnostics: Provided further, That from the amount made available under this heading in this title, not less than $750,000,000 shall be available for research and clinical trials related to research on, clinical trials for, and development and procurement of, vaccines for emerging coronavirus variants, and to support the sustainment and expansion of vaccine manufacturing capacity, including fill-finish capacity: Provided further, That products, supplies, and equipment purchased with amounts provided under this heading in this title may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2(a) of the Public Health Service Act: Provided further, That amounts provided under this heading in this title may be used for the construction, alteration, or renovation of non-federally owned U.S.-based facilities for the production of vaccines, therapeutics, diagnostics, and ancillary medical supplies where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies: Provided further, That amounts provided under this heading in this title may be transferred to, and merged with, the fund authorized by section 319F–4, the Covered Countermeasure Process Fund, of the Public Health Service Act: Provided further, That the transfer authority provided under this heading in this title is in addition to any other transfer authority provided by law: Provided further, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 2 days in advance of any obligation in excess of $50,000,000, including but not limited to contracts and interagency agreements, from amounts provided under this heading in this title: Provided further, That the Secretary shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act, and every 30 days thereafter until all amounts provided under this heading in this title have been expended, detailing obligations of such amounts in excess of $20,000,000, with annotation of which Department or agency, and component thereof is managing the contract; the current inventory of COVID–19 vaccines, therapeutics, and diagnostics; and the distribution of COVID–19 vaccines, therapeutics, and diagnostics during the previous month, reported by State and other jurisdiction. GENERAL PROVISIONS—THIS TITLE (INCLUDING TRANSFER OF FUNDS) 601. Each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year 2022. 602. No part of any appropriation contained in this title shall remain available for obligation beyond fiscal year 2022 unless expressly so provided herein. 603. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for funds appropriated in fiscal year 2022. 604. Funds appropriated by this title under the heading Public Health and Social Services Emergency Fund may be transferred to, and merged with, other appropriation accounts under the heading National Institutes of Health to prevent, prepare for, and respond to coronavirus: Provided, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified 10 days in advance of any such transfer: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority provided by law: Provided further, That, upon determination that all or part of the funds transferred from an appropriation by this title are not necessary, such amounts may be transferred back to that appropriation: Provided further, That none of the funds made available by this title may be transferred pursuant to the authority in section 205 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2022 or section 241(a) of the Public Health Service Act. 605. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a detailed spend plan of anticipated uses of funds made available in this title, including estimated personnel and administrative costs, to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such plans shall be updated and submitted to the Committees every 60 days until all funds are expended: Provided further, That the spend plans shall be accompanied by a listing of each contract obligation incurred that exceeds $5,000,000 which has not previously been reported, including the amount of such obligation: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be briefed on obligations quarterly until all funds are expended. 606. Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide biweekly obligation reports, including anticipated use of funds made available in this title, to the Committees on Appropriations of the House of Representatives and the Senate: Provided, That such reports shall be updated and submitted biweekly to the Committees until all funds are expended. 607. Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide monthly reports on obligations made with these supplemental funds related to: (1) research; (2) advanced development; (3) procurement; or (4) administration activities to the Committees on Appropriations of the House of Representatives and the Senate and the Committee on Energy and Commerce of the House of Representatives and Committee on Health, Education, Labor, and Pensions of the Senate: Provided, That such report shall include for procurement contracts: (1) recipient; (2) total number of units purchased; (3) delivery dates; (4) any options on such contracts; and (5) location of manufactured product: Provided further, That such report shall include projections of the supply of and domestic need for vaccines, therapeutics, tests, and ancillary medical supplies over the next 90 days to prepare for and respond to coronavirus, to the extent such information is available: Provided further, That such reports shall be updated and submitted monthly to the Committees until all funds are expended. 608. This title shall become effective immediately upon enactment of this Act. 609. If this Act is enacted after September 30, 2022, this title shall be applied as if it were in effect on September 30, 2022. 610. Each amount made available by this title is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 611. In this title, the term coronavirus means SARS–CoV–2 or another coronavirus with pandemic potential. This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4659is/xml/BILLS-117s4659is.xml |
117-s-4660 | II 117th CONGRESS 2d Session S. 4660 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy and water development and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts. INVESTIGATIONS For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studies, and plans and specifications of proposed river and harbor, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed studies, and plans and specifications of projects prior to construction, $165,668,000, to remain available until expended: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. CONSTRUCTION For expenses necessary for the construction of river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to construction); $2,159,642,000, to remain available until expended; of which $73,892,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program; and of which such sums as are necessary to cover 35 percent of the costs of construction, replacement, rehabilitation, and expansion of inland waterways projects shall be derived from the Inland Waterways Trust Fund, except as otherwise specifically provided for in law: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction projects and related efforts in the Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, $373,075,000, to remain available until expended, of which $10,315,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operation and maintenance costs for inland harbors: Provided, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. OPERATION AND MAINTENANCE For expenses necessary for the operation, maintenance, and care of existing river and harbor, flood and storm damage reduction, aquatic ecosystem restoration, and related projects authorized by law; providing security for infrastructure owned or operated by the Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern and northwestern lakes and connecting waters; clearing and straightening channels; and removing obstructions to navigation, $5,131,605,000, to remain available until expended, of which $2,233,793,000, to be derived from the Harbor Maintenance Trust Fund, shall be to cover the Federal share of eligible operations and maintenance costs for coastal harbors and channels, and for inland harbors; of which such sums as become available from the special account for the Corps of Engineers established by the Land and Water Conservation Fund Act of 1965 shall be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection in the areas at which outdoor recreation is available; of which such sums as become available from fees collected under section 217 of Public Law 104–303 shall be used to cover the cost of operation and maintenance of the dredged material disposal facilities for which such fees have been collected; and of which $56,000,000, to be derived from the general fund of the Treasury, shall be to carry out subsection (c) of section 2106 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 2238c ) and shall be designated as being for such purpose pursuant to paragraph (2)(B) of section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ): Provided, That 1 percent of the total amount of funds provided for each of the programs, projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the fourth quarter of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. REGULATORY PROGRAM For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $213,000,000, to remain available until September 30, 2024. FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM For expenses necessary to clean up contamination from sites in the United States resulting from work performed as part of the Nation's early atomic energy program, $450,000,000, to remain available until expended. FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters as authorized by law, $35,000,000, to remain available until expended. EXPENSES For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps of Engineers and the offices of the Division Engineers; and for costs of management and operation of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers Finance Center allocable to the civil works program, $215,000,000, to remain available until September 30, 2024, of which not to exceed $5,000 may be used for official reception and representation purposes and only during the current fiscal year: Provided, That no part of any other appropriation provided in this title shall be available to fund the civil works activities of the Office of the Chief of Engineers or the civil works executive direction and management activities of the division offices: Provided further, That any Flood Control and Coastal Emergencies appropriation may be used to fund the supervision and general administration of emergency operations, repairs, and other activities in response to any flood, hurricane, or other natural disaster. OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS For the Office of the Assistant Secretary of the Army for Civil Works as authorized by 10 U.S.C. 3016(b)(3) , $5,000,000, to remain available until September 30, 2024: Provided, That not more than 75 percent of such amount may be obligated or expended until the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress the report required under section 101(d) of this Act and a work plan that allocates at least 95 percent of the additional funding provided under each heading in the explanatory statement accompanying this Act, to specific programs, projects, or activities. WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT For administrative expenses to carry out the direct and guaranteed loan programs authorized by the Water Infrastructure Finance and Innovation Act of 2014, $10,000,000, to remain available until September 30, 2024. GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL (INCLUDING TRANSFER OF FUNDS) 101. (a) None of the funds provided in title I of this Act, or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation or expenditure in fiscal year 2023, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) proposes to use funds directed for a specific activity for a different purpose, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) augments or reduces existing programs, projects, or activities in excess of the amounts contained in paragraphs (6) through (10), unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (6) Investigations For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of $150,000 per project, study or activity is allowed: Provided, That for a base level less than $100,000, the reprogramming limit is $25,000: Provided further, That up to $25,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (7) Construction For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of $3,000,000 per project, study or activity is allowed: Provided, That for a base level less than $2,000,000, the reprogramming limit is $300,000: Provided further, That up to $3,000,000 may be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, That up to $300,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; (8) Operation and maintenance Unlimited reprogramming authority is granted for the Corps to be able to respond to emergencies: Provided, That the Chief of Engineers shall notify the Committees on Appropriations of both Houses of Congress of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit of $5,000,000 per project, study, or activity is allowed: Provided further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program Reprogramming of up to 15 percent of the base of the receiving project is permitted. (b) De minimus reprogrammings In no case should a reprogramming for less than $50,000 be submitted to the Committees on Appropriations of both Houses of Congress. (c) Continuing authorities program Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the Committees on Appropriations of both Houses of Congress to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the explanatory statement accompanying this Act. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading Operation and Maintenance to mitigate for fisheries lost due to Corps of Engineers projects. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2211 ). 106. Additional funding provided in this Act shall be allocated only to projects determined to be eligible by the Chief of Engineers. II DEPARTMENT OF THE INTERIOR Central Utah Project CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out activities authorized by the Central Utah Project Completion Act, $21,000,000, to remain available until expended, of which $5,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,550,000 shall be available until September 30, 2024, for expenses necessary in carrying out related responsibilities of the Secretary of the Interior: Provided further, That for fiscal year 2023, of the amount made available to the Commission under this Act or any other Act, the Commission may use an amount not to exceed $1,850,000 for administrative expenses. Bureau of reclamation The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: WATER AND RELATED RESOURCES (INCLUDING TRANSFERS OF FUNDS) For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, federally recognized Indian Tribes, and others, $1,784,900,000, to remain available until expended, of which $71,217,000 shall be available for transfer to the Upper Colorado River Basin Fund and $19,606,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That $100,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended ( 43 U.S.C. 510b(d)(1) ): Provided further, That such transfers, except for the transfer authorized by the preceding proviso, may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund, the Water Storage Enhancement Receipts account established by section 4011(e) of Public Law 114–322 , or the Bureau of Reclamation special fee account established by 16 U.S.C. 6806 shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which the funds were contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts made available under this heading, $10,000,000 shall be deposited in the San Gabriel Basin Restoration Fund established by section 110 of title I of division B of appendix D of Public Law 106–554 : Provided further, That of the amounts provided herein, funds may be used for high-priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided further, That within available funds, $250,000 shall be for grants and financial assistance for educational activities. CENTRAL VALLEY PROJECT RESTORATION FUND For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, such sums as may be collected in fiscal year 2023 in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575 , to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575 : Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order. CALIFORNIA BAY-DELTA RESTORATION (INCLUDING TRANSFERS OF FUNDS) For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with plans to be approved by the Secretary of the Interior, $33,000,000, to remain available until expended, of which such amounts as may be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry out authorized purposes: Provided, That funds appropriated herein may be used for the Federal share of the costs of CALFED Program management: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving the goals and objectives of the Program. POLICY AND ADMINISTRATION For expenses necessary for policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the six regions of the Bureau of Reclamation, to remain available until September 30, 2024, $65,079,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses. ADMINISTRATIVE PROVISION Appropriations for the Bureau of Reclamation shall be available for purchase and replacement of motor vehicles and to provide supporting charging or fueling infrastructure. GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2023, shall be available for obligation or expenditure through a reprogramming of funds that— (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of both Houses of Congress: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of both Houses of Congress; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of both Houses of Congress. (b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. (d) Except as provided in subsections (a) and (b), the amounts made available in this title under the heading Bureau of Reclamation—Water and Related Resources shall be expended for the programs, projects, and activities specified in the Committee Recommendation columns in the Water and Related Resources table included under the heading Title II—Department of the Interior in the explanatory statement accompanying this Act. (e) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of both Houses of Congress detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the Cleanup Program—Alternative Repayment Plan and the SJVDP—Alternative Repayment Plan described in the report entitled Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995 , prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. 203. Section 9504(e) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(e) ) is amended by striking $750,000,000 and inserting $820,000,000 . 204. (a) Title I of Public Law 108–361 (the CALFED Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117–103 , shall be applied by substituting 2023 for 2022 each place it appears. (b) Section 103(f)(4)(A) of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) is amended by striking $25,000,000 and inserting $30,000,000 . 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting 2023 for 2022 . 206. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) shall be applied by substituting 2023 for 2022 . (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) shall be applied by substituting 2023 for 2022 and by substituting $130,000,000 for $120,000,000 . 207. Section 529(b)(3) of the Water Resources Development Act of 2000 ( Public Law 106–541 ) as amended, is amended by striking $30,000,000 and inserting $40,000,000 . III DEPARTMENT OF ENERGY ENERGY PROGRAMS Defense production act domestic clean energy accelerator For activities by the Department of Energy pursuant to titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq), notwithstanding the requirements of paragraphs (1) through (6) of section 303(a) of such Act ( 50 U.S.C. 4533(a) ), $500,000,000, to remain available until expended, which shall be obligated and expended by the Secretary of Energy as if delegated the necessary authorities conferred by the Defense Production Act of 1950, and which shall be for expanding the domestic production capability for solar, transformers, electric grid components, fuel cells, electrolyzers, heat pumps, and insulation, of which up to $25,000,000, to remain available until September 30, 2024, shall be available for program direction. Energy efficiency and renewable energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy efficiency and renewable energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $3,799,000,000, to remain available until expended: Provided, That of such amount, $245,000,000 shall be available until September 30, 2024, for program direction. Cybersecurity, energy security, and emergency response For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy sector cybersecurity, energy security, and emergency response activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $202,143,000, to remain available until expended: Provided, That of such amount, $25,143,000 shall be available until September 30, 2024, for program direction. Electricity For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for electricity activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $362,000,000, to remain available until expended: Provided, That of such amount, $21,000,000 shall be available until September 30, 2024, for program direction. Nuclear energy For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,765,600,000, to remain available until expended: Provided, That of such amount, $82,574,000 shall be available until September 30, 2024, for program direction: Provided further, That for the purpose of section 954(a)(6) of the Energy Policy Act of 2005, as amended, the only amount available shall be from the amount specified as including that purpose in the Recommended column in the Department of Energy table included under the heading Title III—Department of Energy in the explanatory statement accompanying this Act. Fossil energy and carbon management For Department of Energy expenses necessary in carrying out fossil energy and carbon management research and development activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility or for plant or facility acquisition or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs ( 30 U.S.C. 3 , 1602, and 1603), $880,000,000, to remain available until expended: Provided, That of such amount $70,000,000 shall be available until September 30, 2024, for program direction. Energy projects For Department of Energy expenses necessary in carrying out community project funding activities, under the authority of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $109,767,000, to remain available until expended, for projects specified in the table that appears under the heading Congressionally Directed Spending of Energy Projects in the explanatory statement accompanying this Act. Naval petroleum and oil shale reserves For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $13,004,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. Strategic petroleum reserve For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $192,460,000, to remain available until expended: Provided, That notwithstanding sections 161 and 167 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 , 6247), the Secretary of Energy shall draw down and sell one million barrels of refined petroleum product from the Strategic Petroleum Reserve during fiscal year 2023: Provided further, That all proceeds from such sale shall be deposited into the general fund of the Treasury during fiscal year 2023: Provided further, That upon the completion of such sale, the Secretary shall carry out the closure of the Northeast Gasoline Supply Reserve. SPR Petroleum Account For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended ( 42 U.S.C. 6201 et seq. ), sections 403 and 404 of the Bipartisan Budget Act of 2015 ( 42 U.S.C. 6241 , 6239 note), section 32204 of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 6241 note), and section 30204 of the Bipartisan Budget Act of 2018 ( 42 U.S.C. 6241 note), $8,000,000, to remain available until expended. Northeast home heating oil reserve For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ), $7,000,000, to remain available until expended. Energy information administration For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $144,000,000, to remain available until expended. Non-Defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of one zero emission passenger motor vehicle, $373,583,000, to remain available until expended: Provided, That, in addition, fees collected pursuant to subsection (b)(1) of section 6939f of title 42, United States Code, and deposited under this heading in fiscal year 2022 pursuant to section 309 of title III of division C of Public Law 116–94 are appropriated, to remain available until expended, for mercury storage costs. Uranium enrichment decontamination and decommissioning fund For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $869,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $25,248,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. Science For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 35 passenger motor vehicles, including one ambulance, for replacement only, $8,100,000,000, to remain available until expended: Provided, That of such amount, $211,211,000 shall be available until September 30, 2024, for program direction. Nuclear waste disposal For Department of Energy expenses necessary for nuclear waste disposal activities to carry out the purposes of the Nuclear Waste Policy Act of 1982, Public Law 97–425 , as amended, $10,205,000, to remain available until expended, to be derived from the Nuclear Waste Fund. Technology transitions For Department of Energy expenses necessary for carrying out the activities of technology transitions, $21,558,000, to remain available until expended: Provided, That of such amount,$10,900,000 shall be available until September 30, 2024, for program direction. Clean energy demonstrations For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for clean energy demonstrations in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $150,000,000, to remain available until expended: Provided, That of such amount, $25,000,000 shall be available until September 30, 2024, for program direction. Advanced Research Projects Agency—Energy For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act ( Public Law 110–69 ), $570,364,000, to remain available until expended: Provided, That of such amount, $44,000,000 shall be available until September 30, 2024, for program direction. Title 17 Innovative Technology Loan Guarantee Program (INCLUDING RESCISSION OF FUNDS) Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses of the Title 17 Innovative Technology Loan Guarantee Program, as authorized, $66,206,000 is appropriated, to remain available until September 30, 2024: Provided further, That up to $66,206,000 of fees collected in fiscal year 2023 pursuant to section 1702(h) of the Energy Policy Act of 2005 shall be credited as offsetting collections under this heading and used for necessary administrative expenses in this appropriation and shall remain available until September 30, 2024: Provided further, That to the extent that fees collected in fiscal year 2023 exceed $66,206,000, those excess amounts shall be credited as offsetting collections under this heading and available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023 (estimated at $35,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from fees collected in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations. Of the unobligated balances from amounts made available in the first proviso of section 1425 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 ) for the cost of loan guarantees under section 1703 of the Energy Policy Act of 2005, $150,000,000 are hereby permanently rescinded: Provided, That, subject to section 502 of the Congressional Budget Act of 1974, commitments to guarantee loans for eligible projects under title XVII of the Energy Policy Act of 2005, shall not exceed a total principal amount of $15,000,000,000, to remain available until committed: Provided further, That the amounts provided under this paragraph are in addition to those provided in any other Act: Provided further, That for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the source of such payment received from borrowers may not be a loan or other debt obligation that is guaranteed by the Federal Government: Provided further, That none of such loan guarantee authority made available under this paragraph shall be available for commitments to guarantee loans for any projects where funds, personnel, or property (tangible or intangible) of any Federal agency, instrumentality, personnel, or affiliated entity are expected be used (directly or indirectly) through acquisitions, contracts, demonstrations, exchanges, grants, incentives, leases, procurements, sales, other transaction authority, or other arrangements, to support the project or to obtain goods or services from the project: Provided further, That the preceding proviso shall not be interpreted as precluding the use of the loan guarantee authority provided under this paragraph for commitments to guarantee loans for: (1) projects as a result of such projects benefitting from otherwise allowable Federal income tax benefits; (2) projects as a result of such projects benefitting from being located on Federal land pursuant to a lease or right-of-way agreement for which all consideration for all uses is: (A) paid exclusively in cash; (B) deposited in the Treasury as offsetting receipts; and (C) equal to the fair market value as determined by the head of the relevant Federal agency; (3) projects as a result of such projects benefitting from Federal insurance programs, including under section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ; commonly known as the Price-Anderson Act ); or (4) electric generation projects using transmission facilities owned or operated by a Federal Power Marketing Administration or the Tennessee Valley Authority that have been authorized, approved, and financed independent of the project receiving the guarantee: Provided further, That none of the loan guarantee authority made available under this paragraph shall be available for any project unless the Director of the Office of Management and Budget has certified in advance in writing that the loan guarantee and the project comply with the provisions under this paragraph. Advanced technology vehicles manufacturing loan program For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $9,800,000, to remain available until September 30, 2024. Tribal energy loan guarantee program For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to remain available until September 30, 2024: Provided, That in this fiscal year and subsequent fiscal years, under section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ), the Secretary of Energy may also provide direct loans, as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ): Provided further, That such direct loans shall be made through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest: Provided further, That any funds previously appropriated for the cost of loan guarantees under section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ) may also be used, in this fiscal year and subsequent fiscal years, for the cost of direct loans provided under such section of such Act: Provided further, That for the cost of direct loans for the Tribal Energy Loan Guarantee Program as provided for in the preceding three provisos and for the cost of guaranteed loans for such program under section 2602(c) of the Energy Policy Act of 1992 ( 25 U.S.C. 3502(c) ), $8,000,000, to remain available until expended: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ). Indian energy policy and programs For necessary expenses for Indian Energy activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $110,000,000, to remain available until expended: Provided, That of the amount appropriated under this heading, $18,000,000 shall be available until September 30, 2024, for program direction. Departmental administration For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), $357,906,000, to remain available until September 30, 2024, including the hire of zero emission passenger motor vehicles and supporting charging or fueling infrastructure, and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act ( 31 U.S.C. 1511 et seq. ): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $100,578,000 in fiscal year 2023 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95–238 , notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $257,328,000. Office of the inspector general For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $92,000,000, to remain available until September 30, 2024. ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Weapons Activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed one ambulance, for replacement only, $16,986,298,000, to remain available until expended: Provided, That of such amount, $130,070,000 shall be available until September 30, 2024, for program direction. Defense nuclear nonproliferation For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $2,538,000,000, to remain available until expended. Naval reactors (INCLUDING TRANSFER OF FUNDS) For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, $2,081,445,000, to remain available until expended, of which, $90,890,000 shall be transferred to Department of Energy—Energy Programs—Nuclear Energy , for the Advanced Test Reactor: Provided, That of such amount, $58,525,000 shall be available until September 30, 2024, for program direction. Federal salaries and expenses For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $496,400,000, to remain available until September 30, 2024, including official reception and representation expenses not to exceed $17,000. ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES Defense environmental cleanup For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $7,064,084,000, to remain available until expended: Provided, That of such amount, $317,002,000 shall be available until September 30, 2024, for program direction. Defense uranium enrichment decontamination and decommissioning (INCLUDING TRANSFER OF FUNDS) For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions for uranium enrichment decontamination and decommissioning activities, $579,000,000, to be deposited into the Defense Environmental Cleanup account, which shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund . Other defense activities For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,040,237,000, to remain available until expended: Provided, That of such amount, $331,781,000 shall be available until September 30, 2024, for program direction. POWER MARKETING ADMINISTRATIONS Bonneville power administration fund Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93–454 , are approved for the Umatilla Hatchery Facility project and, in addition, for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2023, no new direct loan obligations may be made. Operation and maintenance, southeastern power administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the southeastern power area, $8,173,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to $8,173,000 collected by the Southeastern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302 , up to $78,696,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Operation and maintenance, southwestern power administration For expenses necessary for operation and maintenance of power transmission facilities and for marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), as applied to the Southwestern Power Administration, $53,488,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), up to $42,880,000 collected by the Southwestern Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $10,608,000: Provided further, That notwithstanding 31 U.S.C. 3302 , up to $70,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Construction, rehabilitation, operation and maintenance, western area power administration For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 ( 42 U.S.C. 7152 ), and other related activities including conservation and renewable resources programs as authorized, $299,573,000, including official reception and representation expenses in an amount not to exceed $1,500, to remain available until expended, of which $299,573,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302 , section 5 of the Flood Control Act of 1944 ( 16 U.S.C. 825s ), and section 1 of the Interior Department Appropriation Act, 1939 ( 43 U.S.C. 392a ), up to $200,841,000 collected by the Western Area Power Administration from the sale of power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $98,732,000, of which $98,732,000 is derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302 , up to $350,083,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase power and wheeling expenses). Falcon and amistad operating and maintenance fund For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $6,330,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 2 of the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302 , up to $6,102,000 collected by the Western Area Power Administration from the sale of power and related services from the Falcon and Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of funding the annual expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration activities: Provided further, That the sum herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2023 appropriation estimated at not more than $228,000: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred: Provided further, That for fiscal year 2023, the Administrator of the Western Area Power Administration may accept up to $1,598,000 in funds contributed by United States power customers of the Falcon and Amistad Dams for deposit into the Falcon and Amistad Operating and Maintenance Fund, and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds shall be available without further appropriation and without fiscal year limitation for use by the Commissioner of the United States Section of the International Boundary and Water Commission for the sole purpose of operating, maintaining, repairing, rehabilitating, replacing, or upgrading the hydroelectric facilities at these Dams in accordance with agreements reached between the Administrator, Commissioner, and the power customers. Federal energy regulatory commission SALARIES AND EXPENSES For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ), including services as authorized by 5 U.S.C. 3109 , official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $508,400,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $508,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2023 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS—DEPARTMENT OF ENERGY 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b) (1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to— (A) make or modify a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make or modify a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make or modify an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B). (2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided or modified during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made or modified. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading Department of Energy—Energy Programs , enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless— (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance. (d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the Committee Recommendations column in the Department of Energy table included under the heading Title III—Department of Energy in the explanatory statement accompanying this Act. (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify, and obtain the prior approval of, the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act. (g) (1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 305. No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration to the general fund of the Treasury in the current fiscal year. 306. (a) Hereafter, for energy development, demonstration, and deployment programs funded under Department of Energy appropriations (other than those for the National Nuclear Security Administration and Office of Environmental Management) provided for fiscal year 2022, the current fiscal year, or any fiscal year thereafter (including by Acts other than appropriations Acts), the Secretary may vest unconditional title or other property interests acquired under projects in an award recipient, subrecipient, or successor in interest, including the United States, at the conclusion of the award period for projects receiving an initial award in fiscal year 2022 or later. (b) Upon vesting unconditional title pursuant to subsection (a) in an award recipient, subrecipient, or successor in interest other than the United States, the United States shall have no liabilities or obligations to the property. (c) For purposes of this section, the term property interest does not include any interest in intellectual property developed using funding provided under a project. 307. All unavailable collections currently in the United States Enrichment Corporation Fund shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to the extent provided in advance in appropriations Acts. 308. None of the funds made available in this title may be used to support a grant allocation award, discretionary grant award, or cooperative agreement that exceeds $100,000,000 in Federal funding unless the project is carried out through internal independent project management procedures. 309. Subparagraphs (B) and (C) of section 40401(a)(2) of Public Law 117–58 , paragraph (3) of section 16512(r) of title 42, United States Code, and section (l) of section 17013 of title 42, United States Code, shall not apply for fiscal year 2023. 310. (a) Definitions In this section: (1) Affected indian tribe The term affected Indian tribe has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (2) High-level radioactive waste The term high-level radioactive waste has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (3) Nuclear waste fund The term Nuclear Waste Fund means the Nuclear Waste Fund established under section 302(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10222(c) ). (4) Secretary The term Secretary means the Secretary of Energy. (5) Spent nuclear fuel The term spent nuclear fuel has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 ). (b) Pilot program Notwithstanding any provision of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq. ), the Secretary is authorized, in the current fiscal year and subsequent fiscal years, to conduct a pilot program to license, construct, and operate one or more Federal consolidated storage facilities to provide interim storage as needed for spent nuclear fuel and high-level radioactive waste, with priority for storage given to spent nuclear fuel located on sites without an operating nuclear reactor. (c) Requests for proposals Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for proposals for cooperative agreements— (1) to obtain any license necessary from the Nuclear Regulatory Commission for the construction of one or more consolidated storage facilities; (2) to demonstrate the safe transportation of spent nuclear fuel and high-level radioactive waste, as applicable; and (3) to demonstrate the safe storage of spent nuclear fuel and high-level radioactive waste, as applicable, at the one or more consolidated storage facilities pending the construction and operation of deep geologic disposal capacity for the permanent disposal of the spent nuclear fuel. (d) Consent-Based approval Prior to siting a consolidated storage facility pursuant to this section, the Secretary shall enter into an agreement to host the facility with— (1) the Governor of the State; (2) each unit of local government within the jurisdiction of which the facility is proposed to be located; and (3) each affected Indian tribe. (e) Applicability In executing this section, the Secretary shall comply with— (1) all licensing requirements and regulations of the Nuclear Regulatory Commission; and (2) all other applicable laws (including regulations). (f) Pilot program plan Not later than 120 days after the date on which the Secretary issues the request for proposals under subsection (c), the Secretary shall submit to Congress a plan to carry out this section that includes— (1) an estimate of the cost of licensing, constructing, and operating a consolidated storage facility, including the transportation costs, on an annual basis, over the expected lifetime of the facility; (2) a schedule for— (A) obtaining any license necessary to construct and operate a consolidated storage facility from the Nuclear Regulatory Commission; (B) constructing the facility; (C) transporting spent fuel to the facility; and (D) removing the spent fuel and decommissioning the facility; (3) an estimate of the cost of any financial assistance, compensation, or incentives proposed to be paid to the host State, Indian tribe, or local government; (4) an estimate of any future reductions in the damages expected to be paid by the United States for the delay of the Department of Energy in accepting spent fuel expected to result from the pilot program; (5) recommendations for any additional legislation needed to authorize and implement the pilot program; and (6) recommendations for a mechanism to ensure that any spent nuclear fuel or high-level radioactive waste stored at a consolidated storage facility pursuant to this section shall move to deep geologic disposal capacity, following a consent-based approval process for that deep geologic disposal capacity consistent with subsection (d), within a reasonable time after the issuance of a license to construct and operate the consolidated storage facility. (g) Public participation Prior to choosing a site for the construction of a consolidated storage facility under this section, the Secretary shall conduct one or more public hearings in the vicinity of each potential site and in at least one other location within the State in which the site is located to solicit public comments and recommendations. (h) Use of nuclear waste fund The Secretary may make expenditures from the Nuclear Waste Fund to carry out this section, subject to appropriations. IV INDEPENDENT AGENCIES Appalachian regional commission For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, notwithstanding 40 U.S.C. 14704 , and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109 , and hire of passenger motor vehicles, $200,000,000, to remain available until expended. Defense nuclear facilities safety board SALARIES AND EXPENSES For expenses necessary for the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100–456 , section 1441, $41,936,000, to remain available until September 30, 2024. Delta regional authority SALARIES AND EXPENSES For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $30,100,000, to remain available until expended. Denali commission For expenses necessary for the Denali Commission including the purchase, construction, and acquisition of plant and capital equipment as necessary and other expenses, $17,000,000, to remain available until expended, notwithstanding the limitations contained in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects for which the Denali Commission is the sole or primary funding source in an amount not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277 ), as amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50 percent for non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a non-Federal share in connection with a grant-in-aid program, amounts under this heading shall be available for the payment of such a non-Federal share for any project for which the Denali Commission is not the sole or primary funding source, provided that such project is consistent with the purposes of the Commission. Northern border regional commission For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $40,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code. Southeast crescent regional commission For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $7,000,000, to remain available until expended. Southwest border regional commission For expenses necessary for the Southwest Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $5,000,000, to remain available until expended. Nuclear regulatory commission SALARIES AND EXPENSES For expenses necessary for the Commission in carrying out the purposes of the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954, $911,384,000, including official representation expenses not to exceed $25,000, to remain available until expended: Provided, That of the amount appropriated herein, not more than $9,500,000 may be made available for salaries, travel, and other support costs for the Office of the Commission, to remain available until September 30, 2024: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $777,498,000 in fiscal year 2023 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302 , and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $133,886,000. OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $15,769,000, to remain available until September 30, 2024: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $12,655,000 in fiscal year 2023 shall be retained and be available until September 30, 2024, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at not more than $3,114,000: Provided further, That of the amounts appropriated under this heading, $1,520,000 shall be for Inspector General services for the Defense Nuclear Facilities Safety Board. Nuclear waste technical review board SALARIES AND EXPENSES For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100–203 , section 5051, $3,945,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2024. GENERAL PROVISIONS—INDEPENDENT AGENCIES 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information, consistent with Department of Justice guidance for all Federal agencies. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for Nuclear Regulatory Commission—Salaries and Expenses shall be expended as directed in the explanatory statement accompanying this Act. (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations. V GENERAL PROVISIONS (INCLUDING TRANSFER OF FUNDS) 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. This Act may be cited as the Energy and Water Development and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4660is/xml/BILLS-117s4660is.xml |
117-s-4661 | II 117th CONGRESS 2d Session S. 4661 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I AGRICULTURAL PROGRAMS Processing, research, and marketing Office of the secretary (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, $68,423,000 of which not to exceed $7,471,000 shall be available for the immediate Office of the Secretary; not to exceed $1,402,000 shall be available for the Office of Homeland Security; not to exceed $5,190,000 shall be available for the Office of Tribal Relations, of which $1,000,000 shall be to establish a Tribal Public Health Resource Center at a land grant university with existing indigenous public health expertise to expand current partnerships and collaborative efforts with indigenous groups, including but not limited to, tribal organizations and institutions such as tribal colleges, tribal technical colleges, tribal community colleges and tribal universities, to improve the delivery of culturally appropriate public health services and functions in American Indian communities focusing on indigenous food sovereignty; not to exceed $7,280,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5) ; not to exceed $32,862,000 shall be available for the Office of the Assistant Secretary for Administration, of which $31,136,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided, That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $4,609,000 shall be available for the Office of Assistant Secretary for Congressional Relations and Intergovernmental Affairs to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $9,609,000 shall be available for the Office of Communications: Provided further, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further, That not to exceed $22,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558: Provided further, That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations and Intergovernmental Affairs shall be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That during any 30 day notification period referenced in section 716 of this Act, the Secretary of Agriculture shall take no action to begin implementation of the action that is subject to section 716 of this Act or make any public announcement of such action in any form. Executive operations OFFICE OF THE CHIEF ECONOMIST For necessary expenses of the Office of the Chief Economist, $30,181,000, of which $8,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155: Provided, That of the amounts made available under this heading, $500,000 shall be available to carry out section 224 of subtitle A of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6924 ), as amended by section 12504 of Public Law 115–334 . OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and Appeals, $16,703,000. OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of Budget and Program Analysis, $15,667,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $93,284,000, of which not less than $77,428,000 is for cybersecurity requirements of the department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $7,367,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,527,000: Provided, That funds made available by this Act to an agency in the Civil Rights mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Office of civil rights For necessary expenses of the Office of Civil Rights, $36,737,000. Agriculture buildings and facilities (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursuant to Public Law 92–313 , including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121 , for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $341,610,000, to remain available until expended. Hazardous materials management (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ) and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ), $7,581,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Office of safety, security, and protection For necessary expenses of the Office of Safety, Security, and Protection, $21,800,000. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.), $112,061,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.), and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to the Inspector General Act of 1978 ( Public Law 95–452 ; 5 U.S.C. App.) and section 1337 of the Agriculture and Food Act of 1981 ( Public Law 97–98 ). Office of the general counsel For necessary expenses of the Office of the General Counsel, $59,037,000. Office of ethics For necessary expenses of the Office of Ethics, $5,556,000. Office of information affairs For necessary expenses of the Office of Information Affairs, $15,075,000. Office of the under secretary for research, education, and economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $3,384,000: Provided, That funds made available by this Act to an agency in the Research, Education, and Economics mission area for salaries and expenses are available to fund up to one administrative support staff for the Office: Provided further, That of the amounts made available under this heading, $1,000,000 shall be made available for the Office of the Chief Scientist. Economic research service For necessary expenses of the Economic Research Service, $96,064,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $213,576,000, of which up to $66,413,000 shall be available until expended for the Census of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f). Agricultural research service SALARIES AND EXPENSES For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,755,667,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for four buildings to be constructed at a cost not to exceed $5,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 ( 21 U.S.C. 113a ): Provided further, That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $166,387,000 to remain available until expended, of which $68,400,000 shall be for previously funded facilities that have incurred cost overruns, and of which $32,582,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the explanatory statement to accompany this Act. National institute of food and agriculture RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,086,754,000 which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Research and Education Activities in the explanatory statement to accompany this Act: Provided, That funds for research grants for 1994 institutions, education grants for 1890 institutions, Hispanic serving institutions education grants, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, grants management systems, tribal colleges education equity grants, and scholarships at 1890 institutions shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for providing grants for food and agricultural sciences for Alaska Native and Native Hawaiian-Serving institutions and for Insular Areas shall remain available until September 30, 2024: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 3157 may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority. NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND For the Native American Institutions Endowment Fund authorized by Public Law 103–382 ( 7 U.S.C. 301 note), $11,880,000, to remain available until expended. EXTENSION ACTIVITIES For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $561,750,000 which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities in the explanatory statement to accompany this Act: Provided, That funds for extension services at 1994 institutions and for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further, That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act ( 7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees’ compensation costs for extension agents. INTEGRATED ACTIVITIES For the integrated research, education, and extension grants programs, including necessary administrative expenses, $42,500,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities in the explanatory statement to accompany this Act: Provided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2024: Provided further, That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program ( 7 U.S.C. 7626 ). Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $1,599,000: Provided, That funds made available by this Act to an agency in the Marketing and Regulatory Programs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Animal and plant health inspection service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 ), $1,187,433,000 of which up to $9,552,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the explanatory statement to accompany this Act; of which $514,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds ( contingency fund ) to the extent necessary to meet emergency conditions; of which $15,950,000, to remain available until expended, shall be used for the cotton pests program, including for cost share purposes or for debt retirement for active eradication zones; of which $39,183,000, to remain available until expended, shall be for Animal Health Technical Services; of which $3,096,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended ( 15 U.S.C. 1831 ); of which $64,930,000, to remain available until expended, shall be used to support avian health; of which $7,451,000, to remain available until expended, shall be for information technology infrastructure; of which $222,072,000, to remain available until expended, shall be for specialty crop pests, of which $8,500,000, to remain available until September 30, 2024, shall be for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening; of which, $15,141,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $21,567,000, to remain available until expended, shall be for zoonotic disease management; of which $44,317,000, to remain available until expended, shall be for emergency preparedness and response; of which $62,719,000, to remain available until expended, shall be for tree and wood pests; of which $6,500,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That any of the funds described in the Congressionally Directed Spending table in the explanatory statement to accompany this Act that the Secretary determines will not be obligated during the fiscal year shall not be subject to the direction provided in such table: Provided further, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $24,619,000, to remain available until expended, shall be used to carry out the science program and transition activities for the National Bio and Agro-defense Facility located in Manhattan, Kansas: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the purchase, replacement, operation, and maintenance of aircraft: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law ( 7 U.S.C. 2250 ) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2023, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. BUILDINGS AND FACILITIES For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 , and acquisition of land as authorized by 7 U.S.C. 2268a , $3,175,000, to remain available until expended. Agricultural marketing service MARKETING SERVICES For necessary expenses of the Agricultural Marketing Service, $245,458,000, of which $7,500,000 shall be available for the purposes of section 12306 of Public Law 113–79 , and of which $1,000,000 shall be available for the purposes of section 779 of division A of Public Law 117–103 : Provided, That of the amounts made available under this heading, $25,000,000, to remain available until expended, shall be to carry out section 12513 of Public Law 115–334 , of which $23,000,000 shall be for dairy business innovation initiatives established in Public Law 116–6 and the Secretary shall take measures to ensure an equal distribution of funds between these three regional innovation initiatives: Provided further, That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law ( 31 U.S.C. 9701 ), except for the cost of activities relating to the development or maintenance of grain standards under the United States Grain Standards Act, 7 U.S.C. 71 et seq. LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ); (2) transfers otherwise provided in this Act; and (3) not more than $21,501,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961 ( Public Law 87–128 ). PAYMENTS TO STATES AND POSSESSIONS For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) ), $1,235,000. LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $1,099,000: Provided, That funds made available by this Act to an agency in the Food Safety mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $1,173,066,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 ( 7 U.S.C. 138f ): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2023 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act ( 7 U.S.C. 1901 et seq. ): Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in section 12106 of Public Law 113–79 : Provided further, That this appropriation shall be available pursuant to law ( 7 U.S.C. 2250 ) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. II FARM PRODUCTION AND CONSERVATION PROGRAMS Office of the under secretary for farm production and conservation For necessary expenses of the Office of the Under Secretary for Farm Production and Conservation, $1,727,000: Provided, That funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Farm production and conservation business center SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Production and Conservation Business Center, $259,948,000: Provided, That $60,228,000 of amounts appropriated for the current fiscal year pursuant to section 1241(a) of the Farm Security and Rural Investment Act of 1985 ( 16 U.S.C. 3841(a) ) shall be transferred to and merged with this account. Farm service agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Service Agency, $1,221,307,000, of which not less than $15,000,000 shall be for the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers and shall be available until September 30, 2024: Provided, That not more than 50 percent of the funding made available under this heading for information technology related to farm program delivery may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost for the entirety of the project/investment, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2023 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain available until expended: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress. STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 ), $7,000,000. GRASSROOTS SOURCE WATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 ), $10,000,000, to remain available until expended. DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 ( Public Law 106–387 , 114 Stat. 1549A–12). GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792 ), $4,000,000, to remain available until expended. AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed farm ownership ( 7 U.S.C. 1922 et seq. ) and operating ( 7 U.S.C. 1941 et seq. ) loans, emergency loans ( 7 U.S.C. 1961 et seq. ), Indian tribe land acquisition loans ( 25 U.S.C. 5136 ), boll weevil loans ( 7 U.S.C. 1989 ), guaranteed conservation loans ( 7 U.S.C. 1924 et seq. ), relending program ( 7 U.S.C. 1936c ), and Indian highly fractionated land loans ( 25 U.S.C. 5136 ) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $3,500,000,000 for guaranteed farm ownership loans and $3,100,000,000 for farm ownership direct loans; $2,118,491,000 for unsubsidized guaranteed operating loans and $1,633,333,000 for direct operating loans; emergency loans, $4,062,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; relending program, $61,426,000; Indian highly fractionated land loans, $5,000,000; and for boll weevil eradication program loans, $60,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $23,520,000 for direct farm operating loans, $11,228,000 for unsubsidized guaranteed farm operating loans, $249,000 for emergency loans, $10,983,000 for the relending program, and $894,000 for Indian highly fractionated land loans, to remain available until expended. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $326,461,000: Provided, That of this amount, $305,803,000 shall be paid to the appropriation for Farm Service Agency, Salaries and Expenses . Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk management agency SALARIES AND EXPENSES For necessary expenses of the Risk Management Agency, $71,076,000: Provided, That $1,000,000 of the amount appropriated under this heading in this Act shall be available for compliance and integrity activities required under section 516(b)(2)(C) of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1516(b)(2)(C) ), and shall be in addition to amounts otherwise provided for such purpose: Provided further, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i) . Natural resources conservation service CONSERVATION OPERATIONS For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 2268a ); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $926,599,000, to remain available until September 30, 2024: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That of the total amount available under this heading, $8,500,000 shall be for necessary expenses to carry out the Urban Agriculture and Innovative Production Program under section 222 of subtitle A of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6923 ), as amended by section 12302 of Public Law 115–334 . WATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with the provisions of laws relating to the activities of the Department, $195,591,000, to remain available until expended, of which up to $20,591,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the explanatory statement to accompany this Act: Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this heading, $10,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 ( Public Law 78–534 ) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport: Provided further, That of the amounts made available under this heading, $10,000,000 shall remain available until expended for the authorities under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities. WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $10,000,000 is provided. CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 ), such sums as may be necessary, to remain available until expended. Commodity credit corporation fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 ): Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business: Provided further , That the Secretary shall notify the Committees on Appropriations of the House and Senate in writing 15 days prior to the obligation or commitment of any emergency funds from the Commodity Credit Corporation. HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) ), and section 6001 of the Solid Waste Disposal Act ( 42 U.S.C. 6961 ). III RURAL DEVELOPMENT PROGRAMS Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $1,602,000: Provided, That funds made available by this Act to an agency in the Rural Development mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Rural development SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $451,856,000: Provided, That of the amount made available under this heading, up to $10,000,000, to remain available until September 30, 2024, shall be for the Rural Partners Network activities of the Department of Agriculture, and may be transferred to agencies of the Department for such purpose, consistent with the missions and authorities of such agencies: Provided further, That of the amount made available under this heading, no less than $150,000,000, to remain available until expended, shall be used for information technology expenses: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support Rural Development programs: Provided further, That in addition to any other funds appropriated for purposes authorized by section 502(i) of the Housing Act of 1949 ( 42 U.S.C. 1472(i) ), any amounts collected under such section will immediately be credited to this account and will remain available until expended for such purposes. Rural housing service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,500,000,000 shall be for direct loans, $20,842,000 shall be for a Single Family Housing Relending demonstration program for Native American Tribes, and $30,000,000,000 shall be for unsubsidized guaranteed loans; $30,000,000 for section 504 housing repair loans; $100,000,000 for section 515 rental housing; $400,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $55,650,000 shall be for direct loans; Single Family Housing Relending demonstration program for Native American Tribes, $6,857,000; section 504 housing repair loans, $2,490,000; section 523 self-help housing land development loans, $267,000; section 524 site development loans, $208,000; and repair, rehabilitation, and new construction of section 515 rental housing, $19,110,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), and the interest on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 ( 42 U.S.C. 1490q ) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2023: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner’s oversight of asset referred to as Asset Management Fee of up to $7,500 per property. In addition, for the cost of direct loans and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $45,000,000, to remain available until expended, for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties including the restructuring of existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided, That the Secretary shall, as part of the preservation and revitalization agreement, obtain a restrictive use agreement consistent with the terms of the restructuring. In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1486), $21,147,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be paid to the appropriation for Rural Development, Salaries and Expenses . RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,487,926,000, of which $40,000,000 shall be available until September 30, 2024; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That amounts made available under this heading shall be available for renewal of rental assistance agreements for a maximum of 15,000 units where the Secretary determines that a maturing loan for a project cannot reasonably be restructured with another USDA loan or modification and the project was operating with rental assistance under section 521 of the Housing Act of 1949: Provided further, That the Secretary may renew the rental assistance agreements in maturing properties notwithstanding any provision of section 521 of the Housing Act of 1949, for a term of at least 10 years but not more than 20 years: Provided further, That any agreement to extend the term of the rental assistance contract under section 521 of the Housing Act of 1949 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development in accordance with the Housing Act of 1949, except that rents shall be based on the lesser of (1) the budget-based needs of the project, or (2) the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note): Provided further, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That upon request by an owner of a project financed by an existing loan under section 514 or 515 of the Act, the Secretary may renew the rental assistance agreement for a period of 20 years or until the term of such loan has expired, subject to annual appropriations: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction, maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2023 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further, That except as provided in the sixth proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2023 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs. RURAL HOUSING VOUCHER ACCOUNT For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $50,000,000, to remain available until expended: Provided, That the funds made available under this heading shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid or otherwise paid off after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading. MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490c ), $32,000,000, to remain available until expended. RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 , and 1490m, $48,000,000, to remain available until expended. RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $319,284,000, to remain available until expended, of which up to $202,284,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the explanatory statement to accompany this Act: Provided, That $7,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That any unobligated balances from prior year appropriations under this heading for the cost of direct loans, loan guarantees and grants, including amounts deobligated or cancelled, may be made available to cover the subsidy costs for direct loans and or loan guarantees under this heading in this fiscal year: Provided further, That no amounts may be made available pursuant to the preceding proviso from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That $10,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. Rural business—Cooperative service RURAL BUSINESS PROGRAM ACCOUNT For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $83,100,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $9,000,000 shall be for grants to the Delta Regional Authority ( 7 U.S.C. 2009aa et seq. ), the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. ), and the Appalachian Regional Commission ( 40 U.S.C. 14101 et seq. ) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That of the amount appropriated under this heading, $5,000,000 shall be for the Rural Innovation Stronger Economy Grant Program ( 7 U.S.C. 2008w ): Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading. INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b ), $18,889,000. For the cost of direct loans, $3,313,000, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b ), of which $331,000 shall be available through June 30, 2023, for Federally Recognized Native American Tribes; and of which $663,000 shall be available through June 30, 2023, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460 ): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be paid to the appropriation for Rural Development, Salaries and Expenses . RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT For the principal amount of direct loans, as authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $75,000,000. The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $15,000,000. RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 ), $28,300,000, of which $3,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided, That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $16,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 210A of the Agricultural Marketing Act of 1946, of which $3,000,000, to remain available until expended, shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107–171 . RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM For the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s ), $25,000,000. For the cost of loans and grants, $6,500,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s ). RURAL ENERGY FOR AMERICA PROGRAM For the principal amount of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), $20,000,000. For the cost of a program of loan guarantees and grants, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ), $15,018,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. HEALTHY FOOD FINANCING INITIATIVE For the cost of loans and grants that is consistent with section 243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 ), as added by section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities, $5,000,000, to remain available until expended: Provided, That the cost of such loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. Rural utilities service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $1,440,000,000 for direct loans; and $50,000,000 for guaranteed loans. For the cost of loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $720,448,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Provided further, That $75,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act: Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83 : Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $40,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $25,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 of the amounts made available under this heading shall be for solid waste management grants: Provided further, That not to exceed $5,448,000 of the amounts appropriated under this heading shall be available as the Secretary deems appropriate for water and waste direct one percent loans for distressed communities: Provided further, That if the Secretary determines that any portion of the amount made available for one percent loans is not needed for such loans, the Secretary may use such amounts for grants authorized by section 306(a)(2) of the Consolidated Farm and Rural Development Act: Provided further, That if any funds made available for the direct loan subsidy costs remain unobligated after July 31, 2023, such unobligated balances may be used for grant programs funded under this heading: Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ): Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading. RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The principal amount of loans and loan guarantees as authorized by sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 , 935, 936, 940c–1, and 940g) shall be made as follows: guaranteed rural electric loans made pursuant to section 306 of that Act, $2,167,000,000; cost of money direct loans made pursuant to sections 4, notwithstanding the one-eighth of one percent in 4(c)(2), and 317, notwithstanding 317(c), of that Act, $4,333,000,000; guaranteed underwriting loans pursuant to section 313A of that Act, $1,000,000,000; and for cost-of-money rural telecommunications loans made pursuant to section 305(d)(2) of that Act, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, design, engineering or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon subsurface utilization and storage systems. For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 ( 7 U.S.C. 935(d)(2) ), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $3,726,000. In addition, $13,000,000 to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a ): Provided, That the energy efficiency measures supported by the funding in this paragraph shall contribute in a demonstrable way to the reduction of greenhouse gases. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be paid to the appropriation for Rural Development, Salaries and Expenses . DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. , $64,991,000, to remain available until expended, of which up to $4,991,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending in the explanatory statement to accompany this Act: Provided, That $3,000,000 shall be made available for grants authorized by section 379G of the Consolidated Farm and Rural Development Act: Provided further, That funding provided under this heading for grants under section 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. For the cost of broadband loans, as authorized by sections 601 and 602 of the Rural Electrification Act, $3,000,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. For the cost to continue a broadband loan and grant pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ) under the Rural Electrification Act of 1936, as amended ( 7 U.S.C. 901 et seq. ), $400,000,000, to remain available until expended: Provided, That the Secretary may award grants described in section 601(a) of the Rural Electrification Act of 1936, as amended ( 7 U.S.C. 950bb(a) ) for the purposes of carrying out such pilot program: Provided further, That the cost of direct loans shall be defined in section 502 of the Congressional Budget Act of 1974: Provided further, That at least 90 percent of the households to be served by a project receiving a loan or grant under the pilot program shall be in a rural area without sufficient access to broadband: Provided further, That for purposes of such pilot program, a rural area without sufficient access to broadband shall be defined as twenty-five megabytes per second downstream and three megabytes per second upstream: Provided further, That to the extent possible, projects receiving funds provided under the pilot program must build out service to at least one hundred megabytes per second downstream, and twenty megabytes per second upstream: Provided further, That an entity to which a loan or grant is made under the pilot program shall not use the loan or grant to overbuild or duplicate broadband service in a service area by any entity that has received a broadband loan from the Rural Utilities Service unless such service is not provided sufficient access to broadband at the minimum service threshold: Provided further, That not more than four percent of the funds made available in this paragraph can be used for administrative costs to carry out the pilot program and up to three percent of funds made available in this paragraph may be available for technical assistance and pre-development planning activities to support the most rural communities: Provided further, That the Rural Utilities Service is directed to expedite program delivery methods that would implement this paragraph: Provided further, That for purposes of this paragraph, the Secretary shall adhere to the notice, reporting and service area assessment requirements set forth in section 701 of the Rural Electrification Act ( 7 U.S.C. 950cc ). In addition, $35,000,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb–3 . IV DOMESTIC FOOD PROGRAMS Office of the under secretary for food, nutrition, and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $1,376,000: Provided , That funds made available by this Act to an agency in the Food, Nutrition and Consumer Services mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. Food and nutrition service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), except section 21, and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), except sections 17 and 21; $28,613,957,000 to remain available through September 30, 2024, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $20,162,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ): Provided further, That of the total amount available, $21,005,000 shall be available to carry out studies and evaluations and shall remain available until expended: Provided further, That of the total amount available, $15,000,000 shall remain available until expended to carry out section 18(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g) ): Provided further, That notwithstanding section 18(g)(3)(C) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g)(3)(c) ), the total grant amount provided to a farm to school grant recipient in fiscal year 2023 shall not exceed $500,000: Provided further, That of the total amount available, $35,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further, That of the total amount available, $50,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 ( Public Law 111–80 ): Provided further, That of the total amount available, $3,000,000 shall remain available until expended to carry out activities authorized under subsections (a)(2) and (e)(2) of section 21 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769b–1(a)(2) and (e)(2)): Provided further, That of the total amount available, $3,000,000 shall be available until September 30, 2024 to carry out section 23 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1793 ), of which $500,000 shall be for grants under such section to the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, and American Samoa: Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended in the first sentence by striking 2010 through 2023 and inserting 2010 through 2024 : Provided further, That section 9(h)(3) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(h)(3) ) is amended in the first sentence by striking For fiscal year 2022 and inserting For fiscal year 2023 : Provided further, That section 9(h)(4) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(h)(4) ) is amended in the first sentence by striking For fiscal year 2022 and inserting For fiscal year 2023 . SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $6,000,000,000, to remain available through September 30, 2024: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(10) ), not less than $90,000,000 shall be used for breastfeeding peer counselors and other related activities, and $14,000,000 shall be used for infrastructure: Provided further, That the Secretary shall use funds made available under this heading to increase the amount of a cash-value voucher for women and children participants to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), $111,180,895,000, of which $3,000,000,000, to remain available through September 30, 2025, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That of the funds made available under this heading, $3,000,000, to remain available until September 30, 2024, shall be used to carry out section 4003(b) of Public Law 115–334 relating to demonstration projects for tribal organizations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available through September 30, 2024: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2024: Provided further, That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act ( 8 U.S.C. 1183A ): Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008. COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $465,710,000, to remain available through September 30, 2024: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2023 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2024: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ), the Secretary may use up to 20 percent for costs associated with the distribution of commodities. NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $189,348,000: Provided, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171 , as amended by section 4401 of Public Law 110–246 . V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the under secretary for trade and foreign agricultural affairs For necessary expenses of the Office of the Under Secretary for Trade and Foreign Agricultural Affairs, $932,000: Provided, That funds made available by this Act to any agency in the Trade and Foreign Agricultural Affairs mission area for salaries and expenses are available to fund up to one administrative support staff for the Office. OFFICE OF CODEX ALIMENTARIUS For necessary expenses of the Office of Codex Alimentarius, $4,922,000, including not to exceed $40,000 for official reception and representation expenses. Foreign agricultural service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 ), $240,093,000, of which no more than 6 percent shall remain available until September 30, 2024, for overseas operations to include the payment of locally employed staff, and of which $1,000,000 shall be available to carry out section 3307 of Public Law 115–334 : Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs ( 7 U.S.C. 1737 ) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. FOOD FOR PEACE TITLE II GRANTS For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act ( Public Law 83–480 ), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,800,000,000, to remain available until expended. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ), $250,000,000, to remain available until expended: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, not more than 10 percent, but not less than $25,000,000, shall remain available until expended to purchase agricultural commodities as described in subsection 3107(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(a)(2) ). COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, which shall be paid to the appropriation for Foreign Agricultural Service, Salaries and Expenses . VI RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION Department of health and human services FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; in addition to amounts appropriated to the FDA Innovation Account, for carrying out the activities described in section 1002(b)(4) of the 21st Century Cures Act ( Public Law 114–255 ); for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188 ; $6,351,956,000: Provided, That of the amount provided under this heading, $1,224,132,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h , and shall be credited to this account and remain available until expended; $248,342,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j , and shall be credited to this account and remain available until expended; $550,449,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42 , and shall be credited to this account and remain available until expended; $40,841,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52 , and shall be credited to this account and remain available until expended; $32,238,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12 , and shall be credited to this account and remain available until expended; $29,459,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j–21 , and shall be credited to this account and remain available until expended; $712,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s , and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2023 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2023, including any such fees collected prior to fiscal year 2023 but credited for fiscal year 2023, shall be subject to the fiscal year 2023 limitations: Provided further, That the Secretary may accept payment during fiscal year 2023 of user fees specified under this heading and authorized for fiscal year 2024, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2024 for which the Secretary accepts payment in fiscal year 2023 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,185,539,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs, of which no less than $15,000,000 shall be used for inspections of foreign seafood manufacturers and field examinations of imported seafood; (2) $2,190,235,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs, of which no less than $8,500,000 shall be for pilots to increase unannounced foreign inspections and shall remain available until expended; (3) $470,478,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $284,572,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $663,157,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $77,146,000 shall be for the National Center for Toxicological Research; (7) $677,165,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) $216,570,000 shall be for Rent and Related activities, of which $56,011,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) $237,917,000 shall be for payments to the General Services Administration for rent; and (10) $349,177,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Food Policy and Response, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to, and for the administration of, section 770(n) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379dd(n) ) shall only be from amounts made available under this heading for other activities and shall not exceed $2,000,000: Provided further, That of the amounts that are made available under this heading for other activities , and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for Department of Health and Human Services—Office of Inspector General for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b , export certification user fees authorized by 21 U.S.C. 381 , priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31 , outsourcing facility fees authorized by 21 U.S.C. 379j–62 , prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3) , third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1) , third-party auditor fees authorized by 21 U.S.C. 384d(c)(8) , medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, and fees relating to over-the-counter monograph drugs authorized by 21 U.S.C. 379j–72 shall be credited to this account, to remain available until expended. BUILDINGS AND FACILITIES For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $30,788,000, to remain available until expended. FDA INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading Salaries and Expenses , $50,000,000, to remain available until expended: Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures Act, are to be derived from amounts transferred under section 1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for Department of Health and Human Services Food and Drug Administration Salaries and Expenses solely for the purposes provided in such Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may be transferred back to the account: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. INDEPENDENT AGENCY Farm credit administration LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $88,500,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships: Provided further, That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress: Provided further, That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 ( 12 U.S.C. 2128(b)(2)(A)(i) ), the Farm Credit Administration may exempt, an amount in its sole discretion, from the application of the limitation provided in that clause of export loans described in the clause guaranteed or insured in a manner other than described in subclause (II) of the clause. VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2023 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, That, prior to purchasing additional motor vehicles, the Secretary must determine that such vehicles are necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety: Provided further, That the Secretary may not increase the Department of Agriculture's fleet above the 2018 level unless the Secretary notifies in writing, and receives approval from, the Committees on Appropriations of both Houses of Congress within 30 days of the notification. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department’s National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 716 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department’s Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, personnel, or functions of the offices of the Chief Financial Officer and the Chief Information Officer, co-located with or from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 716 of this Act: Provided further, That the National Finance Center Information Technology Services Division personnel and data center management responsibilities, and control of any functions, missions, and systems for current and future human resources management and integrated personnel and payroll systems (PPS) and functions provided by the Chief Financial Officer and the Chief Information Officer shall remain in the National Finance Center and under the management responsibility and administrative control of the National Finance Center: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235 . 707. Funds made available under section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) ) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. 708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act. 709. Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2024, for information technology expenses. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 711. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 ) or by a successor to that Act, other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation— (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i ); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 713. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 714. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 ( 7 U.S.C. 612c–6 ; in this section referred to as section 14222 ), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c ; in this section referred to as section 32 ) in excess of $1,483,309,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$485,000,000; State Option Contracts—$5,000,000; Removal of Defective Commodities—$2,500,000; Administration of section 32 Commodity Purchases—$37,178,000: Provided, That, of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2023, such unobligated balances shall carryover into fiscal year 2024 and shall remain available until expended for any of the purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in any prior appropriations Act to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32. 715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2024 appropriations Act. 716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ) or section 8 of Public Law 89–106 ( 7 U.S.C. 2263 ), that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) ), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. 718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee. 719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement to accompany this Act. 722. Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), $232,650,000 are hereby rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 723. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. 724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. 725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 ( 7 U.S.C. 2235a ; Public Law 107–76 ) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of property, plant and equipment, including equipment for the improvement, delivery, and implementation of Departmental financial management, information technology, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture. 726. None of the funds made available by this Act may be used to implement, administer, or enforce the variety requirements of the final rule entitled Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term variety as defined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and variety as applied in the definition of the term staple food as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 ( Public Law 113–79 ). 727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act ( 42 U.S.C. 1490p–2 ) with respect to loans guaranteed under such section 538 and eligible lenders for such loans. 728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act. 729. None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process. 730. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et seq. , the Federal Meat Inspection Act, 21 U.S.C. 601 et seq, and the Egg Products Inspection Act, 21 U.S.C. 1031 et seq. , for the cost of inspection services provided outside of an establishment’s approved inspection shifts, and for inspection services provided on Federal holidays: Provided, That any sums charged pursuant to this section shall be deemed as overtime pay or holiday pay under section 1001(d) of the American Rescue Plan Act of 2021 ( Public Law 117–2 , 135 Stat. 242): Provided further, That sums received by the Secretary under this section shall, in addition to other available funds, remain available until expended to the Secretary without further appropriation for the purpose of funding all costs associated with FSIS inspections. 731. (a) The Secretary of Agriculture shall— (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable— (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. 732. None of the funds made available by this Act may be used to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner inconsistent with section 343(a)(13) of the Consolidated Farm and Rural Development Act. 733. None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ), or the renewal of such licenses, to class B dealers who sell Random Source dogs and cats for use in research, experiments, teaching, or testing. 734. (a) (1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926 et seq. ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the Secretary ) or the designee of the Secretary finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for Rural Utilities Service—Rural Water and Waste Disposal Program Account for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms United States and State shall include each of the several States, the District of Columbia, and each Federally recognized Indian Tribe. 735. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . 736. Of the total amounts made available by this Act for direct loans and grants under the following headings: Rural Housing Service—Rural Housing Insurance Fund Program Account ; Rural Housing Service—Mutual and Self-Help Housing Grants ; Rural Housing Service—Rural Housing Assistance Grants ; Rural Housing Service—Rural Community Facilities Program Account ; Rural Business-Cooperative Service—Rural Business Program Account ; Rural Business-Cooperative Service—Rural Economic Development Loans Program Account ; Rural Business-Cooperative Service—Rural Cooperative Development Grants ; Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program ; Rural Utilities Service—Rural Water and Waste Disposal Program Account ; Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account ; and Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program , to the maximum extent feasible, at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average, or any territory or possession of the United States: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level. 737. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) ) or section 351(a)(3) of the Public Health Service Act ( 42 U.S.C. 262(a)(3) ) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect. 738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, and published on November 27, 2015, with respect to the regulation of entities that grow, harvest, pack, or hold wine grapes, hops, pulse crops, or almonds. 739. There is hereby appropriated $5,000,000, to remain available until September 30, 2024, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. 740. For school years 2022–2023 and 2023–2024, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). 741. None of the funds made available by this Act or any other Act may be used— (1) in contravention of section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 ), subtitle G of the Agricultural Marketing Act of 1946, or section 10114 of the Agriculture Improvement Act of 2018; or (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. 742. For necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6) , and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2024, to offset the loss resulting from the coronavirus pandemic of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136 , 136a): Provided, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136 , 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 231(f) ). 743. For an additional amount for the Office of the Secretary , $1,000,000, to remain available until expended, for the Secretary, in consultation with the Secretary of the Department of Health and Human Services, to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NAS) to conduct a study of the eight research topics related to alcohol consumption that were not examined by the 2020 Dietary Guidelines Advisory Committee (DGAC): Provided, That the NAS shall examine the relationship between alcohol consumption and (1) growth, size, body composition, and risk of being overweight and obesity; (2) risk of cardiovascular disease (CVD); (3) risk of cancer; (4) neurocognitive health; (5) infant developmental milestones, including neurocognitive development (lactation); (6) post-partum weight loss (lactation); (7) human milk composition and quantity; and (8) alcohol consumption and all-cause mortality. 744. The Secretary of Agriculture may waive the matching funds requirement under section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(g) ). 745. There is hereby appropriated $5,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary. 746. There is hereby appropriated $5,000,000, to carry out section 4208 of Public Law 115–334 , including for project locations in additional regions. 747. In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. 748. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. ) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. 749. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the Child and Adult Care Food Program under section 17 of such Act ( 42 U.S.C. 1766 ), the Summer Food Service Program for Children under section 13 of such Act ( 42 U.S.C. 1761 ), or the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). 750. For school year 2023–2024, only a school food authority that had a negative balance in the nonprofit school food service account as of December 31, 2022, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(p) ). 751. Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921(g)(2) ), as amended, shall be available for grants for biotechnology risk assessment research: Provided, That the Secretary may transfer such funds among appropriations of the Department of Agriculture for purposes of making such grants. 752. There is hereby appropriated $400,000 to carry out section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(g)(4)(B) ) as amended by section 7209 of Public Law 115–334 . 753. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. ), and for the Emergency Watershed Protection Program carried out pursuant to section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) to provide technical services for such programs pursuant to section 1252(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3851(a)(1) ), notwithstanding subsection (c) of such section. 754. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), the Secretary of Agriculture may, for purposes of determining entities eligible to receive assistance, consider those communities which are Areas Rural in Character : Provided, That not more than 10 percent of the funds made available under the heading Distance Learning, Telemedicine, and Broadband Program for the purposes of the pilot program established by section 779 of Public Law 115–141 may be used for this purpose. 755. There is hereby appropriated $29,700,000 for the Goodfellow Federal facility, to remain available until expended, to be transferred to and merged with the appropriation for Food Safety and Inspection Service . 756. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel— (1) to inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 ); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 note; Public Law 104–127 ); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). 757. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution. 758. Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2023, and following the review required under Executive Order No. 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review), issue advice revising the advice provided in the notice of availability entitled Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with nutrition science recognized by the Food and Drug Administration on the net effects of seafood consumption. 759. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 , there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act ( 16 U.S.C. 1301–1311 ). 760. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2023, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. 761. There is hereby appropriated $5,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334 : Provided, That the Secretary shall prioritize the wetland compliance needs of areas with significant numbers of individual wetlands, wetland acres, and conservation compliance requests. 762. Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words genetically engineered prior to the existing acceptable market name. 763. There is hereby appropriated $500,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 ( Public Law 116–6 ; 133 Stat. 89). 764. For an additional amount for the Office of the Secretary, $15,000,000, to remain available until expended, to continue the Institute for Rural Partnerships as established in section 778 of Public Law 117–103 : Provided, That the Institute for Rural Partnerships shall continue to dedicate resources to researching the causes and conditions of challenges facing rural areas, and develop community partnerships to address such challenges: Provided further, That administrative or other fees shall not exceed one percent: Provided further, That such partnership shall coordinate and publish an annual report. 765. Of the unobligated balances from prior year appropriations made available under the heading Farm Service Agency—Agricultural Credit Insurance Fund Program Account , $5,000,000 are hereby rescinded. 766. The Secretary, as part of the report on foreign landholding required under the Agricultural Foreign Investment Disclosure Act ( Public Law 95–460 ), shall report to Congress on foreign investments in agricultural land in the United States, including the impact foreign ownership has on family farms, rural communities, and the domestic food supply: Provided, That beginning 180 days after the enactment of this Act, the Secretary shall publish all prior year disclosures of foreign investments in agricultural land in the United States on an interactive public USDA database and update every 90 days thereafter: Provided further, That all disclosures of foreign investments in agricultural land on the USDA website shall be disaggregated by: (1) in any case in which such foreign person is an individual, the citizenship of such foreign person; and (2) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person. 767. Section 2507(f) of the Farm Security and Rural Investment Act of 2002 ( 16 U.S.C. 3839bb–6(f) ) is repealed. 768. In addition to amounts otherwise made available by this or any other Act, there is hereby appropriated $10,000,000, to remain available until expended, to the Secretary for a pilot program to provide grants to a regional consortium to fund technical assistance and construction of regional wastewater systems for historically impoverished communities that have had difficulty in installing traditional wastewater treatment systems due to soil conditions. 769. Notwithstanding any other provision of law, the common name Kanpachi shall serve as an acceptable market name under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) for labeling and marketing of ocean-farmed Seriola rivoliana. This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4661is/xml/BILLS-117s4661is.xml |
117-s-4662 | II 117th CONGRESS 2d Session S. 4662 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Coons introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF STATE AND RELATED AGENCY Department of state Administration of foreign affairs DIPLOMATIC PROGRAMS For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $9,637,796,000, of which $873,447,000 may remain available until September 30, 2024, and of which up to $3,814,815,000 may remain available until expended for Worldwide Security Protection: Provided, That funds made available under this heading shall be allocated in accordance with paragraphs (1) through (4), as follows: (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36), $3,478,209,000, of which up to $685,875,000 is for Worldwide Security Protection. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,897,700,000. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation, and disarmament activities as authorized, $1,104,829,000. (4) Security programs For necessary expenses for security activities, $3,157,058,000, of which up to $3,128,940,000 is for Worldwide Security Protection. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (B) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer of funds, reprogramming, and other matters (A) Notwithstanding any other provision of this Act, funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 7015 of this Act. (B) Of the amount made available under this heading for Worldwide Security Protection, not to exceed $50,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service , to be available only for emergency evacuations and rewards, as authorized: Provided, That the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the Committees on Appropriations. (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Funds appropriated under this heading shall be made available to support the activities of an Ambassador-at-Large for the Arctic Region, as described in the explanatory statement accompanying this Act. (E) Of the amount made available under this heading, up to $75,000,000 may be transferred to, and merged with, funds made available in title I of this Act under the heading Capital Investment Fund : Provided, That the exercise of the authority provided by this subparagraph shall be subject to prior consultation with the Committees on Appropriations. (F) Of the amount made available under this heading, up to $500,000 may be made available for grants, programs, and activities to promote the employment of United States citizens by international organizations and bodies, including by providing consultation, analytical services, and related support for United States citizen applicants. (G) The eleventh proviso under the heading Diplomatic and Consular Programs in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (title I of division J of Public Law 110–161 ) is amended by inserting and for expenses of rewards programs after for rewards payments . CAPITAL INVESTMENT FUND For necessary expenses of the Capital Investment Fund, as authorized, $389,000,000, to remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, $98,500,000, of which $14,775,000 may remain available until September 30, 2024: Provided, That funds appropriated under this heading are made available notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(a)(1) ), as it relates to post inspections. In addition, for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight, $35,200,000, to remain available until September 30, 2024: Provided, That funds appropriated under this heading that are made available for the printing and reproduction costs of SIGAR shall not exceed amounts for such costs during the prior fiscal year. EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS For necessary expenses of educational and cultural exchange programs, as authorized, $781,539,000, to remain available until expended, of which not less than $290,000,000 shall be for the Fulbright Program and not less than $115,000,000 shall be for Citizen Exchange Program: Provided, That fees or other payments received from, or in connection with, English teaching, educational advising and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until expended: Provided further, That a portion of the Fulbright awards from the Eurasia and Central Asia regions shall be designated as Edmund S. Muskie Fellowships, following consultation with the Committees on Appropriations: Provided further, That funds appropriated under this heading that are made available for the Benjamin Gilman International Scholarships Program shall also be made available for the John S. McCain Scholars Program, pursuant to section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ): Provided further, That funds appropriated under this heading shall be made available for the Arctic Indigenous Exchange Program: Provided further, That any substantive modifications from the prior fiscal year to programs funded by this Act under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. REPRESENTATION EXPENSES For representation expenses as authorized, $7,415,000. PROTECTION OF FOREIGN MISSIONS AND OFFICIALS For necessary expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2024. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292 et seq. ), preserving, maintaining, repairing, and planning for real property that are owned or leased by the Department of State, and renovating, in addition to funds otherwise available, the Harry S Truman Building, $902,615,000, to remain available until September 30, 2027, of which not to exceed $25,000 may be used for overseas representation expenses as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies of the United States Government. In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,055,206,000, to remain available until expended. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $8,885,000, to remain available until expended, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account . REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as authorized: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $4,753,048. PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 ), $35,583,000. INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA Not to exceed $1,842,732 shall be derived from fees collected from other executive agencies for lease or use of facilities at the International Center in accordance with section 4 of the International Center Act ( Public Law 90–553 ), and, in addition, as authorized by section 5 of such Act, $743,000, to be derived from the reserve authorized by such section, to be used for the purposes set out in that section. PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International Organizations CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions, or specific Acts of Congress, $1,604,205,000, of which $96,240,000 may remain available until September 30, 2024: Provided, That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further, That any payment of arrearages under this heading shall be directed to activities that are mutually agreed upon by the United States and the respective international organization and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,962,235,000, of which $981,118,000 may remain available until September 30, 2024: Provided, That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for such mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and duration of the mission, the objectives of the mission, the national interest that will be served, and the exit strategy; and (2) the sources of funds, including any reprogrammings or transfers, that will be used to pay the cost of the new or expanded mission, and the estimated cost in future fiscal years: Provided further, That none of the funds appropriated under this heading may be made available for obligation unless the Secretary of State certifies and reports to the Committees on Appropriations on a peacekeeping mission-by-mission basis that the United Nations is implementing effective policies and procedures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in such mission from trafficking in persons, exploiting victims of trafficking, or committing acts of sexual exploitation and abuse or other violations of human rights, and to hold accountable individuals who engage in such acts while participating in such mission, including prosecution in their home countries and making information about such prosecutions publicly available on the website of the United Nations: Provided further, That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that United States manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President's military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United States and the President has submitted to Congress such a recommendation: Provided further, That any payment of arrearages with funds appropriated by this Act shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated or otherwise made available under this heading may be made available above the amount authorized in section 404(b)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, as amended ( 22 U.S.C. 287e note). International commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses, as follows: SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, $59,935,000, of which $8,990,000 may remain available until September 30, 2024. CONSTRUCTION For detailed plan preparation and construction of authorized projects, $51,030,000, to remain available until expended, as authorized: Provided, That of the funds appropriated under this heading in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for the United States Section, up to $5,000,000 may be transferred to, and merged with, funds appropriated under the heading Salaries and Expenses to carry out the purposes of the United States Section, which shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That such transfer authority is in addition to any other transfer authority provided in this Act. AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, $13,204,000: Provided, That of the amount provided under this heading for the International Joint Commission, up to $1,250,000 may remain available until September 30, 2024, and up to $9,000 may be made available for representation expenses: Provided further, That of the amount provided under this heading for the International Boundary Commission, up to $1,000 may be made available for representation expenses. INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $65,719,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to section 3324 of title 31, United States Code. RELATED AGENCY United states agency for global media INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the United States Agency for Global Media (USAGM), as authorized, to carry out international communication activities, and to make and supervise grants for radio, Internet, and television broadcasting to the Middle East, $877,715,000, of which $43,886,000 may remain available until September 30, 2024: Provided, That in addition to amounts otherwise available for such purposes, up to $52,708,000 of the amount appropriated under this heading may remain available until expended for satellite transmissions and Internet freedom programs, of which not less than $32,000,000 shall be for Internet freedom programs: Provided further, That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of which $10,000 may be used for such expenses within the United States as authorized, and not to exceed $30,000 may be used for representation expenses of Radio Free Europe/Radio Liberty: Provided further, That funds appropriated under this heading shall be allocated in accordance with the table included under this heading in the explanatory statement accompanying this Act: Provided further, That notwithstanding the previous proviso, funds may be reprogrammed within and between amounts designated in such table, subject to the regular notification procedures of the Committees on Appropriations, except that no such reprogramming may reduce a designated amount by more than 5 percent: Provided further, That funds appropriated under this heading shall be made available in accordance with the principles and standards set forth in section 303(a) and (b) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) and section 305(b) of such Act ( 22 U.S.C. 6204 ): Provided further, That the USAGM Chief Executive Officer shall notify the Committees on Appropriations within 15 days of any determination by the USAGM that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in section 303(a) and (b) of such Act or the entity’s journalistic code of ethics: Provided further, That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, shall remain available until expended for carrying out authorized purposes: Provided further, That significant modifications to USAGM broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all USAGM language services shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That up to $2,000,000 from the USAGM Buying Power Maintenance account may be transferred to, and merged with, funds appropriated by this Act under the heading International Broadcasting Operations , which shall remain available until expended: Provided further, That such transfer authority is in addition to any transfer authority otherwise available under any other provision of law and shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preservation, and improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such purposes, $9,700,000, to remain available until expended, as authorized. RELATED PROGRAMS The asia foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 ), $22,000,000, to remain available until expended: Provided, That funds appropriated under this heading shall be apportioned and obligated to the Foundation not later than 60 days after the date of enactment of this Act. United states institute of peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act ( 22 U.S.C. 4601 et seq. ), $55,000,000, to remain available until September 30, 2024, which shall not be used for construction activities. Center for middle eastern-Western dialogue trust fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 ), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2023, to remain available until expended. Eisenhower exchange fellowship program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 ), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2023, to remain available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by section 5376 of title 5, United States Code; or for purposes which are not in accordance with section 200 of title 2 of the Code of Federal Regulations, including the restrictions on compensation for personal services. Israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( 22 U.S.C. 2452 note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2023, to remain available until expended. East-West Center To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $25,700,000: Provided, That funds appropriated under this heading shall be apportioned and obligated to the Center not later than 60 days after the date of enactment of this Act. National endowment for democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act ( 22 U.S.C. 4412 ), $325,000,000, to remain available until expended, of which $212,160,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $112,840,000 shall be for democracy programs: Provided, That the requirements of section 7062(a) of this Act shall not apply to funds made available under this heading. OTHER COMMISSIONS Commission for the preservation of america’s heritage abroad SALARIES AND EXPENSES For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $665,000, as authorized by chapter 3123 of title 54, United States Code: Provided, That the Commission may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1, 2023: Provided further, That the Commission shall notify the Committees on Appropriations prior to exercising such authority. United states commission on international religious freedom SALARIES AND EXPENSES For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6431 et seq. ), $3,500,000, to remain available until September 30, 2024, including not more than $4,000 for representation expenses: Provided, That of the funds appropriated under this heading, $1,000,000 shall be subject to prior consultation with the Committees on Appropriations: Provided further, That the United States Commission on International Religious Freedom shall, on a regular basis, monitor, report on, and advocate against laws and policies of, foreign governments that permit or condone discrimination against, or violations of human rights of, minority groups and other vulnerable communities on the basis of religion. Commission on security and cooperation in europe SALARIES AND EXPENSES For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 ( 22 U.S.C. 3001 et seq. ), $2,908,000, including not more than $5,000 for representation expenses, to remain available until September 30, 2024. Congressional-Executive commission on the people's republic of china SALARIES AND EXPENSES For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911 et seq. ), $2,300,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2024. United states-China economic and security review commission SALARIES AND EXPENSES For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 ), $4,000,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2024: Provided, That the authorities, requirements, limitations, and conditions contained in the second through fifth provisos under this heading in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall continue in effect during fiscal year 2023 and shall apply to funds appropriated under this heading. II UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds appropriated to the president OPERATING EXPENSES For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,743,350,000, of which up to $261,503,000 may remain available until September 30, 2024: Provided, That none of the funds appropriated under this heading and under the heading Capital Investment Fund in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes: Provided further, That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to Operating Expenses in accordance with the provisions of those sections: Provided further, That of the funds appropriated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses, and not to exceed $100,500 shall be for official residence expenses, for USAID during the current fiscal year: Provided further, That of the funds appropriated under this heading, up to $20,000,000 may be transferred to, and merged with, funds appropriated or otherwise made available in title II of this Act under the heading Capital Investment Fund , subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $273,234,000, to remain available until expended: Provided, That this amount is in addition to funds otherwise available for such purposes: Provided further, That funds appropriated under this heading shall be available subject to the regular notification procedures of the Committees on Appropriations. OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $80,500,000, of which up to $12,075,000 may remain available until September 30, 2024, for the Office of Inspector General of the United States Agency for International Development: Provided, That of the funds appropriated under this heading, up to $10,000 may be available for representation expenses. III BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $4,139,500,000, to remain available until September 30, 2024, and which shall be apportioned directly to the United States Agency for International Development: Provided, That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; (6) disaster preparedness training for health crises; (7) programs to prevent, prepare for, and respond to unanticipated and emerging global health threats, including zoonotic diseases; and (8) family planning/reproductive health: Provided further, That funds appropriated under this paragraph may be made available for United States contributions to The GAVI Alliance and to a multilateral vaccine development partnership to support epidemic preparedness: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made not later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term motivate , as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use. In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $6,370,000,000, to remain available until September 30, 2027, which shall be apportioned directly to the Department of State: Provided, That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( Public Law 108–25 ), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund): Provided further, That the amount of such contribution shall be $2,000,000,000: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2023 may be made available to USAID for technical assistance related to the activities of the Global Fund, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this paragraph, up to $17,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States Global AIDS Coordinator. DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $4,753,403,000, to remain available until September 30, 2024: Provided, That funds made available under this heading shall be apportioned to the United States Agency for International Development. INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $4,480,460,000, to remain available until expended: Provided, That funds made available under this heading shall be apportioned to the United States Agency for International Development not later than 60 days after the date of enactment of this Act. TRANSITION INITIATIVES For necessary expenses for international disaster rehabilitation and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of 1961, and to support transition to democracy and long-term development of countries in crisis, $102,000,000, to remain available until expended: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new, or terminating a, program of assistance: Provided further, That if the Secretary of State determines that it is important to the national interest of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations. COMPLEX CRISES FUND For necessary expenses to carry out the provisions of section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ), $60,000,000, to remain available until expended: Provided, That funds appropriated under this heading may be made available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading shall be apportioned to the United States Agency for International Development. ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $4,122,463,000, to remain available until September 30, 2024. DEMOCRACY FUND For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, including to carry out the purposes of section 502(b)(3) and (5) of Public Law 98–164 ( 22 U.S.C. 4411 ), $226,450,000, to remain available until September 30, 2024, which shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this heading that are made available to the National Endowment for Democracy and its core institutes are in addition to amounts otherwise made available by this Act for such purposes: Provided further, That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, shall consult with the Committees on Appropriations prior to the initial obligation of funds appropriated under this paragraph. For an additional amount for such purposes, $140,750,000, to remain available until September 30, 2024, which shall be made available for the Bureau for Development, Democracy, and Innovation, United States Agency for International Development. ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act ( Public Law 102–511 ), and the Support for Eastern European Democracy (SEED) Act of 1989 ( Public Law 101–179 ), $850,000,000, to remain available until September 30, 2024, which shall be available, notwithstanding any other provision of law, except section 7047 of this Act, for assistance and related programs for countries identified in section 3 of the FREEDOM Support Act ( 22 U.S.C. 5801 ) and section 3(c) of the SEED Act of 1989 ( 22 U.S.C. 5402 ), in addition to funds otherwise available for such purposes: Provided, That funds appropriated by this Act under the headings Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement that are made available for assistance for such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 102 of the FREEDOM Support Act and section 601 of the SEED Act of 1989: Provided further, That funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance: Provided further, That funds appropriated under this heading may be made available for contributions to multilateral initiatives to counter hybrid threats. Department of state MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601 ), and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. ); allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $3,637,188,000, to remain available until expended, of which $5,000,000 shall be made available for refugees resettling in Israel: Provided, That funds appropriated under this heading may be used to carry out section 5(a)(6) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2605(a)(6) ) for employing up to 50 individuals domestically without regard to the geographic limitation in such section. UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c) ), $100,000, to remain available until expended: Provided, That amounts in excess of the limitation contained in paragraph (2) of such section shall be transferred to, and merged with, funds made available by this Act under the heading Migration and Refugee Assistance . Independent agencies PEACE CORPS For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501 et seq. ), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $430,500,000, of which $7,300,000 is for the Office of Inspector General, to remain available until September 30, 2024: Provided, That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act ( 22 U.S.C. 2515 ), an amount not to exceed $5,000,000: Provided further, That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further, That of the funds appropriated under this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That in addition to the requirements under section 7015(a) of this Act, the Peace Corps shall consult with the Committees on Appropriations prior to any decision to open, close, or suspend a domestic or overseas office or a country program unless there is a substantial risk to volunteers or other Peace Corps personnel: Provided further, That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further, That notwithstanding the previous proviso, section 614 of division E of Public Law 113–76 shall apply to funds appropriated under this heading. MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ) (MCA), $930,000,000, to remain available until expended: Provided, That of the funds appropriated under this heading, up to $130,000,000 may be available for administrative expenses of the Millennium Challenge Corporation: Provided further, That section 605(e) of the MCA ( 22 U.S.C. 7704(e) ) shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA ( 22 U.S.C. 7708 ) only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses. INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $47,000,000, to remain available until September 30, 2024: Provided, That of the funds appropriated under this heading, not to exceed $2,000 may be available for representation expenses. UNITED STATES AFRICAN DEVELOPMENT FOUNDATION For necessary expenses to carry out the African Development Foundation Act (title V of Public Law 96–533 ; 22 U.S.C. 290h et seq. ), $45,000,000, to remain available until September 30, 2024, of which not to exceed $2,000 may be available for representation expenses: Provided, That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned shall be used only for the purposes for which the grant was made: Provided further, That notwithstanding section 505(a)(2) of the African Development Foundation Act ( 22 U.S.C. 290h–3(a)(2) ), in exceptional circumstances the Board of Directors of the USADF may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided further, That the USADF shall submit a report to the appropriate congressional committees after each time such waiver authority is exercised: Provided further, That the USADF may make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions: Provided further, That the USADF may maintain bank accounts outside the United States Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Development Foundation Act: Provided further, That the USADF may not withdraw any appropriation from the Treasury prior to the need of spending such funds for program purposes. Department of the treasury INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until expended, of which not more than $9,500,000 may be used for administrative expenses: Provided, That amounts made available under this heading may be made available to contract for services as described in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without regard to the location in which such services are performed. DEBT RESTRUCTURING For Bilateral Economic Assistance—Department of the Treasury—Debt Restructuring there is appropriated $52,000,000, to remain available until September 30, 2024, for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees for, or credits extended to, such countries as the President may determine, including the costs of selling, reducing, or canceling amounts owed to the United States pursuant to the Common Framework for Debt Treatments beyond the Debt Service Suspension Initiative (DSSI) , and for reducing interest rates paid by any country eligible for the DSSI: Provided, That such amounts may be used notwithstanding any other provision of law. TROPICAL FOREST AND CORAL REEF CONSERVATION For the costs, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the costs of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries pursuant to part V of the Foreign Assistance Act of 1961, $20,000,000, to remain available until September 30, 2026. IV INTERNATIONAL SECURITY ASSISTANCE Department of state INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,473,800,000, to remain available until September 30, 2024: Provided, That the Department of State may use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing such property to a foreign country or international organization under chapter 8 of part I of such Act, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading, except that any funds made available notwithstanding such section shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, judges, and other judicial authorities, utilizing regional partners: Provided further, That funds made available under this heading that are transferred to another department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $5,000,000, and any agreement made pursuant to section 632(a) of such Act, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading for Program Development and Support may be made available notwithstanding pre-obligation requirements contained in this Act, except for the notification requirements of section 7015. NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $961,547,000, to remain available until September 30, 2024, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act ( 22 U.S.C. 5854 ), section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary contribution to the International Atomic Energy Agency (IAEA): Provided, That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and weapons destruction, and shall remain available until expended: Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency: Provided further, That funds made available for conventional weapons destruction programs, including demining and related activities, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of such programs and activities, subject to the regular notification procedures of the Committees on Appropriations. PEACEKEEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $452,059,000, of which $330,000,000 may remain available until September 30, 2024: Provided, That funds appropriated under this heading may be used, notwithstanding section 660 of the Foreign Assistance Act of 1961, to provide assistance to enhance the capacity of foreign civilian security forces, including gendarmes, to participate in peacekeeping operations: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further, That funds appropriated under this heading may be made available to pay assessed expenses of international peacekeeping activities in Somalia under the same terms and conditions, as applicable, as funds appropriated by this Act under the heading Contributions for International Peacekeeping Activities : Provided further, That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations. Funds appropriated to the president INTERNATIONAL MILITARY EDUCATION AND TRAINING For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $112,925,000, to remain available until September 30, 2024: Provided, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That of the funds appropriated under this heading, $3,000,000 shall remain available until expended to increase the participation of women in programs and activities funded under this heading, following consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not to exceed $50,000 may be available for entertainment expenses. FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), $5,862,525,000: Provided, That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces: Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code. None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the Foreign Military Sales Financing Program in the fiscal year 1989 congressional presentation for security assistance programs, and countries that are members of the North Atlantic Treaty Organization, may utilize funds made available under this heading for procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $70,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses: Provided further, That not more than $1,253,810,229 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act ( 22 U.S.C. 2761(e)(1)(A) ) may be obligated for expenses incurred by the Department of Defense during fiscal year 2023 pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) ), except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations. V MULTILATERAL ASSISTANCE Funds appropriated to the president INTERNATIONAL ORGANIZATIONS AND PROGRAMS For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, $481,000,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund: Provided further, That not later than 60 days after the date of enactment of this Act, such funds shall be made available for core contributions for each entity listed in the table under this heading in the explanatory statement accompanying this Act unless otherwise provided for in this Act, or if the Secretary of State has justified to the Committees on Appropriations the proposed uses of funds other than for core contributions following prior consultation with, and subject to the regular notification procedures of, such Committees. International financial institutions GLOBAL ENVIRONMENT FACILITY For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $150,200,000, to remain available until expended. CONTRIBUTION TO THE GREEN CLIMATE FUND For contribution to the Green Climate Fund by the Secretary of the Treasury, $1,600,000,000, to remain available until expended. CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For contribution to the Clean Technology Fund, $550,000,000, to remain available until expended: Provided, That up to $520,000,000 of such amount shall be available to cover costs, as defined in section 502 of the Congressional Budget Act of 1974, of direct loans issued to the Clean Technology Fund: Provided further, That such funds are available to subsidize gross obligations for the principal amount of direct loans without limitation. CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT For payment to the International Bank for Reconstruction and Development by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $206,500,000, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $1,421,275,728.70. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Association by the Secretary of the Treasury, $1,430,256,000, to remain available until expended. CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $43,610,000, to remain available until expended. CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK For payment to the African Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increases in capital stock, $54,648,752, to remain available until expended. LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in capital stock in an amount not to exceed $856,174,624. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For payment to the African Development Fund by the Secretary of the Treasury, $171,300,000, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $43,000,000, to remain available until expended. GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $5,000,000, to remain available until expended. CONTRIBUTIONS TO THE INTERNATIONAL MONETARY FUND FACILITIES AND TRUST FUNDS For contribution to the Poverty Reduction and Growth Trust (PRGT) or to the proposed Resilience and Sustainability Trust (RST) of the International Monetary Fund (IMF) by the Secretary of the Treasury, $20,000,000, to remain available until September 30, 2031: Provided, That such funds shall be available to cover the cost, as defined in section 502 of the Congressional Budget Act of 1974, of loans made by the Secretary of the Treasury to the PRGT or the RST of the IMF: Provided further, That such funds shall be available to subsidize gross obligations for the principal amount of direct loans not to exceed $21,000,000,000 in the aggregate, and the Secretary of the Treasury is authorized to make such loans: Provided further, That the Exchange Stabilization Fund (ESF) and the financing account corresponding to transactions with the IMF are authorized to enter into such transactions as necessary to effectuate loans from resources held in the ESF to the PRGT or RST of the IMF. VI EXPORT AND INVESTMENT ASSISTANCE Export-Import bank of the united states INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $7,500,000, of which up to $1,125,000 may remain available until September 30, 2024. PROGRAM ACCOUNT The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of enactment of this Act. ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $129,800,000, of which up to $19,470,000 may remain available until September 30, 2024: Provided, That the Export-Import Bank (the Bank) may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) of such section shall remain in effect until September 30, 2023: Provided further, That the Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further, That in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account for such purposes, to remain available until expended. PROGRAM BUDGET APPROPRIATIONS For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $21,000,000, to remain available until September 30, 2026: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds shall remain available until September 30, 2038, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2022 through 2026. RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import Bank Act of 1945 ( Public Law 79–173 ) and the Federal Credit Reform Act of 1990, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided, That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0. United states international development finance corporation INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $5,500,000, to remain available until September 30, 2024. CORPORATE CAPITAL ACCOUNT The United States International Development Finance Corporation (the Corporation) is authorized to make such expenditures and commitments within the limits of funds and borrowing authority available to the Corporation, and in accordance with the law, and to make such expenditures and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs for the current fiscal year for the Corporation: Provided, That for necessary expenses of the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018 (division F of Public Law 115–254 ) and for administrative expenses to carry out authorized activities and project-specific transaction costs described in section 1434(d) of such Act, $1,000,000,000: Provided further, That of the amount provided— (1) $220,000,000 shall remain available until September 30, 2025, for administrative expenses to carry out authorized activities (including an amount for official reception and representation expenses which shall not exceed $25,000) and project-specific transaction costs as described in section 1434(k) of such Act; (2) $780,000,000 shall remain available until September 30, 2025, for the activities described in subsections (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act of 2018, except such amounts obligated in a fiscal year for activities described in section 1421(c) of such Act shall remain available for disbursement for the term of the underlying project: Provided further, That amounts made available under this paragraph may be paid to the United States International Development Finance Corporation—Program Account for programs authorized by subsections (b), (e), (f), and (g) of section 1421 of the BUILD Act of 2018: Provided further, That funds may only be obligated pursuant to section 1421(g) of the BUILD Act of 2018 subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations: Provided further, That in fiscal year 2023 collections of amounts described in section 1434(h) of the BUILD Act of 2018 shall be credited as offsetting collections to this appropriation: Provided further, That such collections collected in fiscal year 2023 in excess of $1,000,000,000 shall be credited to this account and shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That in fiscal year 2023, if such collections are less than $1,000,000,000, receipts collected pursuant to the BUILD Act of 2018 and the Federal Credit Reform Act of 1990, in an amount equal to such shortfall, shall be credited as offsetting collections to this appropriation: Provided further, That funds appropriated or otherwise made available under this heading may not be used to provide any type of assistance that is otherwise prohibited by any other provision of law or to provide assistance to any foreign country that is otherwise prohibited by any other provision of law: Provided further, That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by the offsetting collections described under this heading so as to result in a final fiscal year appropriation from the General Fund estimated at $588,000,000. PROGRAM ACCOUNT Amounts paid from United States International Development Finance Corporation—Corporate Capital Account (CCA) shall remain available until September 30, 2025: Provided, That amounts paid to this account from CCA or transferred to this account pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ) shall be available for the costs of direct and guaranteed loans provided by the Corporation pursuant to section 1421(b) of such Act and the costs of modifying loans and loan guarantees transferred to the Corporation pursuant to section 1463 of such Act: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such amounts obligated in a fiscal year shall remain available for disbursement for the following 8 fiscal years: Provided further, That funds made available in this Act and transferred to carry out the Foreign Assistance Act of 1961 pursuant to section 1434(j) of the BUILD Act of 2018 may remain available for obligation for 1 additional fiscal year: Provided further, That the total loan principal or guaranteed principal amount shall not exceed $8,000,000,000. TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $98,000,000, to remain available until September 30, 2024, of which no more than $21,000,000 may be used for administrative expenses: Provided, That of the funds appropriated under this heading, not more than $5,000 may be available for representation and entertainment expenses. VII GENERAL PROVISIONS ALLOWANCES AND DIFFERENTIALS 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 of title 5, United States Code; for services as authorized by section 3109 of such title and for hire of passenger transportation pursuant to section 1343(b) of title 31, United States Code. UNOBLIGATED BALANCES REPORT 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2023 or any previous fiscal year, disaggregated by fiscal year: Provided, That the report required by this section shall be submitted not later than 30 days after the end of each fiscal quarter and should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated. CONSULTING SERVICES 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. DIPLOMATIC FACILITIES 7004. (a) Capital security cost sharing exception Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act), as amended by section 111 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 ), a project to construct a facility of the United States may include office space or other accommodations for members of the United States Marine Corps. (b) New diplomatic facilities For the purposes of calculating the fiscal year 2023 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the contribution of the Department of State for this purpose. (c) Consultation and notification Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2023, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That notifications pursuant to this subsection shall include the information under this section in the explanatory statement accompanying this Act. (d) Interim and temporary facilities abroad (1) Security vulnerabilities Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance may be made available, following consultation with the appropriate congressional committees, to address security vulnerabilities at interim and temporary United States diplomatic facilities abroad, including physical security upgrades and local guard staffing. (2) Consultation Notwithstanding any other provision of law, the opening, closure, or any significant modification to an interim or temporary United States diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may be waived if there is a security risk to personnel. (e) Soft targets Funds appropriated by this Act under the heading Embassy Security, Construction, and Maintenance may be made available for security upgrades to soft targets, including schools, recreational facilities, and residences used by United States diplomatic personnel and their dependents. PERSONNEL ACTIONS 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act. PROHIBITION ON PUBLICITY OR PROPAGANDA 7006. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before enactment of this Act by Congress: Provided, That up to $25,000 may be made available to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980 ( Public Law 96–533 ; 22 U.S.C. 2151a note). PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents. COUPS D’ÉTAT 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided, That assistance may be resumed to such government if the Secretary of State certifies and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes, or to support a democratic transition: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State, following consultation with the heads of relevant Federal agencies, may waive the restriction in this section on a program-by-program basis if the Secretary certifies and reports to the Committees on Appropriations that such waiver is in the national security interest of the United States: Provided further, That funds made available pursuant to such waiver shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. TRANSFER OF FUNDS AUTHORITY 7009. (a) Department of state and united states agency for global media (1) Department of state (A) In general Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, and no such transfer may be made to increase the appropriation under the heading Representation Expenses . (B) Embassy security Funds appropriated under the headings Diplomatic Programs , including for Worldwide Security Protection, Embassy Security, Construction, and Maintenance , and Emergencies in the Diplomatic and Consular Service in this Act may be transferred to, and merged with, funds appropriated under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to implement the recommendations of the Benghazi Accountability Review Board, for emergency evacuations, or to prevent or respond to security situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: Provided , That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law. (2) United states agency for global media Not to exceed 5 percent of any appropriation made available for the current fiscal year for the United States Agency for Global Media under title I of this Act may be transferred between, and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Treatment as reprogramming Any transfer pursuant to this subsection shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Limitation on transfers of funds between agencies (1) In general None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Allocation and transfers Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961, and section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ). (3) Notification Any agreement entered into by the United States Agency for International Development or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs , Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia shall be subject to the regular notification procedures of the Committees on Appropriations: Provided , That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. (c) United states international development finance corporation (1) Transfers Amounts transferred to the United States International Development Finance Corporation pursuant to section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115–254 ), or any other transfer authority provided by any provision of law, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided , That the Secretary of State, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States International Development Finance Corporation, as appropriate, shall ensure that the programs funded by such transfers are coordinated with, and complement, foreign assistance programs implemented by the Department of State and USAID. (2) Transfer of funds from millennium challenge corporation Funds appropriated under the heading Millennium Challenge Corporation in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be transferred to accounts under the heading United States International Development Finance Corporation and, when so transferred, may be used for the costs of activities described in subsections (b) and (c) of section 1421 of the BUILD Act of 2018: Provided , That such funds shall be subject to the limitations provided in the second, third, and fifth provisos under the heading United States International Development Finance Corporation—Program Account in this Act: Provided further , That any transfer executed pursuant to the transfer authority provided in this paragraph shall not exceed 10 percent of an individual Compact awarded pursuant to section 609(a) of the Millennium Challenge Act of 2003 (title VI of Public Law 108–199 ): Provided further , That such funds shall not be available for administrative expenses of the United States International Development Finance Corporation: Provided further , That such authority shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That the transfer authority provided in this section is in addition to any other transfer authority provided by law: Provided further , That within 60 days of the termination in whole or in part of the Compact from which funds were transferred under this authority to the United States International Development Finance Corporation, any unobligated balances shall be transferred back to the Millennium Challenge Corporation, subject to the regular notification procedures of the Committees on Appropriations. (d) Transfer of funds between accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriations account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of inter-Agency transfers of funds Any agreement for the transfer or allocation of funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961, or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such audits: Provided , That such audits shall be transmitted to the Committees on Appropriations by the Department of State or USAID, as appropriate: Provided further , That funds transferred under such authority may be made available for the cost of such audits. PROHIBITION AND LIMITATION ON CERTAIN EXPENSES 7010. (a) Computer networks None of the funds made available by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain a computer network for use by such department or agency unless such network has filters designed to block access to sexually explicit websites: Provided, That nothing in this subsection shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such websites undertaken as part of official business. (b) Prohibition on promotion of tobacco None of the funds made available by this Act shall be available to promote the sale or export of tobacco or tobacco products (including electronic nicotine delivery systems), or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products (including electronic nicotine delivery systems), except for restrictions which are not applied equally to all tobacco or tobacco products (including electronic nicotine delivery systems) of the same type. (c) Representation and entertainment expenses Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests, and— (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; (3) are not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (d) Limitations on entertainment expenses None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training or Foreign Military Financing Program for Informational Program activities or under the headings Global Health Programs , Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia may be obligated or expended to pay for— (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at sporting events, theatrical and musical productions, and amusement parks. AVAILABILITY OF FUNDS 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided by this Act: Provided, That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), and funds made available for United States International Development Finance Corporation and under the heading Assistance for Europe, Eurasia and Central Asia shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That the Secretary of State and the Administrator of the United States Agency for International Development shall provide a report to the Committees on Appropriations not later than October 31, 2023, detailing by account and source year, the use of this authority during the previous fiscal year. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE 7013. (a) Prohibition on taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Notification and reimbursement of foreign taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2023 on funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs by a foreign government or entity against United States assistance programs, either directly or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for fiscal year 2024 and for prior fiscal years and allocated for the central government of such country or for the West Bank and Gaza program, as applicable, if, not later than September 30, 2024, such taxes have not been reimbursed. (c) De minimis exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) Reprogramming of funds Funds withheld from obligation for each foreign government or entity pursuant to subsection (b) shall be reprogrammed for assistance for countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes, and that can reasonably accommodate such assistance in a programmatically responsible manner. (e) Determinations (1) In general The provisions of this section shall not apply to any foreign government or entity that assesses such taxes if the Secretary of State reports to the Committees on Appropriations that— (A) such foreign government or entity has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) Consultation The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any foreign government or entity. (f) Implementation The Secretary of State shall issue and update rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions As used in this section: (1) Bilateral agreement The term bilateral agreement refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. (2) Taxes and taxation The term taxes and taxation shall include value added taxes and customs duties but shall not include individual income taxes assessed to local staff. RESERVATIONS OF FUNDS 7014. (a) Reprogramming Funds appropriated under titles III through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided. (b) Extension of availability In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the Department of State or the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act may be extended for an additional fiscal year if the Secretary of State or the USAID Administrator, as appropriate, determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided , That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. (c) Other acts Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided , That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act. NOTIFICATION REQUIREMENTS 7015. (a) Notification of changes in programs, projects, and activities None of the funds made available in titles I, II, and VI, and under the headings Peace Corps and Millennium Challenge Corporation , of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that remain available for obligation in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the departments and agencies funded by this Act, shall be available for obligation to— (1) create new programs; (2) suspend or eliminate a program, project, or activity; (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorganize, downsize, or rename bureaus, centers, or offices; or (5) contract out or privatize any functions or activities presently performed by Federal employees; unless previously justified to the Committees on Appropriations or such Committees are notified 15 days in advance of such obligation. (b) Notification of reprogramming of funds None of the funds provided under titles I, II, and VI of this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies funded under such titles that remain available for obligation in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the department and agency funded under title I of this Act, shall be available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments or changes existing programs, projects, or activities; (2) relocates an existing office or employees; (3) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (4) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) Notification requirement None of the funds made available by this Act under the headings Global Health Programs , Development Assistance , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , Peace Corps , Millennium Challenge Corporation , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , Peacekeeping Operations , International Military Education and Training , Foreign Military Financing Program , International Organizations and Programs , United States International Development Finance Corporation , and Trade and Development Agency shall be available for obligation for programs, projects, activities, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation: Provided , That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further , That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for a program, project, or activity for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to Congress for obligation for such program, project, or activity for the current fiscal year: Provided further , That any notification submitted pursuant to subsection (f) of this section shall include information (if known on the date of transmittal of such notification) on the use of notwithstanding authority. (d) Department of defense programs and funding notifications (1) Programs None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support or continue any program initially funded under any authority of title 10, United States Code, or any Act making or authorizing appropriations for the Department of Defense, unless the Secretary of State, in consultation with the Secretary of Defense and in accordance with the regular notification procedures of the Committees on Appropriations, submits a justification to such Committees that includes a description of, and the estimated costs associated with, the support or continuation of such program. (2) Funding Notwithstanding any other provision of law, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations shall be subject to the regular notification procedures of the Committees on Appropriations. (3) Notification on excess defense articles Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further , That such Committees shall also be informed of the original acquisition cost of such defense articles. (e) Waiver The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided , That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further , That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) Country notification requirements None of the funds appropriated under titles III through VI of this Act may be obligated or expended for assistance for Afghanistan, Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the Russian Federation, Rwanda, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. (g) Trust funds Funds appropriated or otherwise made available in title III of this Act and prior Acts making funds available for the Department of State, foreign operations, and related programs that are made available for a trust fund held by an international financial institution shall be subject to the regular notification procedures of the Committees on Appropriations, and such notification shall include the information specified under this section in the explanatory statement accompanying this Act. (h) Other program notification requirement (1) Diplomatic programs Funds appropriated under title I of this Act under the heading Diplomatic Programs that are made available for lateral entry into the Foreign Service shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (2) Other programs Funds appropriated by this Act that are made available for the following programs and activities shall be subject to the regular notification procedures of the Committees on Appropriations: (A) the Global Engagement Center; (B) the Power Africa and Prosper Africa initiatives; (C) community-based police assistance conducted pursuant to the authority of section 7035(a)(1) of this Act; (D) the Prevention and Stabilization Fund and the Multi-Donor Global Fragility Fund; (E) the Indo-Pacific Strategy; (F) the Countering PRC Influence Fund and the Countering Russian Influence Fund; (G) the Gender Equity and Equality Action Fund; and (H) funds specifically allocated for the Partnership for Global Infrastructure and Investment. (3) Democracy program policy and procedures Modifications to democracy program policy and procedures, including relating to the use of consortia, by the Department of State and USAID shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Arms sales The reports, notifications, and certifications, and any other documents, required to be submitted pursuant to section 36(a) of the Arms Export Control Act ( 22 U.S.C. 2776 ), and such documents submitted pursuant to section 36(b) through (d) of such Act with respect to countries that have received assistance provided with funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall be concurrently submitted to the Committees on Appropriations and shall include information about the source of funds for any sale or transfer, as applicable, if known at the time of submission. (i) Withholding of funds Funds appropriated by this Act under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision of law in this or any other Act shall, if reprogrammed, be subject to the regular notification procedures of the Committees on Appropriations. (j) Prior consultation requirement The Secretary of State, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the United States International Development Finance Corporation, and the Chief Executive Officer of the Millennium Challenge Corporation shall consult with the Committees on Appropriations at least 7 days prior to informing a government of, or publicly announcing a decision on, the suspension or early termination of assistance to a country or a territory, including as a result of an interagency review of such assistance, from funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided , That such consultation shall include a detailed justification for such suspension, including a description of the assistance being suspended. DOCUMENTS, REPORT POSTING, RECORDS MANAGEMENT, AND RELATED CYBERSECURITY PROTECTIONS 7016. (a) Document requests None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Department of State and the United States Agency for International Development. (b) Public posting of reports (1) Except as provided in paragraphs (2) and (3), any report required by this Act to be submitted to Congress by any Federal agency receiving funds made available by this Act shall be posted on the public Web site of such agency not later than 45 days following the receipt of such report by Congress. (2) Paragraph (1) shall not apply to a report if— (A) the public posting of the report would compromise national security, including the conduct of diplomacy; (B) the report contains proprietary or other privileged information; or (C) the public posting of the report is specifically exempted in the explanatory statement accompanying this Act. (3) The agency posting such report shall do so only after the report has been made available to the Committees on Appropriations. (c) Records management and related cybersecurity protections The Secretary of State and USAID Administrator shall— (1) regularly review and update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and presidential executive orders and memoranda concerning the preservation of all records made or received in the conduct of official business, including record emails, instant messaging, and other online tools; (2) use funds appropriated by this Act under the headings Diplomatic Programs and Capital Investment Fund in title I, and Operating Expenses and Capital Investment Fund in title II, as appropriate, to improve Federal records management pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) and other applicable Federal records management statutes, regulations, or policies for the Department of State and USAID; (3) direct departing employees, including senior officials, that all Federal records generated by such employees belong to the Federal Government; (4) substantially reduce, compared to the previous fiscal year, the response time for identifying and retrieving Federal records, including requests made pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); and (5) strengthen cybersecurity measures to mitigate vulnerabilities, including those resulting from the use of personal email accounts or servers outside the .gov domain, improve the process to identify and remove inactive user accounts, update and enforce guidance related to the control of national security information, and implement the recommendations of the applicable reports of the cognizant Office of Inspector General. USE OF FUNDS IN CONTRAVENTION OF THIS ACT 7017. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program or policy. PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. ALLOCATIONS AND REPORTS 7019. (a) Allocation tables Subject to subsection (b), funds appropriated by this Act under titles III through V shall be made available in the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided, That such designated amounts for foreign countries and international organizations shall serve as the amounts for such countries and international organizations transmitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961, and shall be made available for such foreign countries and international organizations notwithstanding the date of the transmission of such report. (b) Authorized deviations Unless otherwise provided for by this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as applicable, may only deviate up to 10 percent from the amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act: Provided , That such percentage may be exceeded only if the Secretary of State or USAID Administrator, as applicable, determines and reports in writing to the Committees on Appropriations on a case-by-case basis that such deviation is necessary to respond to significant, exigent, or unforeseen events, or to address other exceptional circumstances directly related to the national security interest of the United States, including a description of such events or circumstances: Provided further , That deviations pursuant to the preceding proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Limitation For specifically designated amounts that are included, pursuant to subsection (a), in the report required by section 653(a) of the Foreign Assistance Act of 1961, deviations authorized by subsection (b) may only take place after submission of such report. (d) Exceptions Subsections (a) and (b) shall not apply to— (1) amounts designated for International Military Education and Training in the respective tables included in the explanatory statement accompanying this Act; (2) funds for which the initial period of availability has expired; and (3) amounts designated by this Act as minimum funding requirements. (e) Reports The Secretary of State, USAID Administrator, and other designated officials, as appropriate, shall submit the reports required, in the manner described, in the explanatory statement accompanying this Act. (f) Clarification Funds appropriated by this Act under the headings International Disaster Assistance and Migration and Refugee Assistance shall not be included for purposes of meeting amounts designated for countries in this Act, unless such headings are specifically designated as the source of funds. MULTI-YEAR PLEDGES 7020. None of the funds appropriated or otherwise made available by this Act may be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was: (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 days in advance of the pledge. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM 7021. (a) Lethal military equipment exports (1) Prohibition None of the funds appropriated or otherwise made available under titles III through VI of this Act may be made available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ): Provided , That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further , That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (2) Determination Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interest of the United States. (3) Report Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers the United States national interest. (b) Bilateral assistance (1) Limitations Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (2) Waiver The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided , That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. AUTHORIZATION REQUIREMENTS 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency , may be obligated and expended notwithstanding section 10 of Public Law 91–672 ( 22 U.S.C. 2412 ), section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( 22 U.S.C. 6212 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ). DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 7023. For the purpose of titles II through VI of this Act program, project, and activity shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and Foreign Military Financing Program accounts, program, project, and activity shall also be considered to include country, regional, and central program level funding within each such account, and for the development assistance accounts of the United States Agency for International Development, program, project, and activity shall also be considered to include central, country, regional, and program level funding, either as— (1) justified to Congress; or (2) allocated by the Executive Branch in accordance with the report required by section 653(a) of the Foreign Assistance Act of 1961 or as modified pursuant to section 7019 of this Act. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION, AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act: Provided, That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action. COMMERCE, TRADE AND SURPLUS COMMODITIES 7025. (a) World markets None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the United States International Development Finance Corporation shall be obligated or expended to finance any loan, any assistance, or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall not prohibit— (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) Exports None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit United States producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution, using funds appropriated or otherwise made available by this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEPARATE ACCOUNTS 7026. (a) Separate accounts for local currencies (1) Agreements If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (b) Separate accounts for cash transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance, including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by such assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of paragraph (1) only through the regular notification procedures of the Committees on Appropriations. ELIGIBILITY FOR ASSISTANCE 7027. (a) Assistance through nongovernmental organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 and from funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia : Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations pursuant to the regular notification procedures, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) Public law 480 During fiscal year 2023, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ): Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. DISABILITY PROGRAMS 7028. (a) Assistance Of the funds appropriated by this Act under the heading Development Assistance , not less than $20,000,000 shall be made available for programs and activities administered by the United States Agency for International Development to address the needs and protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, transportation, sports, political and electoral participation, and integration of individuals with disabilities, including for the cost of translation: Provided, That funds shall be made available to support disability rights advocacy organizations in developing countries: Provided further, That such funds shall be in addition to funds otherwise made available by this Act for such purposes. (b) Management, oversight, and technical support Of the funds made available pursuant to this section, 5 percent may be used by USAID for management, oversight, and technical support. INTERNATIONAL FINANCIAL INSTITUTIONS 7029. (a) Evaluations The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to adopt and implement a publicly available policy, including the strategic use of peer reviews and external experts, to conduct independent, in-depth evaluations of the effectiveness of at least 35 percent of all loans, grants, programs, and significant analytical non-lending activities in advancing the institution’s goals of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support such loans, grants, programs, and activities are based on accurate data and objective analysis. (b) Safeguards (1) Standard The Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Reconstruction and Development and the International Development Association to use the voice and vote of the United States to oppose any loan, grant, policy, or strategy if such institution has adopted and is implementing any social or environmental safeguard relevant to such loan, grant, policy, or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. (2) Accountability, standards, and best practices The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose loans or other financing for projects unless such projects— (A) provide for accountability and transparency, including the collection, verification, and publication of beneficial ownership information related to extractive industries and on-site monitoring during the life of the project; (B) will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations, including free, prior and informed consent of affected Indigenous communities; (C) do not provide incentives for, or facilitate, forced displacement or other violations of human rights; (D) do not partner with or otherwise involve enterprises owned or controlled by the armed forces; (E) prioritize the use of local labor; and (F) use value-for-money standards rather than lowest bid, including when a foreign state-owned enterprise or entity is bidding. (c) Compensation None of the funds appropriated under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Human rights The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to promote human rights due diligence and risk management, as appropriate, in connection with any loan, grant, policy, or strategy of such institution in accordance with the requirements specified under this subsection in the explanatory statement accompanying this Act: Provided, That prior to voting on any such loan, grant, policy, or strategy the executive director shall consult with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, if the executive director has reason to believe that such loan, grant, policy, or strategy could result in, or facilitate, forced displacement or other violations of human rights. (e) Fraud and corruption The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to— (1) include in loan, grant, and other financing agreements measurable improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, and punish fraud and corruption; and (2) oppose any loan, grant, or other financing, except to meet basic human needs, unless the government of the country is making measurable progress in reducing corruption, as determined in consultation with the Secretary of State: Provided, That the requirement of this paragraph shall not take effect until 180 days after the date of enactment of this Act. (f) Beneficial ownership information The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to collect, verify, and publish, to the maximum extent practicable, beneficial ownership information (excluding proprietary information) for any corporation or limited liability company, other than a publicly listed company, that receives funds from any such financial institution. (g) Whistleblower protections The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice of the United States to encourage such institution to effectively implement and enforce policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (1) protection against retaliation for internal and lawful public disclosure; (2) legal burdens of proof; (3) statutes of limitation for reporting retaliation; (4) access to binding independent adjudicative bodies, including shared cost and selection external arbitration; and (5) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment. (h) Grievance mechanisms and procedures The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support independent investigative and adjudicative mechanisms and procedures that meet or exceed best practices in the United States to provide due process and fair compensation, including the right to reinstatement, for employees who are subjected to harassment, discrimination, retaliation, false allegations, or other misconduct. (i) Capital increases None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to support a capital increase for an international financial institution unless the President submits a budget request for such increase to Congress and determines and reports to the Committees on Appropriations that— (1) the institution has completed a thorough analysis of the development challenges facing the relevant geographical region, the role of the institution in addressing such challenges and its role relative to other financing partners, and the steps to be taken to enhance the efficiency and effectiveness of the institution; (2) the governors of such institution have approved the capital increase; and (3) the institution is implementing policies and guidelines to require that recipients of loans, credits, grants, guarantees, or other financing from such institution are making measurable progress in reducing corruption. (j) Report Not later than 180 days after the date of enactment of this Act and every 180 days thereafter until September 30, 2024, the Secretary of the Treasury shall submit a report to the appropriate congressional committees detailing the actions taken by the United States executive directors of the international financial institutions to implement subsections (a), (b), (d), (e), (f), (g), and (h) of this section: Provided, That such report shall include the processes established to ensure compliance with the requirements in subsections (e)(2) and (i)(3), including consultation with the Secretary of State. TECHNOLOGY SECURITY 7030. (a) Insecure communications networks Funds appropriated by this Act shall be made available for programs, including through the Digital Connectivity and Cybersecurity Partnership, to— (1) advance the adoption of secure, next-generation communications networks and services, including 5G, and cybersecurity policies, in countries receiving assistance under this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs; (2) counter the establishment of insecure communications networks and services, including 5G, promoted by the People’s Republic of China and other state-backed enterprises that are subject to undue or extrajudicial control by their country of origin; and (3) provide policy and technical training on deploying open, interoperable, reliable, and secure networks to information communication technology professionals in countries receiving assistance under this Act, as appropriate: Provided, That such funds, including funds appropriated under the heading Economic Support Fund , may be used to strengthen civilian cybersecurity capacity, including participation of foreign law enforcement and military personnel in non-military activities, notwithstanding any other provision of law and following consultation with the Committees on Appropriations. (b) Consultation requirement Funds appropriated or otherwise made available by any provision of law for the Chips for America International Technology Security and Innovation Fund or a similar fund authorized or established by law, including to carry out sections 9905 and 9202(a)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. FINANCIAL MANAGEMENT, BUDGET TRANSPARENCY, AND ANTI-CORRUPTION 7031. (a) Limitation on Direct Government-to-Government Assistance (1) Requirements Funds appropriated by this Act may be made available for direct government-to-government assistance only if— (A) the requirements included in section 7031(a)(1)(A) through (E) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ) are fully met; and (B) the recipient government is making measurable progress in reducing corruption. (2) Consultation and notification In addition to the requirements in paragraph (1), funds may only be made available for direct government-to-government assistance subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. (3) Suspension of assistance The Administrator of the United States Agency for International Development or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification, or that such misuse has been appropriately addressed. (4) Submission of information The Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2024 congressional budget justification materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, and type of assistance. (5) Debt service payment prohibition None of the funds made available by this Act may be used by the government of any foreign country for debt service payments owed by any country to any international financial institution. (b) National budget and contract transparency (1) Minimum requirements of fiscal transparency The Secretary of State shall continue to update and strengthen the minimum requirements of fiscal transparency for each government receiving assistance appropriated by this Act, as identified in the report required by section 7031(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ). (2) Determination and report For each government identified pursuant to paragraph (1), the Secretary of State, not later than 180 days after the date of enactment of this Act, shall make or update any determination of significant progress or no significant progress in meeting the minimum requirements of fiscal transparency, and make such determinations publicly available in an annual Fiscal Transparency Report to be posted on the Department of State website: Provided, That such report shall include the elements included under this heading in the explanatory statement accompanying this Act. (3) Assistance Not less than $7,000,000 of the funds appropriated by this Act under the heading Economic Support Fund shall be made available for programs and activities to assist governments identified pursuant to paragraph (1) to improve budget transparency and to support civil society organizations in such countries that promote budget transparency. (c) Anti-Kleptocracy and human rights (1) Ineligibility (A) Officials of foreign governments and their immediate family members about whom the Secretary of State has credible information have been involved, directly or indirectly, in significant corruption, including corruption related to the extraction of natural resources, or a gross violation of human rights, including the wrongful detention of locally employed staff of a United States diplomatic mission or a United States citizen or national, shall be ineligible for entry into the United States. (B) Concurrent with the application of subparagraph (A), the Secretary shall, as appropriate, refer the matter to the Office of Foreign Assets Control, Department of the Treasury, to determine whether to apply sanctions authorities in accordance with United States law to block the transfer of property and interests in property, and all financial transactions, in the United States involving any person described in such subparagraph: Provided, That a copy of each such referral shall be provided to the appropriate congressional committees and the Committees on the Judiciary not less than 5 days after such referral is made. (C) The Secretary shall also publicly or privately designate or identify the officials of foreign governments and their immediate family members about whom the Secretary has such credible information without regard to whether the individual has applied for a visa. (2) Exception Individuals shall not be ineligible for entry into the United States pursuant to paragraph (1) if such entry would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. (3) Waiver The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Report Not later than 30 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2024, the Secretary of State shall submit a report, including a classified annex if necessary, to the appropriate congressional committees and the Committees on the Judiciary describing the information related to corruption or violation of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) as well as the individuals who the Secretary designated or identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any waivers provided under paragraph (3), and the justification for each waiver. (5) Posting of report Any unclassified portion of the report required under paragraph (4) shall be posted on the Department of State website. (6) Clarification For purposes of paragraphs (1), (4), and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall not be considered confidential. (d) Extraction of natural resources (1) Assistance Funds appropriated by this Act shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative, implementing and enforcing section 8204 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2052) and the amendments made by such section, and to prevent the sale of conflict diamonds, and for technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management. (2) Public disclosure and independent audits (A) The Secretary of the Treasury shall instruct the executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institutions (including any loan, credit, grant, or guarantee) to any country for the extraction and export of a natural resource if the government of such country has in place laws, regulations, or procedures to prevent or limit the public disclosure of company payments as required by United States law, and unless such government has adopted laws, regulations, or procedures in the sector in which assistance is being considered that: (1) accurately account for and publicly disclose payments to the government by companies involved in the extraction and export of natural resources; (2) include independent auditing of accounts receiving such payments and the public disclosure of such audits; and (3) require public disclosure of agreement and bidding documents, as appropriate. (B) The requirements of subparagraph (A) shall not apply to assistance for the purpose of building the capacity of such government to meet the requirements of such subparagraph. DEMOCRACY PROGRAMS 7032. (a) Funding (1) In general Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $2,900,000,000 should be made available for democracy programs. (2) Programs Of the funds made available for democracy programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia pursuant to paragraph (1), not less than $142,640,000 shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State. (b) Authorities (1) Availability Funds made available by this Act for democracy programs pursuant to subsection (a) and under the heading National Endowment for Democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (2) Beneficiaries Funds made available by this Act for the NED are made available pursuant to the authority of the National Endowment for Democracy Act (title V of Public Law 98–164 ), including all decisions regarding the selection of beneficiaries. (c) Definition of democracy programs For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, labor rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states and institutions that are responsive and accountable to citizens. (d) Program prioritization Funds made available pursuant to this section that are made available for programs to strengthen government institutions shall be prioritized for those institutions that demonstrate a commitment to democracy and the rule of law. (e) Restrictions on foreign government interference (1) Prior approval With respect to the provision of assistance for democracy programs in this Act, the organizations implementing such assistance, the specific nature of the assistance, and the participants in such programs shall not be subject to prior approval by the government of any foreign country. (2) Disclosure of implementing partner information If the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, determines that the government of the country is undemocratic or has engaged in or condoned harassment, threats, or attacks against organizations implementing democracy programs, any new bilateral agreement governing the terms and conditions under which assistance is provided to such country shall not require the disclosure of the names of implementing partners of democracy programs, and the Secretary of State and the USAID Administrator shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform to this requirement. (3) Reporting requirement The Secretary of State, in coordination with the USAID Administrator, shall submit a report to the appropriate congressional committees, not later than 90 days after the date of enactment of this Act, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. (f) Continuation of current practices USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique benefits of grants and cooperative agreements in implementing such programs. (g) Digital security and countering disinformation Democracy programs supported with funds appropriated by this Act under subsection (a)(1) should, as appropriate— (1) include— (A) a component on digital security to enhance the safety of implementers and beneficiaries; (B) assistance for civil society organizations to counter government surveillance, censorship, and repression by digital means; (C) efforts to combat weaponized technology, including the misuse of social media to spread disinformation or incite hate; and (D) measures to prevent the digital manipulation of elections, electoral data, and critical infrastructure; and (2) incorporate activities to counter disinformation propagated by malign actors, including the People’s Republic of China and the Russian Federation. (h) Informing the national endowment for democracy The Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly inform the NED of democracy programs that are planned and supported with funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (i) Protection of civil society activists and journalists (1) Of the funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund , not less than $30,000,000 shall be made available to support and protect civil society activists and journalists who have been threatened, harassed, or attacked, including journalists affiliated with the United States Agency for Global Media. (j) International freedom of expression and independent media Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $20,000,000 shall be made available for programs to protect international freedom of expression and independent media, including to implement the updated action plan required under section 7032(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ): Provided, That funds appropriated by this Act under the heading Diplomatic Programs shall be made available to the Bureau of Democracy, Human Rights, and Labor, Department of State, and funds appropriated by this Act under the heading Operating Expenses shall be made available to the Bureau for Development, Democracy, and Innovation, USAID, for the costs of administering such programs. INTERNATIONAL RELIGIOUS FREEDOM 7033. (a) International religious freedom office Funds appropriated by this Act under the heading Diplomatic Programs shall be made available for the Office of International Religious Freedom, Department of State. (b) Assistance Funds appropriated by this Act under the headings Economic Support Fund , Democracy Fund , and International Broadcasting Operations shall be made available for international religious freedom programs and funds appropriated by this Act under the headings International Disaster Assistance and Migration and Refugee Assistance shall be made available for humanitarian assistance for vulnerable and persecuted ethnic and religious minorities: Provided, That funds made available by this Act under the headings Economic Support Fund and Democracy Fund pursuant to this section shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials, and shall be subject to prior consultation with the Committees on Appropriations. (c) Authority Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the heading Economic Support Fund may be made available notwithstanding any other provision of law for assistance for ethnic and religious minorities in Iraq and Syria. (d) Designation of non-state actors Section 7033(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2023. SPECIAL PROVISIONS 7034. (a) Victims of war, displaced children, and displaced burmese Funds appropriated in title III of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Forensic assistance (1) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $20,000,000 shall be made available for forensic anthropology assistance related to the exhumation and identification of victims of war crimes, crimes against humanity, and genocide, which shall be administered by the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State: Provided, That such funds shall be in addition to funds made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs for assistance for countries. (2) Funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement shall be made available for DNA forensic technology programs to combat human trafficking in Central America and Mexico. (c) Atrocities prevention Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $6,000,000 shall be made available for programs to prevent atrocities: Provided, That funds made available pursuant to this subsection are in addition to amounts otherwise made available for such purposes: Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (d) Directives and authorities (1) Research and training Funds appropriated by this Act under the heading Assistance for Europe, Eurasia and Central Asia shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501 et seq. ). (2) Genocide victims memorial sites Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia may be made available as contributions to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations. (3) Private sector partnerships Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund that are made available for private sector partnerships, including partnerships with philanthropic foundations, up to $50,000,000 may remain available until September 30, 2025: Provided, That funds made available pursuant to this paragraph may only be made available following prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Additional authorities Of the amounts made available by this Act under the heading Diplomatic Programs , up to $500,000 may be made available for grants pursuant to section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 ( 22 U.S.C. 2656d ), including to facilitate collaboration with Indigenous communities, and under the heading Educational and Cultural Exchange Programs , up to $1,115,000 may be made available for grants to carry out the activities of the Cultural Antiquities Task Force. (5) Innovation The USAID Administrator may use funds appropriated by this Act under title III to make innovation incentive awards in accordance with the terms and conditions of section 7034(e)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ): Provided, That each individual award may not exceed $100,000. (6) Development innovation ventures Funds appropriated by this Act under the heading Development Assistance and made available for the Development Innovation Ventures program may be made available for the purposes of chapter I of part I of the Foreign Assistance Act of 1961. (7) Exchange visitor program None of the funds made available by this Act may be used to modify the Exchange Visitor Program administered by the Department of State to implement the Mutual Educational and Cultural Exchange Act of 1961 ( Public Law 87–256 ; 22 U.S.C. 2451 et seq. ), except through the formal rulemaking process pursuant to the Administrative Procedure Act ( 5 U.S.C. 551 et seq. ) and notwithstanding the exceptions to such rulemaking process in such Act: Provided, That funds made available for such purpose shall only be made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect the public diplomacy goals of, and the estimated economic impact on, the United States: Provided further, That such consultation shall take place not later than 30 days prior to the publication in the Federal Register of any regulatory action modifying the Exchange Visitor Program. (8) Payments Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs and Operating Expenses , except for funds designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, are available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i)(2) ): Provided, That funds made available pursuant to this paragraph shall be subject to prior consultation with the Committees on Appropriations. (9) Export-import bank (A) Section 6(a)(3) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a)(3) ) shall be applied through September 30, 2023, by substituting 4 percent for 2 percent in each place it appears. (B) Section 8(g) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g) ) shall be applied through September 30, 2023, by substituting 4 percent for 2 percent in each place it appears. (10) Afghan allies Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in the heading, by striking 2022 and inserting 2023 ; (B) in the matter preceding clause (i), in the first sentence, by striking 34,500 and inserting 38,500 ; and (C) in clauses (i) and (ii), by striking December 31, 2023 and inserting December 31, 2024 . (e) Partner vetting Prior to initiating a partner vetting program, providing a direct vetting option, or making a significant change to the scope of an existing partner vetting program, the Secretary of State and USAID Administrator, as appropriate, shall consult with the Committees on Appropriations: Provided, That the Secretary and the Administrator shall provide a direct vetting option for prime awardees in any partner vetting program initiated or significantly modified after the date of enactment of this Act, unless the Secretary of State or USAID Administrator, as applicable, informs the Committees on Appropriations on a case-by-case basis that a direct vetting option is not feasible for such program: Provided further, That the Secretary and the Administrator may restrict the award of, terminate, or cancel contracts, grants, or cooperative agreements or require an awardee to restrict the award of, terminate, or cancel a sub-award based on information in connection with a partner vetting program. (f) Contingencies During fiscal year 2023, the President may use up to $145,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (g) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided, That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. (h) Transfer of funds for extraordinary protection The Secretary of State may transfer to, and merge with, funds under the heading Protection of Foreign Missions and Officials unobligated balances of expired funds appropriated under the heading Diplomatic Programs for fiscal year 2023, at no later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated: Provided, That not more than $50,000,000 may be transferred. (i) Protections and remedies for employees of diplomatic missions and international organizations The terms and conditions of section 7034(k) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ) shall continue in effect during fiscal year 2023. (j) Extradition Section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) shall continue in effect during fiscal year 2023. (k) Involuntary repatriations Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may not be made available for the direct removal costs of involuntary repatriation operations. (l) Extension of authorities (1) Passport fees Section 1(b)(2) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(2) ) shall be applied by substituting September 30, 2023 for September 30, 2010 . (2) Incentives for critical posts The authority contained in section 1115(d) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (3) Usaid civil service annuitant waiver Section 625(j)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2385(j)(1) ) shall be applied by substituting September 30, 2023 for October 1, 2010 in subparagraph (B). (4) Overseas pay comparability and limitation (A) Subject to the limitation described in subparagraph (B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ) shall remain in effect through September 30, 2023. (B) The authority described in subparagraph (A) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 )) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. (5) Categorical eligibility The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ) is amended— (A) in section 599D ( 8 U.S.C. 1157 note)— (i) in subsection (b)(3), by striking and 2022 and inserting 2022, and 2023 ; and (ii) in subsection (e), by striking 2022 each place it appears and inserting 2023 ; and (B) in section 599E(b)(2) ( 8 U.S.C. 1255 note), by striking 2022 and inserting 2023 . (6) Inspector general annuitant waiver The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 ( Public Law 111–212 ) shall remain in effect through September 30, 2023, and may be used to facilitate the assignment of persons for oversight of programs in Somalia, South Sudan, Syria, Venezuela, and Yemen. (7) Special inspector general for afghanistan reconstruction competitive status Notwithstanding any other provision of law, any employee of the Special Inspector General for Afghanistan Reconstruction (SIGAR) who completes at least 12 months of continuous service after enactment of this Act or who is employed on the date on which SIGAR terminates, whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. (8) Accountability review boards The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4831(a)(3) ) shall remain in effect for facilities in Afghanistan through September 30, 2023, except that the notification and reporting requirements contained in such section shall include the Committees on Appropriations. (9) Transfer of balances Section 7081(h) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ) shall continue in effect during fiscal year 2023. (10) Department of state inspector general waiver authority The Inspector General of the Department of State may waive the provisions of subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 ) on a case-by-case basis for an annuitant reemployed by the Inspector General on a temporary basis, subject to the same constraints and in the same manner by which the Secretary of State may exercise such waiver authority pursuant to subsection (g) of such section. (11) Protective services Section 7071 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) shall continue in effect during fiscal year 2023. (12) Extension of loan guarantees to israel Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 ( Public Law 108–11 ; 117 Stat. 576) is amended under the heading Loan Guarantees to Israel — (A) in the matter preceding the first proviso, by striking September 30, 2023 and inserting September 30, 2028 ; and (B) in the second proviso, by striking September 30, 2023 and inserting September 30, 2028 . (m) Monitoring and evaluation (1) Beneficiary feedback Funds appropriated by this Act that are made available for monitoring and evaluation of assistance under the headings Development Assistance , International Disaster Assistance , and Migration and Refugee Assistance shall be made available for the regular and systematic collection of feedback obtained directly from beneficiaries to enhance the quality and relevance of such assistance: Provided, That not later than 90 days after the date of enactment of this Act, the Secretary of State and USAID Administrator shall submit to the Committees on Appropriations, and post on their respective websites, updated procedures for implementing partners that receive funds under such headings for regularly and systematically collecting and responding to such feedback, including guidelines for the reporting on actions taken in response to the feedback received: Provided further, That the Secretary of State and USAID Administrator shall regularly— (A) conduct oversight to ensure that such feedback is regularly collected and used by implementing partners to maximize the cost-effectiveness and utility of such assistance; and (B) consult with the Committees on Appropriations on the results of such oversight. (2) Ex-post evaluations Of the funds appropriated by this Act under titles III and IV, not less than $10,000,000 shall be made available for ex-post evaluations of the effectiveness and sustainability of United States Government-funded assistance programs. (n) HIV/AIDS working capital fund Funds available in the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 ( Public Law 108–447 ) may be made available for pharmaceuticals and other products for child survival, malaria, tuberculosis, and emerging and other infectious diseases, and other global health activities, to the same extent as HIV/AIDS pharmaceuticals and other products, subject to the terms and conditions in such section: Provided, That the authority in section 525(b)(5) of the Foreign Operations, Export Financing, and Related Programs Appropriation Act, 2005 ( Public Law 108–447 ) shall be exercised by the Assistant Administrator for Global Health, USAID, with respect to funds deposited for such non-HIV/AIDS pharmaceuticals and other products, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include in the congressional budget justification an accounting of budgetary resources, disbursements, balances, and reimbursements related to such fund. (o) Loans, consultation, and notification (1) Loan guarantees Funds appropriated under the headings Economic Support Fund and Assistance for Europe, Eurasia and Central Asia by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees, which are authorized to be provided: Provided, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country: Provided further, That not less than 30 days prior to the initial obligation of funds for a loan guarantee or a public announcement of a loan guarantee if funds have not been obligated for such purpose prior to such announcement, the President shall designate, and concurrently report such designation to the appropriate congressional committees, the Federal agency or agencies responsible for managing the legacy loan guarantee portfolio, maintaining the current and future financial exposure of loan guarantees, and executing future loan guarantees. (2) Consultation and notification Funds made available pursuant to the authorities of this subsection shall be subject to prior consultation with the appropriate congressional committees and the regular notification procedures of the Committees on Appropriations. (p) Local works (1) Funding Of the funds appropriated by this Act under the headings Development Assistance and Economic Support Fund , not less than $100,000,000 shall be made available for Local Works pursuant to section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), which may remain available until September 30, 2027. (2) Eligible entities For the purposes of section 7080 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ), eligible entities shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that have received less than a total of $5,000,000 from USAID over the previous 5 fiscal years: Provided, That departments or centers of such educational institutions may be considered individually in determining such eligibility. (q) Extension of procurement authority Section 7077 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74 ) shall continue in effect during fiscal year 2023. (r) Section 889 For the purposes of obligations and expenditures made with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, the waiver authority in section 889(d)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ) may also be available to the Secretary of State, following consultation with the Director of National Intelligence: Provided, That not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing the use of the authority of this subsection since enactment of this Act, which shall include the scope and duration of any waiver granted, the entity covered by such waiver, and a detailed description of the national security interest served: Provided further, That such report shall be updated every 60 days until September 30, 2024. (s) Definitions (1) Appropriate congressional committees Unless otherwise defined in this Act, for purposes of this Act the term appropriate congressional committees means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. (2) Funds appropriated by this act and prior acts Unless otherwise defined in this Act, for purposes of this Act the term funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs means funds that remain available for obligation, and have not expired. (3) International financial institutions In this Act international financial institutions means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the International Fund for Agricultural Development, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency. (4) Spend plan In this Act, the term spend plan means a plan for the uses of funds appropriated for a particular entity, country, program, purpose, or account and which shall include, at a minimum, a description of— (A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals; (B) amounts and sources of funds by account; (C) how such funds will complement other ongoing or planned programs; and (D) implementing partners, to the maximum extent practicable. (5) Successor operating unit Any reference to a particular operating unit in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be deemed to include any successor operating unit performing the same or similar functions. (6) USAID In this Act, the term USAID means the United States Agency for International Development. LAW ENFORCEMENT AND SECURITY 7035. (a) Assistance (1) Community-based police assistance Funds made available under titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (2) Combat casualty care (A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program shall be made available for combat casualty training and equipment in an amount above the prior fiscal year. (B) The Secretary of State shall offer combat casualty care training and equipment as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : Provided, That the requirement of this subparagraph shall apply to a country in conflict, unless the Secretary determines that such country has in place, to the maximum extent practicable, functioning combat casualty care treatment and equipment that meets or exceeds the standards recommended by the Committee on Tactical Combat Casualty Care: Provided further, That any such training and equipment for combat casualty care shall be made available through an open and competitive process. (3) Training related to international humanitarian law The Secretary of State shall offer training related to the requirements of international humanitarian law as a component of any package of lethal assistance funded by this Act with funds appropriated under the headings Peacekeeping Operations and Foreign Military Financing Program : Provided, That the requirement of this paragraph shall not apply to a country that is a member of the North Atlantic Treaty Organization (NATO), is a major non-NATO ally designated by section 517(b) of the Foreign Assistance Act of 1961, or is complying with international humanitarian law: Provided further, That any such training shall be made available through an open and competitive process. (4) International prison conditions Funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be made available for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities, notwithstanding section 660 of the Foreign Assistance Act of 1961: Provided, That the Secretary of State and the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of such funds prior to obligation and not later than 60 days after the date of enactment of this Act: Provided further, That such funds shall be in addition to funds otherwise made available by this Act for such purpose. (b) Authorities (1) Reconstituting civilian police authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (2) Disarmament, demobilization, and reintegration Section 7034(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235 ) shall continue in effect during fiscal year 2023. (3) Commercial leasing of defense articles Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act ( 22 U.S.C. 2763 ) may be used to provide financing to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. (4) Special defense acquisition fund Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act ( 22 U.S.C. 2795(c)(2) ) for the purposes of the Special Defense Acquisition Fund (the Fund), to remain available for obligation until September 30, 2025: Provided, That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State. (5) Amendment (A) Application Section 620M(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d(a) ) is amended by inserting the following after a gross violation of human rights : or war crime as defined in section 2441 of title 18, United States Code . (B) Definition Section 620M(e) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d(e) ) is amended— (i) by striking paragraph (2); (ii) by redesignating paragraph (1) as paragraph (2); and (iii) by inserting before paragraph (2) the following: (1) For purposes of this section— (A) the term appropriate congressional committees means— (i) the Committee on Foreign Relations of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Foreign Affairs of the House of Representatives; and (iv) the Committee on Appropriations of the House of Representatives; and (B) the term credible information means information that, considering the source of such information and the surrounding circumstances, supports a reasonable belief that a violation has occurred, and shall not be determined solely on the basis of— (i) the number of sources; (ii) whether the source has been critical of a policy or action of the United States Government or its security partners; (iii) whether the source has a personal connection to the information being reported; or (iv) whether the United States Government is able to independently verify the information. . (C) Effective date Section 620M(a) of the Foreign Assistance Act of 1961 with respect to war crimes, as amended by subparagraph (A) of this paragraph, shall not have effect until October 1, 2023. (c) Limitations (1) Child soldiers Funds appropriated by this Act should not be used to support any military training or operations that include child soldiers. (2) Landmines and cluster munitions (A) Landmines Not later than 120 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the appropriate congressional committees on implementation of the United States policy regarding anti-personnel landmines (APLs) announced on June 21, 2022, to include progress on the destruction of APLs, and the number and types of APLs required for the defense of the Republic of Korea and the methodology used to determine such number: Provided, That the report shall include the types (by Department of Defense Ammunition Code) and quantities of landmines demilitarized and removed from the demilitarization account of the United States Armed Forces, and demilitarization accomplished by contract or outside the continental United States. (B) Cluster munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (i) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (ii) such assistance, license, sale, or transfer is for the purpose of demilitarizing or permanently disposing of such cluster munitions. (3) Crowd control If the Secretary of State has information that a unit of a foreign security force uses excessive force to repress peaceful expression or assembly concerning corruption, harm to the environment or human health, or the fairness of electoral processes, or in countries that are undemocratic or undergoing democratic transition, the Secretary shall promptly determine if such information is credible: Provided, That if the information is determined to be credible, funds appropriated by this Act should not be used for tear gas, small arms, light weapons, ammunition, or other items for crowd control purposes for such unit, unless the foreign government is taking effective measures to bring the responsible members of such unit to justice. (d) Reports (1) Security assistance report Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2022, by country and purpose of assistance, under the headings Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program . (2) Annual foreign military training report For the purposes of implementing section 656 of the Foreign Assistance Act of 1961, the term military training provided to foreign military personnel by the Department of Defense and the Department of State shall be deemed to include all military training provided by foreign governments with funds appropriated to the Department of Defense or the Department of State, except for training provided by the government of a country designated by section 517(b) of such Act ( 22 U.S.C. 2321k(b) ) as a major non-North Atlantic Treaty Organization ally: Provided, That such third-country training shall be clearly identified in the report submitted pursuant to section 656 of such Act. ASSISTANCE FOR INNOCENT VICTIMS OF CONFLICT 7036. Of the funds appropriated under title III of this Act, not less than $10,000,000 shall be made available for the Marla Ruzicka Fund for Innocent Victims of Conflict: Provided, That the USAID Administrator shall consult with the Committees on Appropriations not later than 60 days after the date of enactment of this Act on the proposed uses of such funds: Provided further, That section 7056 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) is amended by striking military operations and inserting armed conflict . PALESTINIAN STATEHOOD 7037. (a) Limitation on assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; and (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interest of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority ). PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. ASSISTANCE FOR THE WEST BANK AND GAZA 7039. (a) Oversight For fiscal year 2023, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund for the West Bank and Gaza. (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity. (c) Prohibition (1) Recognition of acts of terrorism None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for— (A) the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism; and (B) any educational institution located in the West Bank or Gaza that is named after an individual who the Secretary of State determines has committed an act of terrorism. (2) Security assistance and reporting requirement Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on— (A) the benchmarks that have been established for security assistance for the West Bank and Gaza and on the extent of Palestinian compliance with such benchmarks; and (B) the steps being taken by the Palestinian Authority to end torture and other cruel, inhuman, and degrading treatment of detainees, including by bringing to justice members of Palestinian security forces who commit such crimes. (d) Oversight by the united states agency for international development (1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act, up to $1,300,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in addition to funds otherwise available for such purposes. (e) Comptroller general of the united states audit Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2023 under the heading Economic Support Fund , and such audit shall address— (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Notification procedures Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY 7040. (a) Prohibition of funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interest of the United States. (c) Period of application of waiver Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided, That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is acting to counter incitement of violence against Israelis and is supporting activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to hamas and the palestine liberation organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member, or that results from an agreement with Hamas and over which Hamas exercises undue influence. (2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961, as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ) with respect to this subsection. (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. MIDDLE EAST AND NORTH AFRICA 7041. (a) Egypt (1) Certification and report Funds appropriated by this Act that are available for assistance for Egypt may be made available notwithstanding any other provision of law restricting assistance for Egypt, except for this subsection and section 620M of the Foreign Assistance Act of 1961, and may only be made available for assistance for the Government of Egypt if the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (2) Economic support fund Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $125,000,000 shall be made available for assistance for Egypt, of which not less than $40,000,000 should be made available for higher education programs, including not less than $15,000,000 for scholarships for Egyptian students with high financial need to attend not-for-profit institutions of higher education in Egypt that are currently accredited by a regional accrediting agency recognized by the United States Department of Education, or meets standards equivalent to those required for United States institutional accreditation by a regional accrediting agency recognized by such Department: Provided, That such funds shall be made available for democracy programs, and for development programs in the Sinai. (3) Foreign military financing program (A) Certification Of the funds appropriated by this Act under the heading Foreign Military Financing Program , $1,300,000,000, to remain available until September 30, 2024, should be made available for assistance for Egypt: Provided, That such funds may be transferred to an interest bearing account in the Federal Reserve Bank of New York, following consultation with the Committees on Appropriations, and the uses of any interest earned on such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That $235,000,000 of such funds shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt is taking sustained and effective steps to— (i) strengthen the rule of law, democratic institutions, and human rights in Egypt, including to protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for such purposes; (ii) implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations, human rights defenders, and the media to function without interference; (iii) hold Egyptian security forces accountable, including officers credibly alleged to have violated human rights; (iv) investigate and prosecute cases of extrajudicial killings and forced disappearances; and (v) provide regular access for United States officials to monitor such assistance in areas where the assistance is used: Provided further, That the certification requirement of this paragraph, with the exception of clauses (iii), (iv), and (v), shall not apply to funds appropriated by this Act under such heading for counterterrorism programs for Egypt, and shall not apply to funds appropriated by this Act under such heading for border security and nonproliferation programs for Egypt. (B) Waiver The Secretary of State may waive the certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States, and submits a report to such Committees containing a detailed justification for the use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met: Provided, That the report required by this paragraph shall be submitted in unclassified form, but may be accompanied by a classified annex. (C) In addition to the funds withheld pursuant to subparagraph (A), $95,000,000 of the funds made available pursuant to this paragraph shall be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that the Government of Egypt is making clear and consistent progress in releasing political prisoners, providing detainees with due process of law, and preventing the intimidation and harassment of American citizens. (4) Pre-obligation determination Prior to the initial obligation of funds made available by this Act under the heading Foreign Military Financing Program for assistance for Egypt, the Secretary of State shall submit a report to the appropriate congressional committees on known disputes involving injuries to American citizens caused by the Egyptian military, steps taken during the preceding 12 months by the Government of Egypt to resolve, or facilitate the just resolution of, such disputes, the reasons for any delay in resolving such disputes, and the remaining obstacles to such a resolution. (b) Iran (1) Funding Funds appropriated by this Act under the headings Diplomatic Programs , Economic Support Fund , and Nonproliferation, Anti-terrorism, Demining and Related Programs shall be made available for the programs and activities described under this section in House Report 117–84. (2) Reports (A) Semi-annual report The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required by section 135(d)(4) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2160e(d)(4) ), as added by section 2 of the Iran Nuclear Agreement Review Act of 2015 ( Public Law 114–17 ). (B) Sanctions report Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on— (i) the status of United States bilateral sanctions on Iran; (ii) the reimposition and renewed enforcement of secondary sanctions; and (iii) the impact such sanctions have had on Iran’s destabilizing activities throughout the Middle East. (c) Iraq Funds appropriated under titles III and IV of this Act shall be made available for assistance for Iraq for— (1) bilateral economic assistance and international security assistance, including in the Kurdistan Region of Iraq; (2) stabilization assistance, including in Anbar Province; (3) programs to support government transparency and accountability, support judicial independence, protect the right of due process, end the use of torture, and combat corruption; (4) humanitarian assistance, including in the Kurdistan Region of Iraq; (5) programs to protect and assist religious and ethnic minority populations and for survivors of violence; and (6) programs to increase United States private sector investment. (d) Israel (1) Of the funds appropriated by this Act under the heading Foreign Military Financing Program , not less than $3,300,000,000 shall be available for grants only for Israel which shall be disbursed within 30 days of enactment of this Act: Provided, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $775,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development. (2) Of the funds appropriated by this Act under the heading Economic Support Fund that are made available for implementation of the Nita M. Lowey Middle East Partnership for Peace Act of 2020 (title VIII of division K of Public Law 116–260 ), not less than $1,500,000 shall be made available for a new women’s leadership program that brings together Israeli and Palestinian women who are committed to working in pursuit of Middle East peace. (e) Jordan Of the funds appropriated by this Act under titles III and IV, $1,457,500,000 should be made available for assistance for Jordan: Provided, That of the funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for Jordan, $75,000,000 shall remain available until September 30, 2026, and may be made available for assistance for Jordan if negotiated benchmarks towards reforms are met: Provided further, That such funds may be reprogrammed for other countries and programs, subject to the regular notification procedures of the Committees on Appropriations. (f) Lebanon (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Lebanon: Provided, That such funds made available under the heading Economic Support Fund may be made available notwithstanding section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ; 22 U.S.C. 2346 note). (2) Security assistance (A) Funds appropriated by this Act under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program that are made available for assistance for Lebanon may be made available for programs and equipment for the Lebanese Internal Security Forces (ISF) and the Lebanese Armed Forces (LAF) to address security and stability requirements in areas affected by conflict in Syria, following consultation with the appropriate congressional committees. (B) Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Lebanon may only be made available for programs to— (i) professionalize the LAF to mitigate internal and external threats from non-state actors, including Hizballah; (ii) strengthen border security and combat terrorism, including training and equipping the LAF to secure the borders of Lebanon and address security and stability requirements in areas affected by conflict in Syria, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and (iii) implement United Nations Security Council Resolution 1701: Provided, That prior to obligating funds made available by this subparagraph for assistance for the LAF, the Secretary of State shall submit to the Committees on Appropriations a spend plan, including actions to be taken to ensure equipment provided to the LAF is used only for the intended purposes, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961: Provided further, That any notification submitted pursuant to such section shall include any funds specifically intended for lethal military equipment. (3) Limitation None of the funds appropriated by this Act may be made available for the ISF or the LAF if the ISF or the LAF is controlled by a foreign terrorist organization, as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (g) Libya Funds appropriated under titles III and IV of this Act shall be made available for stabilization assistance for Libya, including support for a United Nations-facilitated political process and border security: Provided, That the limitation on the uses of funds for certain infrastructure projects in section 7041(f)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ) shall apply to such funds. (h) Saudi arabia (1) Prohibition None of the funds appropriated by this Act under the heading International Military Education and Training may be made available for assistance for the Government of Saudi Arabia. (2) Export-import bank None of the funds appropriated or otherwise made available by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs should be obligated or expended by the Export-Import Bank of the United States to guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of nuclear technology, equipment, fuel, materials, or other nuclear technology-related goods or services to Saudi Arabia unless the Government of Saudi Arabia— (A) has in effect a nuclear cooperation agreement pursuant to section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ); (B) has committed to renounce uranium enrichment and reprocessing on its territory under that agreement; and (C) has signed and implemented an Additional Protocol to its Comprehensive Safeguards Agreement with the International Atomic Energy Agency. (i) Syria (1) Non-lethal assistance Funds appropriated by this Act under titles III and IV may be made available, notwithstanding any other provision of law, for non-lethal stabilization assistance for Syria, including for emergency medical and rescue response and chemical weapons investigations. (2) Limitations Funds made available pursuant to paragraph (1) of this subsection— (A) may not be made available for a project or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )), or a proxy of Iran in Syria; (B) may not be made available for activities that further the strategic objectives of the Government of the Russian Federation that the Secretary of State determines may threaten or undermine United States national security interests; and (C) should not be used in areas of Syria controlled by a government led by Bashar al-Assad or associated forces. (3) Consultation and notification Funds made available pursuant to this subsection may only be made available following consultation with the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations. (j) Tunisia (1) Assistance Funds appropriated under titles III and IV of this Act shall be made available for assistance for Tunisia for programs to improve economic growth and opportunity, support democratic governance and civil society, protect due process of law, and maintain regional stability and security, following consultation with the Committees on Appropriations. (2) Report Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the extent to which— (A) the Government of Tunisia is implementing economic reforms, countering corruption, and taking credible steps to restore constitutional order and democratic governance, including respecting freedoms of expression, association, and the press, and the rights of members of political parties, that are in addition to steps taken in the preceding fiscal year; (B) the Government of Tunisia is maintaining the independence of the judiciary and holding security forces who commit human rights abuses accountable; and (C) the Tunisian military has remained an apolitical and professional institution. (k) West bank and gaza (1) Assistance Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $225,000,000 shall be made available for programs in the West Bank and Gaza, including for water, sanitation, and other infrastructure improvements. (2) Report on assistance Prior to the initial obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall report to the Committees on Appropriations that the purpose of such assistance is to— (A) advance Middle East peace; (B) improve security in the region; (C) continue support for transparent and accountable government institutions; (D) promote a private sector economy; or (E) address urgent humanitarian needs. (3) Limitations (A) (i) None of the funds appropriated under the heading Economic Support Fund in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act— (I) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians. (ii) The Secretary of State may waive the restriction in clause (i) of this subparagraph resulting from the application of subclause (I) of such clause if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would assist in furthering Middle East peace. (B) (i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( Public Law 100–204 ) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act— (I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and (II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians. (ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public Law 100–204 under clause (i) of this subparagraph or under previous provisions of law must expire before the waiver under this clause may be exercised. (iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (4) Application of taylor force act Funds appropriated by this Act under the heading Economic Support Fund that are made available for assistance for the West Bank and Gaza shall be made available consistent with section 1004(a) of the Taylor Force Act (title X of division S of Public Law 115–141 ). (5) Security report The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ) shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority. (6) Incitement report Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees detailing steps taken by the Palestinian Authority to counter incitement of violence against Israelis and to promote peace and coexistence with Israel. AFRICA 7042. (a) Central african republic Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $3,000,000 shall be made available for a contribution to the Special Criminal Court in Central African Republic. (b) Counter illicit armed groups Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord’s Resistance Army (LRA) or other illicit armed groups in Eastern Democratic Republic of the Congo and the Central African Republic, including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers. (c) Democratic republic of the congo Funds appropriated by this Act shall be made available for assistance for the Democratic Republic of the Congo (DRC) for stabilization, democracy, global health, and bilateral economic assistance, including in areas affected by, and at risk from, the Ebola virus disease: Provided, That such funds shall also be made available to support security, stabilization, development, and democracy in Eastern DRC: Provided further, That funds appropriated by this Act under the headings Peacekeeping Operations and International Military Education and Training that are made available for such purposes may be made available notwithstanding any other provision of law, except section 620M of the Foreign Assistance Act of 1961. (d) Ethiopia (1) Assistance Funds appropriated by this Act that are made available for assistance for Ethiopia should be used to support— (A) political dialogues and confidence building measures to end the conflicts; (B) civil society and protect human rights; (C) efforts to provide unimpeded access to humanitarian assistance; and (D) investigations and prosecutions of gross violations of human rights. (2) Report Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on the extent to which the Government of Ethiopia and other parties to the conflict— (A) have ceased offensive military operations across the country; (B) have taken credible steps toward political dialogues to end the conflicts; (C) are providing unimpeded access to humanitarian assistance; (D) are taking effective steps to protect human rights and comply with international humanitarian law and international refugee law; and (E) are cooperating with independent investigations of gross violations of human rights. (e) South sudan None of the funds appropriated by this Act under title IV may be made available for assistance for the central Government of South Sudan, except to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in South Sudan: Provided, That funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in South Sudan shall be subject to prior consultation with the appropriate congressional committees. (f) Sudan None of the funds appropriated by this Act under title IV may be made available for assistance for the central Government of Sudan, except to support implementation of outstanding issues of the Comprehensive Peace Agreement, mutual arrangements related to post-referendum issues associated with such Agreement, or any other viable peace agreement in Sudan: Provided, That funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for any new program, project, or activity in Sudan shall be subject to prior consultation with the appropriate congressional committees. (g) Zimbabwe (1) Instruction The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to promote democracy. (2) Limitation None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health and education. EAST ASIA AND THE PACIFIC 7043. (a) Association of southeast asian nations Of the funds appropriated by this Act under titles III and IV, not less than $25,000,000 shall be made available for programs to support the Association of Southeast Asian Nations (ASEAN), for which the policy justifications and decisions shall be coordinated with the Ambassador to the United States Mission to ASEAN. (b) Burma (1) Uses of funds Of the funds appropriated by this Act, not less than $136,127,000 shall be made available for assistance for Burma, which— (A) may be made available notwithstanding any other provision of law and following consultation with the appropriate congressional committees; (B) may be made available for support for the administrative operations and programs of entities that support peaceful efforts to establish an inclusive and representative democracy in Burma and a federal union to foster equality among Burma’s diverse ethnic groups, following consultation with the Committees on Appropriations; (C) shall be made available for programs to promote ethnic and religious tolerance, unity, and accountability and to combat gender-based violence, including in Kachin, Chin, Mon, Karen, Karenni, Rakhine, and Shan states; (D) shall be made available for community-based organizations with experience operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance ; and (E) shall be made available for programs and activities to investigate and document violations of human rights in Burma committed by the military junta. (2) International security assistance None of the funds appropriated by this Act under the headings International Military Education and Training and Foreign Military Financing Program may be made available for assistance for Burma. (3) Limitations None of the funds appropriated by this Act that are made available for assistance for Burma may be made available to the State Administration Council or any organization or entity controlled by, or an affiliate of, the armed forces of Burma, or to any individual or organization that has committed a gross violation of human rights or advocates violence against ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered by the Department of State and USAID or the President of the National Endowment for Democracy (NED) for programs administered by NED. (4) Consultation Any new program or activity in Burma initiated in fiscal year 2023 shall be subject to prior consultation with the appropriate congressional committees. (c) Cambodia (1) Assistance Of the funds appropriated under title III of this Act, not less than $82,505,000 shall be made available for assistance for Cambodia. (2) Certification and exceptions (A) Certification None of the funds appropriated by this Act that are made available for assistance for the Government of Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees on Appropriations that such Government is taking effective steps to— (i) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (ii) assert its sovereignty against interference by the People’s Republic of China, including by verifiably maintaining the neutrality of Ream Naval Base, other military installations in Cambodia, and dual use facilities such as the runway at the Dara Sakor development project; (iii) cease violence, threats, and harassment against civil society and the political opposition in Cambodia, and dismiss any politically motivated criminal charges against critics of the government; and (iv) respect the rights, freedoms, and responsibilities enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993. (B) Exceptions The certification required by subparagraph (A) shall not apply to funds appropriated by this Act and made available for democracy, health, education, and environment programs, programs to strengthen the sovereignty of Cambodia, and programs to educate and inform the people of Cambodia of the influence activities of the People’s Republic of China in Cambodia. (3) Uses of funds Funds appropriated under title III of this Act for assistance for Cambodia shall be made available for— (A) research, documentation, and education programs associated with the Khmer Rouge in Cambodia; and (B) programs in the Khmer language to monitor, map, and publicize the efforts by the People’s Republic of China to expand its influence in Cambodia. (d) Indo-Pacific strategy and the asia reassurance initiative act of 2018 (1) Assistance Of the funds appropriated under titles III and IV of this Act, not less than $1,800,000,000 shall be made available to support implementation of the Indo-Pacific Strategy and the Asia Reassurance Initiative Act of 2018 ( Public Law 115–409 ). (2) Countering prc influence fund Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program , not less than $300,000,000 shall be made available for a Countering PRC Influence Fund to counter the influence of the Government of the People’s Republic of China and the Chinese Communist Party and entities acting on their behalf globally, which shall be subject to prior consultation with the Committees on Appropriations: Provided, That such funds are in addition to amounts otherwise made available for such purposes: Provided further, That up to 10 percent of such funds shall be held in reserve to respond to unanticipated opportunities to counter PRC influence: Provided further, That the uses of such funds shall be the joint responsibility of the Secretary of State and the USAID Administrator, in a manner consistent with the prior fiscal year: Provided further, That funds made available pursuant to this paragraph under the heading Foreign Military Financing Program may remain available until September 30, 2024: Provided further, That funds appropriated by this Act for such Fund under the headings International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated under such headings: Provided further, That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to the regular notification procedures of the Committees on Appropriations. (3) Restriction on uses of funds None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for any project or activity that directly supports or promotes— (A) the Belt and Road Initiative or any dual-use infrastructure projects of the People’s Republic of China; and (B) the use of technology, including biotechnology, digital, telecommunications, and cyber, developed by the People’s Republic of China unless the Secretary of State, in consultation with the USAID Administrator and the heads of other Federal agencies, as appropriate, determines that such use does not adversely impact the national security of the United States. (e) Laos Of the funds appropriated by this Act under titles III and IV, not less than $85,000,000 shall be made available for assistance for Laos, including for assistance for persons with disabilities caused by unexploded ordnance accidents, and of which not less than $1,500,000 should be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities in areas sprayed with Agent Orange and contaminated with dioxin: Provided, That funds made available pursuant to this subsection may be used, in consultation with the Government of Laos, for assessments of the existence of dioxin contamination resulting from the use of Agent Orange in Laos and the feasibility and cost of remediation. (f) North korea (1) Cybersecurity None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central government of a country the Secretary of State determines and reports to the appropriate congressional committees engages in significant transactions contributing materially to the malicious cyber-intrusion capabilities of the Government of North Korea: Provided, That the Secretary of State shall submit the report required by section 209 of the North Korea Sanctions and Policy Enhancement Act of 2016 ( Public Law 114–122 ; 22 U.S.C. 9229 ) to the Committees on Appropriations: Provided further, That the Secretary of State may waive the application of the restriction in this paragraph with respect to assistance for the central government of a country if the Secretary determines and reports to the appropriate congressional committees that to do so is important to the national security interest of the United States, including a description of such interest served. (2) Broadcasts Funds appropriated by this Act under the heading International Broadcasting Operations shall be made available to maintain broadcasting hours into North Korea at levels not less than the prior fiscal year. (3) Human rights Funds appropriated by this Act under the headings Economic Support Fund and Democracy Fund shall be made available for the promotion of human rights in North Korea: Provided, That the authority of section 7032(b)(1) of this Act shall apply to such funds. (4) Limitation on use of funds None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea. (g) Pacific islands countries (1) Operations (A) Diplomatic facilities Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title I should be made available for establishing and operating diplomatic facilities in Kiribati, Tonga, Solomon Islands, and Vanuatu, subject to section 7015(a)(3) of this Act and following consultation with the Committees on Appropriations. (B) Personnel Not later than 90 days after the date of enactment of this Act, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the appropriate congressional committees detailing plans, including timelines and costs regarding property leases and personnel, for expanding the presence of United States diplomatic and development personnel in Pacific Islands countries: Provided, That in order to expeditiously expand such presence, the Secretary of State and USAID Administrator may, following consultation with the Committees on Appropriations, use funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs to hire locally employed staff in Kiribati, Tonga, Solomon Islands, Vanuatu, and other Pacific Islands countries that do not have United States diplomatic facilities. (C) Pacific air wing Not later than 90 days after the date of enactment of this Act, the Secretary of State, following consultation with the Secretary of Defense and the heads of other relevant Federal agencies, shall submit a report to the Committees on Appropriations on the feasibility of, and if feasible, plans for, establishing an air wing program to support the operations of the Department of State and USAID in Pacific Islands countries: Provided, That funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for such program if the Secretary of State determines in the report required by this subparagraph that such program is feasible, following consultation with, and the regular notification procedures of, the Committees on Appropriations. (2) Programs (A) Department of state and usaid Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , International Narcotics Control and Law Enforcement , Nonproliferation, Anti-terrorism, Demining and Related Programs , International Military Education and Training , and Foreign Military Financing Program , not less than $205,200,000 shall be made available for assistance for Pacific Islands countries, including as described in the explanatory statement accompanying this Act: Provided, That of the funds made available pursuant to this subparagraph, funds shall be made available for assistance for the Pacific Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, including for direct budget support, as appropriate: Provided further, That funds made available for the purposes of the previous proviso shall be in addition to funds made available by any Act for Compacts of Free Association: Provided further, That up to $1,500,000 may be made available for assistance for the Republic of Nauru, in accordance with the requirements of section 7047(c)(1) of this Act: Provided further, That funds made available pursuant to this subparagraph shall be made available for joint development and security programs between the United States and Australia, Japan, New Zealand, South Korea, and Taiwan, following consultation with the Committees on Appropriations. (B) Transfer authority (i) Funds made available pursuant to subparagraph (A) under the headings Development Assistance and Economic Support Fund may be transferred to, and merged with, funds appropriated under such headings. (ii) Funds made available pursuant to subparagraph (A) under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program may be transferred to, and merged with, funds appropriated under such headings. (iii) The transfer authority provided pursuant to this subparagraph is in addition to any other transfer authority otherwise available under any other provision of law and shall be subject to the regular notification procedures of the Committees on Appropriations. (C) United states international development finance corporation Not later than 30 days after the date of enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit a report to the appropriate congressional committees detailing the authority necessary to support projects in countries that are categorized as high income countries, particularly in Pacific Islands countries: Provided, That such report shall include representative examples of opportunities to leverage such authority to further the national economic or foreign policy interests of the United States, including to counter the influence of the People’s Republic of China, and to produce significant developmental outcomes, including in the health sector. (h) People's republic of china (1) Limitation on use of funds None of the funds appropriated under the heading Diplomatic Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China (PRC) unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (2) People's liberation army The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the PRC, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. (3) Hong kong (A) Democracy programs Of the funds appropriated by this Act under the first paragraph under the heading Democracy Fund , not less than $5,000,000 shall be made available for democracy and Internet freedom programs for Hong Kong, including legal and other support for democracy activists. (B) Restrictions on assistance None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Hong Kong should be obligated for assistance for the Government of the People’s Republic of China and the Chinese Communist Party or any entity acting on their behalf in Hong Kong. (C) Report The report required under section 7043(f)(3)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ) shall be updated and submitted to the Congress in the manner described. (i) Philippines None of the funds appropriated by this Act may be made available for counternarcotics assistance for the Philippines, except for drug demand reduction, maritime law enforcement, or transnational interdiction: Provided, That not later than 45 days after the date of enactment of this Act, the Secretary of State shall update the report required under this heading in Senate Report 116–126 and specify how United States assistance for the armed forces of the Philippines is being used to achieve measurable results in addressing the findings in such report, and the results achieved. (j) Taiwan (1) Global cooperation and training framework Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $4,000,000 shall be made available for the Global Cooperation and Training Framework, which shall be administered by the American Institute in Taiwan. (2) Foreign military financing program loan guarantees (A) During fiscal year 2023, the Secretary of State is authorized to make direct loans under section 23 of the Arms Export Control Act available for Taiwan, notwithstanding section 23(c)(1) of the Arms Export Control Act, gross obligations for the principal amounts of which shall not exceed $2,000,000,000: Provided, That funds appropriated under the heading Foreign Military Financing Program in this Act may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of such loans: Provided further, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 and may include the costs of selling, reducing, or cancelling any amounts owed to the United States or any agency of the United States: Provided further, That the Government of the United States may charge fees for such loans, which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That no funds made available by this or any other appropriations Act for this fiscal year or prior fiscal years may be used for payment of any fees associated with such loans: Provided further, That such loans shall be repaid in not more than 12 years, including a grace period of up to one year on repayment of principal: Provided further, That notwithstanding section 23(c)(1) of the Arms Export Control Act, interest for such loans may be charged at a rate determined by the Secretary of State, except that such rate may not be less than the prevailing interest rate on marketable Treasury securities of similar maturity: Provided further, That amounts made available under this paragraph for such costs shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (B) Funds appropriated under the heading Foreign Military Financing Program by this Act may be made available, notwithstanding the third proviso under such heading, for the costs of loan guarantees under section 24 of the Arms Export Control Act for Taiwan, which are authorized to be provided: Provided, That such funds may be made available to subsidize gross obligations for the principal amount of commercial loans, and total loan principal, any part of which is to be guaranteed, not to exceed $2,000,000,000: Provided further, That no loan guarantee with respect to any one borrower may exceed 80 percent of the loan principal: Provided further, That any loan guaranteed under this paragraph may not be subordinated to another debt contracted by the borrower or to any other claims against the borrower in the case of default: Provided further, That repayment in United States dollars of any loan guaranteed under this paragraph shall be required within a period not to exceed 12 years after the loan agreement is signed: Provided further, That the Government of the United States may charge fees for such loan guarantees, as may be determined, notwithstanding section 24 of the Arms Export Control Act, which shall be collected from borrowers or third parties on behalf of such borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That amounts made available under this paragraph for the costs of such guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (C) Funds made available to carry out the authorities of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (k) Tibet (1) Financing of projects in tibet The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support financing of projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Programs for tibetan communities (A) Notwithstanding any other provision of law, of the funds appropriated by this Act under the heading Economic Support Fund , not less than $10,000,000 shall be made available to nongovernmental organizations with experience working with Tibetan communities to support activities which preserve cultural traditions and promote sustainable development, education, and environmental conservation in Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China. (B) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $8,000,000 shall be made available for programs to promote and preserve Tibetan culture and language in the refugee and diaspora Tibetan communities, development, and the resilience of Tibetan communities and the Central Tibetan Administration in India and Nepal, and to assist in the education and development of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to amounts made available in subparagraph (A) for programs inside Tibet. (C) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $3,000,000 shall be made available for programs to strengthen the capacity of the Central Tibetan Administration: Provided, That such funds shall be administered by the United States Agency for International Development. (l) Vietnam (1) Of the funds appropriated under titles III and IV of this Act, not less than $197,000,000 shall be made available for assistance for Vietnam, of which not less than— (A) $30,000,000 shall be made available for programs to assist persons with severe physical mobility, cognitive, or developmental disabilities: Provided, That such funds shall be prioritized to assist persons whose disabilities may be related to the use of Agent Orange and exposure to dioxin, or are the result of unexploded ordnance accidents; (B) $20,000,000 shall be made available, notwithstanding any other provision of law, for activities related to the remediation of dioxin contaminated sites in Vietnam and may be made available for assistance for the Government of Vietnam, including the military, for such purposes; (C) $2,000,000 shall be made available for the Vietnamese Wartime Accounting Initiative; and (D) $15,000,000 shall be made available for higher education programs. (2) Section 7043(i)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ) is amended by striking that and inserting : Provided, That such funds shall be prioritized to assist persons whose disabilities . SOUTH AND CENTRAL ASIA 7044. (a) Afghanistan (1) Restriction None of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. (2) Afghan special immigrant visas Funds appropriated or otherwise made available by this Act under the heading Administration for Foreign Affairs shall be made available for additional Department of State personnel necessary to eliminate processing backlogs and expedite adjudication of Afghan Special Immigrant Visa cases. (3) Afghan students Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be made available to support the higher education of students from Afghanistan studying outside of the country, including the costs of reimbursement to institutions hosting such students, as appropriate: Provided, That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations prior to the initial obligation of funds for such purposes. (4) Report Not later than 45 days after the date of enactment of this Act, the Secretary of State and the USAID Administrator shall submit a report to the appropriate congressional committees detailing plans, consistent with the restriction contained in paragraph (1), to— (A) protect and strengthen the rights of Afghan women and girls; (B) support higher education programs, including continued support for the American University of Afghanistan’s (AUAF) online programs and support for other higher education institutions in South Asia and the Middle East that are hosting AUAF and other Afghan students; (C) support Afghan civil society activists, journalists, and independent media, including in third countries; and (D) support health, education, including community-based education, and other programs to address the basic needs of the people of Afghanistan. (b) Bangladesh Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Bangladesh— (1) not less than $23,500,000 shall be made available to address the needs of communities impacted by refugees from Burma; (2) not less than $10,000,000 shall be made available for programs to protect freedom of expression and association, and the right of due process; and (3) not less than $23,300,000 shall be made available for democracy programs, of which not less than $2,000,000 shall be made available for such programs for the Rohingya community in Bangladesh. (c) Nepal Funds appropriated by this Act under the heading Foreign Military Financing Program that are made available for assistance for Nepal shall only be made available for humanitarian and disaster relief and reconstruction activities, and in support of international peacekeeping operations, military professionalization and training, and border security activities: Provided, That such funds may only be made available for additional uses if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Nepal is investigating and prosecuting violations of human rights and the laws of war by the Nepal Army, and the Nepal Army is cooperating fully with civilian judicial authorities in such cases. (d) Pakistan (1) Assistance (A) Security assistance Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan. (B) Bilateral economic assistance Prior to the obligation of funds made available by this Act under the heading Economic Support Fund for assistance for the central Government of Pakistan, the Secretary of State shall submit a report to the appropriate congressional committees detailing— (i) the amount of financing and other support, if any, provided by the Government of Pakistan to schools supported by, affiliated with, or run by the Taliban or any domestic or foreign terrorist organization in Pakistan; (ii) the extent of cooperation by such government in issuing visas in a timely manner for United States visitors, including officials and representatives of nongovernmental organizations, engaged in assistance and security programs in Pakistan; (iii) the extent to which such government is providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by conflict in Pakistan and the region; and (iv) the extent to which such government is strengthening democracy in Pakistan, including protecting freedom of expression, assembly, and religion. (2) Authority and uses of funds Funds appropriated by this Act for assistance for Pakistan may be made available notwithstanding any other provision of law, except for section 620M of the Foreign Assistance Act of 1961. (3) Withholding Of the funds appropriated under titles III and IV of this Act that are made available for assistance for Pakistan, $33,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. (e) Sri lanka (1) Assistance Funds appropriated under title III of this Act shall be made available for assistance for Sri Lanka for democracy and economic development programs. (2) Certification Funds appropriated by this Act under the headings Peacekeeping Operations and Foreign Military Financing Program for assistance for Sri Lanka may be made available only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Sri Lanka is taking effective and consistent steps to— (A) protect the rights and freedoms of the people of Sri Lanka regardless of ethnicity and religious belief, including by investigating violations of human rights and the laws of war and holding perpetrators of such violations accountable; (B) address the basic needs of the people of Sri Lanka and responsibly mitigate the impact of the country’s economic collapse, including by addressing transparency and accountability in governance; (C) combat corruption, including bringing to justice public officials who have engaged in significant acts of corruption; (D) assert its sovereignty against influence by the People’s Republic of China; and (E) promote reconciliation between ethnic and religious groups, particularly arising from past conflict in Sri Lanka, including by— (i) addressing land confiscation and ownership issues; (ii) resolving cases of missing persons, including by maintaining a functioning office of missing persons; (iii) reducing the presence of the armed forces in former conflict zones and restructuring the armed forces for a peacetime role that contributes to post-conflict reconciliation and regional security; (iv) repealing or amending laws on arrest and detention by security forces to comply with international standards; and (v) investigating allegations of arbitrary arrest and torture, and supporting a credible justice mechanism for resolving cases of war crimes: Provided, That the limitations of this paragraph shall not apply to funds made available for humanitarian assistance and disaster relief; to enhance maritime security and domain awareness, including professionalization and training for the navy and coast guard; and for instruction in human rights and related curricula development. (3) Consultation Funds made available for assistance for Sri Lanka shall be subject to prior consultation with the Committees on Appropriations. (f) Regional programs Funds appropriated by this Act shall be made available for assistance for countries in South and Central Asia to significantly increase the recruitment, training, and retention of women in the judiciary, police, and other security forces, and to train judicial and security personnel in such countries to prevent and address gender-based violence, human trafficking, and other practices that disproportionately harm women and girls. LATIN AMERICA AND THE CARIBBEAN 7045. (a) Central america (1) Assistance Funds appropriated by this Act under titles III and IV shall be made available for assistance for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama, including through the Central America Regional Security Initiative: Provided, That such assistance shall be prioritized for programs that address the violence, poverty, corruption, and other factors that contribute to irregular migration, particularly of unaccompanied minors, to the United States, including for programs to reduce violence against women and girls, protect the rights of Indigenous people, support civil society and other independent institutions, enhance economic opportunity, combat corruption and impunity, and dismantle illegal armed groups and drug trafficking organizations. (A) Of the funds made available pursuant to paragraph (1)— (i) not less than $61,500,000 shall be made available to support entities and activities to combat corruption and impunity in such countries, including, as appropriate, offices of Attorneys General; and (ii) not less than $70,000,000 shall be made available for programs to reduce violence against women and girls. (B) Within the funds made available pursuant to paragraph (1) and made available for assistance for El Salvador, Guatemala, and Honduras, up to $47,600,000 may remain available until September 30, 2027 for programs that support locally-led development in such countries: Provided, That up to 15 percent of the funds made available to carry out this subparagraph may be used by the Administrator of the United States Agency for International Development for administrative and oversight expenses related to the purposes of this subparagraph: Provided further, That the USAID Administrator shall consult with the Committees on Appropriations on the planned uses of funds to carry out this subparagraph prior to the initial obligation of funds: Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (C) Funds made available pursuant to paragraph (1) shall be made available for the Central America Service Corps (CASC), which should be matched with contributions from private donors and local governments. (2) Limitation on assistance to certain central governments (A) Of the funds made available pursuant to paragraph (1) under the heading Economic Support Fund and under title IV of this Act, 60 percent of such funds that are made available for assistance for each of the central governments of El Salvador and Guatemala, and 45 percent of such funds that are made available for assistance for the central government of Honduras, may only be obligated after the Secretary of State certifies and reports to the Committees on Appropriations that such government is— (i) combating corruption and impunity, including investigating and prosecuting government officials, military personnel, and police officers credibly alleged to be corrupt; (ii) implementing reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions, strengthening the independence of judicial and electoral institutions, and improving the transparency of political campaign and political party financing; (iii) protecting the rights of human rights defenders, trade unionists, journalists, civil society groups, opposition political parties, and the independence of the media; (iv) providing effective and accountable law enforcement and security for its citizens, curtailing the role of the military in public security, and upholding due process of law; (v) implementing policies to reduce poverty and promote economic growth and opportunity, including the implementation of reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth; (vi) improving border security and combating human smuggling and trafficking and countering the activities of criminal gangs, drug traffickers, and transnational criminal organizations; (vii) informing its citizens of the dangers of the journey to the southwest border of the United States; and (viii) implementing policies that improve the environment for foreign investment, including executing tax reform in a transparent manner, ensuring effective legal mechanisms for reimbursements of tax refunds owed to United States businesses, and resolving disputes involving the confiscation of real property of United States entities. (B) Reprogramming If the Secretary is unable to make the certification required by subparagraph (A) for one or more of the central governments, such assistance shall be reprogrammed for assistance for civil society organizations in such country, or for other countries in Latin America and the Caribbean, notwithstanding the funding provisions in this subsection and the limitations in section 7019 of this Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations. (C) Exceptions The limitation of subparagraph (A) shall not apply to funds appropriated by this Act that are made available for— (i) judicial entities and activities related to combating corruption and impunity; (ii) programs to combat gender-based violence; (iii) programs to promote and protect human rights, including those of Indigenous communities and Afro-descendants; (iv) humanitarian assistance; and (v) food security programs. (D) Foreign military financing program None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for El Salvador, Guatemala, or Honduras, except for programs that support humanitarian assistance, disaster response, and maritime security. (b) Colombia (1) Assistance Of the funds appropriated by this Act under titles III and IV, not less than $471,375,000 should be made available for assistance for Colombia: Provided, That such funds shall be made available for the programs and activities described in the explanatory statement accompanying this Act: Provided further, That of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement and made available for assistance pursuant to this paragraph, not less than $40,000,000 shall be made available to enhance rural security in coca producing municipalities and other municipalities with high levels of illicit activities: Provided further, That funds made available pursuant to the preceding proviso shall be prioritized in such municipalities that are also targeted for assistance programs that provide viable economic alternatives and improve access to public services. (2) Withholding of funds (A) Counternarcotics Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement that are made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that— (i) the Government of Colombia is implementing an effective whole-of-government strategy to substantially and sustainably reduce coca cultivation and cocaine production levels in Colombia, including by prioritizing funding to enhance rural security in coca producing municipalities and assisting farmers with voluntary eradication and viable economic alternatives to coca cultivation in such municipalities; (ii) such strategy is in accordance with the 2016 peace accord between the Government of Colombia and the Revolutionary Armed Forces of Colombia; and (iii) the Government of Colombia is taking effective steps to dismantle drug trafficking networks. (B) Human rights (i) Of the funds appropriated by this Act under the heading Foreign Military Financing Program and made available for assistance for Colombia, 20 percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that— (I) the Special Jurisdiction for Peace and other judicial authorities, as appropriate, are sentencing perpetrators of gross violations of human rights, including those with command responsibility, to deprivation of liberty; (II) the Government of Colombia is making consistent progress in reducing threats and attacks against human rights defenders and other civil society activists, and judicial authorities are prosecuting and punishing those responsible for ordering and carrying out such attacks; (III) the Government of Colombia is making consistent progress in protecting Afro-Colombian and Indigenous communities and is respecting their rights and territories; (IV) senior military officers credibly alleged, or whose units are credibly alleged, to be responsible for ordering, committing, and covering up cases of false positives and other extrajudicial killings, or of committing other gross violations of human rights, or of conducting illegal communications intercepts or other illicit surveillance, are being held accountable, including removal from active duty if found guilty through criminal, administrative, or disciplinary proceedings; and (V) the Colombian Armed Forces are cooperating fully with the requirements described in subclauses (I) through (IV). (ii) Of the funds appropriated by this Act under the heading International Narcotics Control and Law Enforcement and made available for assistance for the Colombian National Police (CNP), five percent may be obligated only if the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Colombia is bringing to justice the police personnel who ordered, directed, and used excessive force and engaged in other illegal acts against protesters in 2020 and 2021, and that the CNP is cooperating fully with such efforts. (3) Exceptions The limitations of paragraph (2) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs. (4) Authority Aircraft supported by funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs and made available for assistance for Colombia may be used to transport personnel and supplies involved in drug eradication and interdiction, including security for such activities, and to provide transport in support of alternative development programs and investigations by civilian judicial authorities. (5) Limitation None of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs that are made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed groups. (c) Haiti (1) Certification Funds appropriated by this Act that are made available for assistance for Haiti may only be made available for the central Government of Haiti if the Secretary of State certifies and reports to the appropriate congressional committees that a new President and Parliament have taken office after free and fair elections, or the country is being led by a transitional governing authority that is broadly representative of Haitian society, and it is in the national interest of the United States to provide such assistance. (2) Exceptions Notwithstanding paragraph (1), funds may be made available to support— (A) free and fair elections; (B) anti-gang police and administration of justice programs, including to reduce pre-trial detention and eliminate inhumane prison conditions; (C) public health, food security, subsistence farmers, water and sanitation, education, and other programs to meet basic human needs; and (D) disaster relief and recovery. (3) Notification Funds appropriated by this Act that are made available for assistance for Haiti shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (4) Prohibition None of the funds appropriated or otherwise made available by this Act may be used for assistance for the armed forces of Haiti. (5) Haitian coast guard The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for the Coast Guard. (d) Nicaragua Of the funds appropriated by this Act under the heading Development Assistance , not less than $15,000,000 shall be made available for democracy programs for Nicaragua, including to support civil society. (e) Venezuela (1) Of the funds appropriated by this Act under the heading Economic Support Fund , not less than $40,000,000 shall be made available for democracy programs for Venezuela. (2) Funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title III shall be made available for assistance for communities in countries supporting or otherwise impacted by refugees from Venezuela, including Colombia, Peru, Ecuador, Curacao, and Trinidad and Tobago: Provided, That such amounts are in addition to funds otherwise made available for assistance for such countries, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. EUROPE AND EURASIA 7046. (a) Assistance (1) Georgia Of the funds appropriated by this Act under titles III and IV, not less than $132,025,000 shall be made available for assistance for Georgia. (2) Ukraine Funds appropriated by this Act under titles III and IV shall be made available for assistance for Ukraine. (b) Territorial integrity None of the funds appropriated by this Act may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7047(a) of this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States: Provided further, That prior to executing the authority contained in the previous proviso, the Secretary of State shall consult with the Committees on Appropriations on how such assistance supports the national security interest of the United States. (c) Section 907 of the freedom support act Section 907 of the FREEDOM Support Act ( 22 U.S.C. 5812 note) shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act ( 22 U.S.C. 5851 et seq. ) and section 1424 of the Defense Against Weapons of Mass Destruction Act of 1996 ( 50 U.S.C. 2333 ) or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961; (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the United States International Development Finance Corporation as authorized by the BUILD Act of 2018 (division F of Public Law 115–254 ); (5) any financing provided under the Export-Import Bank Act of 1945 ( Public Law 79–173 ); or (6) humanitarian assistance. (d) Turkey None of the funds made available by this Act may be used to facilitate or support the sale of defense articles or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq. ) unless the Secretary of State determines and reports to the appropriate congressional committees that members of the TPPD who are named in the July 17, 2017, indictment by the Superior Court of the District of Columbia, and against whom there are pending charges, have returned to the United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice: Provided, That the limitation in this paragraph shall not apply to the use of funds made available by this Act for border security purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and facilities in Turkey. COUNTERING RUSSIAN INFLUENCE AND AGGRESSION 7047. (a) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central Government of the Russian Federation. (b) Annexation of territory (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has taken affirmative steps intended to support or be supportive of the Russian Federation annexation of Crimea or other territory in Ukraine: Provided, That except as otherwise provided in subsection (a), the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to such Committees that to do so is in the national interest of the United States, and includes a justification for such interest. (2) Limitation None of the funds appropriated by this Act may be made available for— (A) the implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine; (B) the facilitation, financing, or guarantee of United States Government investments in Crimea or other territory in Ukraine under the control of Russia or Russian-backed separatists, if such activity includes the participation of Russian Government officials, or other Russian owned or controlled financial entities; or (C) assistance for Crimea or other territory in Ukraine under the control of Russia or Russian-backed separatists, if such assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty or territorial integrity of Ukraine. (4) Duration The requirements and limitations of this subsection shall cease to be in effect if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists. (c) Occupation of the georgian territories of abkhazia and tskhinvali region/South ossetia (1) Prohibition None of the funds appropriated by this Act may be made available for assistance for the central government of a country that the Secretary of State determines and reports to the Committees on Appropriations has recognized the independence of, or has established diplomatic relations with, the Russian Federation occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia: Provided, That the Secretary shall publish on the Department of State website a list of any such central governments in a timely manner: Provided further, That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States, and includes a justification for such interest. (2) Limitation None of the funds appropriated by this Act may be made available to support the Russian Federation occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia. (3) International financial institutions The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance by such institution (including any loan, credit, grant, or guarantee) for any program that violates the sovereignty and territorial integrity of Georgia. (d) Countering russian influence fund (1) Assistance Of the funds appropriated by this Act under the headings Assistance for Europe, Eurasia and Central Asia , International Narcotics Control and Law Enforcement , International Military Education and Training , and Foreign Military Financing Program , not less than $295,000,000 shall be made available to carry out the purposes of the Countering Russian Influence Fund, as authorized by section 254 of the Countering Russian Influence in Europe and Eurasia Act of 2017 ( Public Law 115–44 ; 22 U.S.C. 9543 ) and notwithstanding the country limitation in subsection (b) of such section, and programs to enhance the capacity of law enforcement and security forces in countries in Europe, Eurasia, and Central Asia and strengthen security cooperation between such countries and the United States and the North Atlantic Treaty Organization, as appropriate: Provided, That funds made available pursuant to this paragraph under the heading Foreign Military Financing Program may remain available until September 30, 2024. (2) Economics and trade Funds appropriated by this Act and made available for assistance for the Eastern Partnership countries shall be made available to advance the implementation of Association Agreements and trade agreements with the European Union, and to reduce their vulnerability to external economic and political pressure from the Russian Federation. (e) Democracy programs Funds appropriated by this Act shall be made available to support democracy programs in the Russian Federation and other countries in Europe, Eurasia, and Central Asia, including to promote Internet freedom: Provided, That of the funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , not less than $20,000,000 shall be made available to strengthen democracy and civil society in Central Europe, including for transparency, independent media, rule of law, minority rights, and programs to combat anti-Semitism. UNITED NATIONS 7048. (a) Transparency and accountability Not later than 120 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations whether each organization, department, or agency receiving a contribution from funds appropriated by this Act under the headings Contributions to International Organizations and International Organizations and Programs — (1) is posting on a publicly available website, consistent with privacy regulations and due process, regular financial and programmatic audits of such organization, department, or agency, and providing the United States Government with necessary access to such financial and performance audits; (2) has submitted a report to the Department of State, which shall be posted on the Department’s website in a timely manner, demonstrating that such organization is effectively implementing and enforcing policies and procedures which meet or exceed best practices in the United States for the protection of whistleblowers from retaliation, including— (A) protection against retaliation for internal and lawful public disclosures; (B) legal burdens of proof; (C) statutes of limitation for reporting retaliation; (D) access to binding independent adjudicative bodies, including shared cost and selection of external arbitration; and (E) results that eliminate the effects of proven retaliation, including provision for the restoration of prior employment; and (3) effectively implementing and enforcing policies and procedures on the appropriate use of travel funds, including restrictions on first-class and business-class travel. (b) Restrictions on united nations delegations and organizations (1) Restrictions on united states delegations None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ), supports international terrorism. (2) Restrictions on contributions None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, commission, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 1754(c) of the Export Reform Control Act of 2018 ( 50 U.S.C. 4813(c) ), or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (3) Waiver The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national interest of the United States, including a description of the national interest served. (c) United nations human rights council Funds appropriated by this Act may be made available to support the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council does not serve the national interest of the United States, and that such Council is not taking significant steps to remove Israel as a permanent agenda item and ensure integrity in the election of members to such Council, including a justification for such determination: Provided, That the Secretary of State shall report to the Committees on Appropriations not later than September 30, 2023, on the resolutions considered in the United Nations Human Rights Council during the previous 12 months, and on steps taken to remove Israel as a permanent agenda item and ensure integrity in the election of members to such council. (d) United nations relief and works agency Funds appropriated by this Act should be made available for the United Nations Relief and Works Agency (UNRWA) unless the Secretary of State determines and reports to the Committees on Appropriations that UNRWA is not— (1) utilizing Operations Support Officers in the West Bank, Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) implementing procedures to maintain the neutrality of its facilities, including implementing a no-weapons policy, and conducting regular inspections of its installations, to ensure they are only used for humanitarian or other appropriate purposes; (4) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (5) taking steps to ensure the content of all educational materials currently taught in UNRWA-administered schools and summer camps is consistent with the values of human rights, dignity, and tolerance and does not induce incitement; (6) refraining from engaging in operations with financial institutions or related entities in violation of relevant United States law, and is taking steps to improve the financial transparency of the organization; and (7) in compliance with the United Nations Board of Auditors' biennial audit requirements and is implementing in a timely fashion the Board's recommendations. (e) Prohibition of payments to united nations members None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. (f) Report Not later than 45 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2023 for contributions to any organization, department, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary shall update such report each time additional funds are withheld by operation of any provision of law: Provided further, That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (g) Sexual exploitation and abuse in peacekeeping operations The Secretary of State shall withhold assistance to any unit of the security forces of a foreign country if the Secretary has credible information that such unit has engaged in sexual exploitation or abuse, including while serving in a United Nations peacekeeping operation, until the Secretary determines that the government of such country is taking effective steps to hold the responsible members of such unit accountable and to prevent future incidents: Provided, That the Secretary shall promptly notify the government of each country subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made: Provided further, That the Secretary shall, to the maximum extent practicable, assist such government in bringing the responsible members of such unit to justice. (h) Additional availability Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated by this Act which are returned or not made available due to the second proviso under the heading Contributions for International Peacekeeping Activities in title I of this Act or section 307(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2227(a) ), shall remain available for obligation until September 30, 2024: Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated by this Act. (i) Operations of the united states mission to the united nations Section 9(2) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287e–1(2) ) is amended by striking 30 and inserting 41 . WAR CRIMES TRIBUNAL 7049. Section 705 of the Foreign Relations Authorization Act, Fiscal Year 2000 and 2001 ( 22 U.S.C. 7401 ) is amended by striking subsection (c) and inserting the following: (c) Exemption The prohibition under subsection (b) or under any other provision of law shall not apply with regard to support, including funding, information, or in-kind support, to the International Criminal Court to assist with investigations into and prosecutions related to the Situation in Ukraine or circumstances in which the Secretary of State determines that it is in the national security interest of the United States to provide such support to assist with investigations and prosecutions of genocide, war crimes, or crimes against humanity: Provided, That none of the funds made available pursuant to this subsection may be made available for the purpose of supporting investigations, apprehensions, or prosecutions of American service members and other United States citizens or nationals, consistent with the purpose of the American Servicemembers’ Protection Act of 2002 ( 22 U.S.C. 7421 et seq. ), or for the purpose of supporting investigations, apprehensions, or prosecutions of nationals of the North Atlantic Treaty Organization (NATO) or major non-NATO allies initially designated pursuant to section 517(b) of the Foreign Assistance Act of 1961. (d) Notification The Secretary of State shall notify the appropriate congressional committees of any amounts provided pursuant to subsection (c) not later than 15 days before such payment is made. (e) Reporting Not later than 90 days after the date of the enactment of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023, and every 90 days thereafter until September 30, 2025, the Secretary of State shall submit a report to the appropriate congressional committees that describes the use of funds made available pursuant to subsection (c). (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) International criminal court The term International Criminal Court means the court established by the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998. . GLOBAL INTERNET FREEDOM 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 $87,500,000 shall be made available for programs to promote Internet freedom globally: Provided, That such programs shall be prioritized for countries whose governments restrict freedom of expression on the Internet, and that are important to the national interest of the United States: Provided further, That funds made available pursuant to this section shall be matched, to the maximum extent practicable, by sources other than the United States Government, including from the private sector. (b) Requirements (1) Department of state and united states agency for international development Funds appropriated by this Act under the headings Economic Support Fund , Democracy Fund , and Assistance for Europe, Eurasia and Central Asia that are made available pursuant to subsection (a) shall be— (A) coordinated with other democracy programs funded by this Act under such headings, and shall be incorporated into country assistance and democracy promotion strategies, as appropriate; (B) for programs to implement the May 2011, International Strategy for Cyberspace, the Department of State International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of Public Law 114–113 ), and the comprehensive strategy to promote Internet freedom and access to information in Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8754 ); (C) made available for programs that support the efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international organizations; to combat violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; (D) made available for research of key threats to Internet freedom; the continued development of technologies that provide or enhance access to the Internet, including circumvention tools that bypass Internet blocking, filtering, and other censorship techniques used by authoritarian governments; and maintenance of the technological advantage of the United States Government over such censorship techniques: Provided, That the Secretary of State, in consultation with the United States Agency for Global Media Chief Executive Officer (USAGM CEO) and the President of the Open Technology Fund (OTF), shall coordinate any such research and development programs with other relevant United States Government departments and agencies in order to share information, technologies, and best practices, and to assess the effectiveness of such technologies; and (E) made available only with the concurrence of the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, that such funds are allocated consistent with— (i) the strategies referenced in subparagraph (B) of this paragraph; (ii) best practices regarding security for, and oversight of, Internet freedom programs; and (iii) sufficient resources and support for the development and maintenance of anti-censorship technology and tools. (2) United states agency for global media Funds appropriated by this Act under the heading International Broadcasting Operations that are made available pursuant to subsection (a) shall be— (A) made available only for open-source tools and techniques to securely develop and distribute USAGM digital content, facilitate audience access to such content on websites that are censored, coordinate the distribution of USAGM digital content to targeted regional audiences, and to promote and distribute such tools and techniques, including digital security techniques; (B) coordinated by the USAGM CEO, in consultation with the OTF President, with programs funded by this Act under the heading International Broadcasting Operations , and shall be incorporated into country broadcasting strategies, as appropriate; (C) coordinated by the USAGM CEO, in consultation with the OTF President, to solicit project proposals through an open, transparent, and competitive process, seek input from technical and subject matter experts to select proposals, and support Internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF and in a manner consistent with the United States Government Internet freedom strategy; and (D) made available for the research and development of new tools or techniques authorized in subparagraph (A) only after the USAGM CEO, in consultation with the Secretary of State, the OTF President, and other relevant United States Government departments and agencies, evaluates the risks and benefits of such new tools or techniques, and establishes safeguards to minimize the use of such new tools or techniques for illicit purposes. (c) Coordination and spend plans After consultation among the relevant agency heads to coordinate and de-conflict planned activities, but not later than 90 days after the date of enactment of this Act, the Secretary of State and the USAGM CEO, in consultation with the OTF President, shall submit to the Committees on Appropriations spend plans for funds made available by this Act for programs to promote Internet freedom globally, which shall include a description of safeguards established by relevant agencies to ensure that such programs are not used for illicit purposes: Provided, That the Department of State spend plan shall include funding for all such programs for all relevant Department of State and United States Agency for International Development offices and bureaus. (d) Security audits Funds made available pursuant to this section to promote Internet freedom globally may only be made available to support open-source technologies that undergo comprehensive security audits consistent with the requirements of the Bureau of Democracy, Human Rights, and Labor, Department of State to ensure that such technology is secure and has not been compromised in a manner detrimental to the interest of the United States or to individuals and organizations benefiting from programs supported by such funds: Provided, That the security auditing procedures used by such Bureau shall be reviewed and updated periodically to reflect current industry security standards. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT 7051. (a) Prohibition None of the funds made available by this Act may be used to support or justify the use of torture and other cruel, inhuman, or degrading treatment or punishment by any official or contract employee of the United States Government. (b) Assistance Funds appropriated under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and following consultation with the Committees on Appropriations, for assistance to eliminate torture and other cruel, inhuman, or degrading treatment or punishment by foreign police, military, or other security forces in countries receiving assistance from funds appropriated by this Act. AIRCRAFT TRANSFER, COORDINATION, AND USE 7052. (a) Transfer authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic Programs , International Narcotics Control and Law Enforcement , Andean Counterdrug Initiative , and Andean Counterdrug Programs may be used for any other program and in any region. (b) Property disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Aircraft coordination (1) Authority The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis: Provided further, That funds received by the Department of State in connection with the use of aircraft owned, leased, or chartered by the Department of State may be credited to the Working Capital Fund of the Department and shall be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft. (2) Scope The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. (d) Aircraft operations and maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act shall be borne by the recipient country. PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS 7053. The terms and conditions of section 7055 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall apply to this Act: Provided, That the date September 30, 2009 in subsection (f)(2)(B) of such section shall be deemed to be September 30, 2022 . INTERNATIONAL MONETARY FUND 7054. (a) Extensions The terms and conditions of sections 7086(b)(1) and (2) and 7090(a) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) shall apply to this Act. (b) Repayment The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private or multilateral creditors. FOOD SECURITY AND AGRICULTURAL DEVELOPMENT 7055. (a) In general Of the funds appropriated by title III of this Act, not less than $1,010,600,000 shall be made available for food security and agricultural development programs to carry out the purposes of the Global Food Security Act of 2016 ( Public Law 114–195 ): Provided, That funds may be made available for a contribution as authorized by section 3202 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ), as amended by section 3310 of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ). (b) World food programme Funds managed by the Bureau for Humanitarian Assistance, United States Agency for International Development, from this or any other Act, may be made available as a general contribution to the World Food Programme, notwithstanding any other provision of law. (c) Global food security partnership fund (1) Negotiations for establishment The Secretary of State, in consultation 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 bilateral, multilateral, philanthropic, and private sector entities, including the United Nations Rome-based agencies and the World Bank, and with countries impacted by food insecurity, for the establishment of the Global Food Security Partnership Fund. (2) Purposes The purposes of such Global Food Security Partnership Fund shall be to— (A) increase funding from all sources to respond to acute food insecurity and build resilience globally; (B) improve international coordination; and (C) transition from short-term emergency investments toward comprehensive, compact-based agreements that support country-led strategies to sustainably address food insecurity. (3) Consultation Not later than 90 days after the date of enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall consult with the Committees on Appropriations on plans for the establishment of the Global Food Security Partnership Fund, including identifying which office at the Department of State will be responsible for negotiating and participating in such Fund; key donors and countries to be targeted for negotiations; expected timelines for such negotiations; and any anticipated challenges to the establishment of such Fund: Provided, That not later than 180 days after the date of enactment of this Act, the Secretary of State shall consult with such committees on the status of such negotiations, including the details enumerated under this heading in the explanatory statement accompanying this Act. (d) Market-Based social enterprises (1) Assistance Of the funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under title III, not less than $5,000,000 shall be made available to provide sustainable, market-based assistance for smallholder farmers through locally-based social enterprises. (2) Criteria Funds made available pursuant to paragraph (1) shall be made available to support organizations that— (A) generate diverse, hybrid financing; (B) are significantly funded through earned revenue; (C) directly serve the world’s poorest farmers and focus primarily on food security; and (D) demonstrate social impact through clear, rigorously measured, impact data, including measuring attributable crop yield increases. (3) Consultation Not later than 90 days after the date of enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on implementation of this subsection. ENTERPRISE FUNDS 7056. (a) Notification None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. (b) Distribution of assets plan Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the appropriate congressional committees a plan for the distribution of the assets of the Enterprise Fund. (c) Transition or operating plan Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the appropriate congressional committees. UNITED NATIONS POPULATION FUND 7057. (a) Contribution Of the funds made available under the heading International Organizations and Programs in this Act for fiscal year 2023, $60,000,000 shall be made available for the United Nations Population Fund (UNFPA). (b) Availability of funds Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the Global Health Programs account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (c) Prohibition on use of funds in china None of the funds made available by this Act may be used by UNFPA for a country program in the People’s Republic of China. (d) Conditions on availability of funds Funds made available by this Act for UNFPA may not be made available unless— (1) UNFPA maintains funds made available by this Act in an account separate from other accounts of UNFPA and does not commingle such funds with other sums; and (2) UNFPA does not fund abortions. GLOBAL HEALTH ACTIVITIES 7058. (a) In general Funds appropriated under titles III and IV of this Act that are made available for bilateral assistance for global health programs including activities relating to research on, and the prevention, treatment, and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq. ), as amended: Provided, That of the funds appropriated under the heading Global Health Programs in this Act, not less than $650,000,000 shall be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species. (b) Pandemics and other infectious disease outbreaks (1) Global health security Funds appropriated by this Act under the heading Global Health Programs shall be made available for global health security programs to accelerate the capacity of countries to prevent, detect, and respond to infectious disease outbreaks, including by strengthening public health capacity where there is a high risk of emerging zoonotic infectious diseases: Provided, That not later than 60 days after the date of enactment of this Act, the USAID Administrator and the Secretary of State, as appropriate, shall consult with the Committees on Appropriations on the planned uses of such funds. (2) Financial intermediary fund Funds appropriated by this Act under the heading Global Health Programs may be made available for contributions to a financial intermediary fund for pandemic preparedness and global heath security. (3) Extraordinary measures If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in the national interest to respond to a Public Health Emergency of International Concern, not to exceed an aggregate total of $200,000,000 of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , International Disaster Assistance , Complex Crises Fund , Economic Support Fund , Democracy Fund , Assistance for Europe, Eurasia and Central Asia , Migration and Refugee Assistance , and Millennium Challenge Corporation may be made available to combat such infectious disease or public health emergency, and may be transferred to, and merged with, funds appropriated under such headings for the purposes of this paragraph. (4) Emergency reserve fund Up to $90,000,000 of the funds made available under the heading Global Health Programs may be made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ): Provided, That such funds shall be made available under the same terms and conditions of such section. (5) Consultation and notification Funds made available by this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Limitation Notwithstanding any other provision of law, none of the funds made available by this Act may be made available to the Wuhan Institute of Virology located in the City of Wuhan in the People’s Republic of China. GENDER EQUALITY AND WOMEN’S EMPOWERMENT 7059. (a) In general (1) Gender equality Funds appropriated by this Act shall be made available to promote gender equality in United States Government diplomatic and development efforts by raising the status, increasing the economic participation and opportunities for political leadership, and protecting the rights of women and girls worldwide. (2) Women’s economic empowerment Funds appropriated by this Act are available to implement the Women’s Entrepreneurship and Economic Empowerment Act of 2018 ( Public Law 115–428 ): Provided, That the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on the implementation of such Act. (3) Gender equity and equality action fund Of the funds appropriated under title III of this Act, up to $200,000,000 may be made available for the Gender Equity and Equality Action Fund. (b) Madeleine K. albright women’s leadership program Of the funds appropriated under title III of this Act, not less than $50,000,000 shall be made available for programs specifically designed to increase leadership opportunities for women in countries where women and girls suffer discrimination due to law, policy, or practice, by strengthening protections for women’s political status, expanding women’s participation in political parties and elections, and increasing women’s opportunities for leadership positions in the public and private sectors at the local, provincial, and national levels: Provided, That such programs shall hereafter be collectively named the Madeleine K. Albright Women’s Leadership Program . (c) Gender-Based violence (1) Of the funds appropriated under titles III and IV of this Act, not less than $175,000,000 shall be made available to implement a multi-year strategy to prevent and respond to gender-based violence in countries where it is common in conflict and non-conflict settings. (2) Funds appropriated under titles III and IV of this Act that are available to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons, and shall promote the integration of women into the police and other security forces. (d) Women, peace, and security Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $135,000,000 should be made available to support a multi-year strategy to expand, and improve coordination of, United States Government efforts to empower women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure the equitable provision of relief and recovery assistance to women and girls. SECTOR ALLOCATIONS 7060. (a) Basic education and higher education (1) Basic education (A) Of the funds appropriated under title III of this Act, not less than $693,448,000 shall be made available for the Nita M. Lowey Basic Education Fund, and such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries: Provided, That such funds shall also be used for secondary education activities: Provided further, That section 7(a) of Public Law 115–56 shall be implemented by substituting the thirtieth day of June following for 180 days after . (B) Of the funds appropriated under title III of this Act for assistance for basic education programs, not less than $175,000,000 shall be made available for contributions to multilateral partnerships that support education. (2) Higher education Of the funds appropriated by title III of this Act, not less than $250,000,000 shall be made available for assistance for higher education: Provided, That such funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of such amount, not less than $35,000,000 shall be made available for new and ongoing partnerships between higher education institutions in the United States and developing countries focused on building the capacity of higher education institutions and systems in developing countries: Provided further, That not later than 45 days after the date of enactment of this Act, the USAID Administrator shall consult with the Committees on Appropriations on the proposed uses of funds for such partnerships. (3) Higher education in countries impacted by economic crises Of the funds appropriated by this Act under the heading Economic Support Fund , and in addition to amounts made available pursuant to paragraph (2), not less than $35,000,000 shall be made available, notwithstanding any other provision of law that restricts assistance to foreign countries, and following consultation with the Committees on Appropriations, for the following institutions that are recipients of United States assistance and located in countries impacted by economic crises— (A) United States-accredited institutions of higher education in the Middle East; and (B) not-for-profit, coeducational American institutions of higher education in the Middle East and Asia. (4) 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, including for scholars from Afghanistan, Burma, Ethiopia, the Russian Federation, Ukraine, and Yemen: Provided, That the Secretary of State and Administrator of the United States Agency for International Development, as appropriate, shall consult with the Committees on Appropriations on such programs not later than 90 days after the date of enactment of this Act. (b) Development programs Of the funds appropriated by this Act under the heading Development Assistance , not less than $20,000,000 shall be made available for USAID cooperative development programs and not less than $31,500,000 shall be made available for the American Schools and Hospitals Abroad program. (c) Micro, small, and medium-Sized enterprises Of the funds appropriated by this Act, not less than $265,000,000 shall be made available to support the development of, and access to financing for, micro, small, and medium-sized enterprises that benefit the poor, especially women. (d) Programs to combat trafficking in persons Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , Assistance for Europe, Eurasia and Central Asia , and International Narcotics Control and Law Enforcement , not less than $126,400,000 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 $97,000,000 shall be from funds made available under the heading International Narcotics Control and Law Enforcement : Provided, That funds made available by this Act under the headings Development Assistance , Economic Support Fund , and Assistance for Europe, Eurasia and Central Asia that are made available for activities to combat trafficking in persons should be obligated and programmed consistent with the country-specific recommendations included in the annual Trafficking in Persons Report, and shall be coordinated with the Office to Monitor and Combat Trafficking in Persons, Department of State. (e) Reconciliation programs Of the funds appropriated by this Act under the heading Development Assistance , not less than $25,000,000 shall be made available to support people-to-people reconciliation programs which bring together individuals of different ethnic, racial, religious, and political backgrounds from areas of civil strife and war: Provided, That the USAID Administrator shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the uses of such funds, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That to the maximum extent practicable, such funds shall be matched by sources other than the United States Government: Provided further, That such funds shall be administered by the Center for Conflict and Violence Prevention, USAID. (f) Water and sanitation Of the funds appropriated by this Act, not less than $475,000,000 shall be made available for water supply and sanitation projects pursuant to section 136 of the Foreign Assistance Act of 1961, of which not less than $237,000,000 shall be for programs in sub-Saharan Africa, and of which not less than $17,000,000 shall be made available to support initiatives by local communities in developing countries to build and maintain safe latrines. (g) Deviation (1) Authority 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 by up to 10 percent below the minimum funding requirements designated in sections 7055, 7059, 7060, and 7061 of this Act and similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs, notwithstanding such designations. (2) Oversight Not later than 120 days after the date of enactment of this Act, and every 120 days thereafter until September 30, 2024, the Secretary of State shall submit a report to the Committees on Appropriations on the use, and planned use, of the authority provided in this subsection: Provided, That any deviations made pursuant to this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. ENVIRONMENT PROGRAMS 7061. (a) In general Of the funds appropriated under title III of this Act, not less than $1,895,000,000 shall be made available for environment programs. (b) Authority 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, to support environment programs. (c) Biodiversity conservation (1) Funding Of the funds appropriated under title III of this Act, not less than $450,000,000 shall be made available for biodiversity conservation programs. (2) Public-private partnerships Funds appropriated by this Act shall be made available to support a new public-private partnership for conservation to promote the establishment and long-term management of protected areas in developing countries: Provided, That such funds may remain available until September 30, 2025. (d) Wildlife poaching and trafficking (1) Funding Not less than $130,000,000 of the funds appropriated under titles III and IV of this Act shall be made available to combat the transnational threat of wildlife poaching and trafficking. (2) Limitation None of the funds appropriated under title IV of this Act may be made available for training or other assistance for any military unit or personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking, unless the Secretary reports to the appropriate congressional committees that to do so is in the national security interest of the United States. (e) Tropical forests Funds appropriated by this Act for biodiversity programs shall not be used to support the expansion of industrial scale logging, agriculture, livestock production, mining, or any other industrial scale extractive activity into areas that were primary/intact tropical forests as of December 30, 2013, and the Secretary of the Treasury shall instruct the United States executive directors of each international financial institution (IFI) to use the voice and vote of the United States to oppose any financing of any such activity. (f) Large dams 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. (g) Sustainable landscapes Of the funds appropriated under title III of this Act, not less than $300,000,000 shall be made available for sustainable landscapes programs. (h) Adaptation programs Of the funds appropriated under title III of this Act, not less than $550,000,000 shall be made available for adaptation programs, including in support of the implementation of the Indo-Pacific Strategy. (i) Clean energy programs Of the funds appropriated under title III of this Act, not less than $425,000,000 shall be made available for clean energy programs, including in support of carrying out the purposes of the Electrify Africa Act ( Public Law 114–121 ) and implementing the Power Africa initiative. (j) Multilateral funds Of the funds appropriated by this Act under title III, not less than $100,000,000 may be made available for United States contributions to the Adaptation Fund and the Least Developed Countries Fund. (k) Ocean plastics Of the funds appropriated under title III of this Act, not less than $60,000,000 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. (l) Toxic chemicals Of the funds appropriated under title III of this Act, not less than $10,000,000 shall be made available to support programs to measurably reduce public exposure to toxic chemicals, including exposure to lead associated with unsafe disposal or recycling of lead batteries, cookware, or other sources of lead exposure. (m) Civil society programs Of the funds appropriated under title III of this Act, not less than $20,000,000 shall be made available to support civil society advocacy organizations in developing countries that are working to prevent toxic pollutants and other harm to the environment, and to support such organizations that are working to prevent the poaching and trafficking of endangered species, as described under this section in the explanatory statement accompanying this Act. (n) National parks and protected areas The Secretary of State and USAID Administrator shall implement the directive regarding law enforcement in national parks and protected areas as described under this heading in the explanatory statement accompanying this Act. BUDGET DOCUMENTS 7062. (a) Operating plans Not later than 45 days after the date of enactment of this Act, each department, agency, or organization funded in titles I, II, and VI of this Act, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the United States African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2023, that provides details of the uses of such funds at the program, project, and activity level: Provided, That such plans shall include, as applicable, a comparison between the congressional budget justification funding levels, the most recent congressional directives or approved funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: Provided further, That operating plans that include changes in levels of funding for programs, projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the respective tables included in the explanatory statement accompanying this Act, as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act. (b) Spend plans (1) Prior to the initial obligation of funds, the Secretary of State or Administrator of the United States Agency for International Development, as appropriate, shall submit to the Committees on Appropriations spend plans as described under this heading in the explanatory statement accompanying this Act. (2) Not later than 90 days after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations a detailed spend plan for funds made available by this Act under the heading Department of the Treasury, International Affairs Technical Assistance in title III. (3) Notwithstanding paragraph (1), up to 10 percent of the funds contained in a spend plan required by this subsection may be obligated prior to the submission of such spend plan if the Secretary of State, the USAID Administrator, or the Secretary of the Treasury, as applicable, determines that the obligation of such funds is necessary to avoid significant programmatic disruption: Provided, That not less than seven days prior to such obligation, the Secretary or Administrator, as appropriate, shall consult with the Committees on Appropriations on the justification for such obligation and the proposed uses of such funds. (c) Clarification The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements in this Act or under section 634A of the Foreign Assistance Act of 1961. REORGANIZATION 7063. (a) Prior consultation and notification Funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees: Provided, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That any such notification submitted to such Committees shall include a detailed justification for any proposed action: Provided further, That congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be deemed to meet the notification requirements of this section. (b) Description of activities Pursuant to subsection (a), a reorganization, redesign, or other plan shall include any action to— (1) expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, including bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices; (2) expand, eliminate, consolidate, or downsize the United States official presence overseas, including at bilateral, regional, and multilateral diplomatic facilities and other platforms; or (3) expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family member, and locally employed staff workforce of the Department of State and USAID from the staffing levels previously justified to the Committees on Appropriations for fiscal year 2023. DEPARTMENT OF STATE MANAGEMENT 7064. (a) Working capital fund Funds appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund that are made available for new service centers, shall be subject to the regular notification procedures of the Committees on Appropriations. (b) Certification (1) Compliance Not later than 45 days after the initial obligation of funds appropriated under titles III and IV of this Act that are made available to a Department of State bureau or office with responsibility for the management and oversight of such funds, the Secretary of State shall certify and report to the Committees on Appropriations, on an individual bureau or office basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies, procedures, and regulations, as applicable. (2) Considerations When making a certification required by paragraph (1), the Secretary of State shall consider the capacity of a bureau or office to— (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation and monitoring plans; (C) establish performance measures and indicators; (D) review activities and performance; and (E) assess final results and reconcile finances. (3) Plan If the Secretary of State is unable to make a certification required by paragraph (1), the Secretary shall submit a plan and timeline detailing the steps to be taken to bring such bureau or office into compliance. (c) Internships The Department of State may offer compensated internships, and select, appoint, employ for not more than 52 weeks under an excepted service, and remove any such compensated intern without regard to the provisions of law governing appointments in the excepted service: Provided, That the Secretary of State shall consult with the Director of the Office of Personnel Management on implementation of this authority, including on the number of individuals to be hired. (d) Information technology platform None of the funds appropriated in title I of this Act under the heading Administration of Foreign Affairs may be made available for a new major information technology investment without the concurrence of the Chief Information Officer, Department of State. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT 7065. (a) Authority Up to $170,000,000 of the funds made available in title III of this Act pursuant to or to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , may be used by the United States Agency for International Development to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949). (b) Restriction The authority to hire individuals contained in subsection (a) shall expire on September 30, 2024. (c) Program account charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which the responsibilities of such individual primarily relate: Provided, That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading Operating Expenses . (d) Foreign service limited extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 ), may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (e) Disaster surge capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading Assistance for Europe, Eurasia and Central Asia , may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations. (f) Personal services contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Food for Peace Act ( Public Law 83–480 ; 7 U.S.C. 1721 et seq. ), may be made available only for personal services contractors assigned to the Bureau for Humanitarian Assistance. (g) Small business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (h) Senior foreign service limited appointments Individuals hired pursuant to the authority provided by section 7059(o) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117 ) may be assigned to or support programs in Afghanistan or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. (i) Crisis operations staffing Up to $86,000,000 of the funds made available in title III of this Act pursuant to, or to carry out the provisions of, part I of the Foreign Assistance Act of 1961 and section 509(b) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ) may be made available for the United States Agency for International Development to appoint and employ personnel in the excepted service to prevent or respond to foreign crises and contexts with growing instability: Provided, That functions carried out by personnel hired under the authority of this subsection shall be related to the purpose for which the funds were appropriated: Provided further, That such funds are in addition to funds otherwise available for such purposes and may remain attributed to any minimum funding requirement for which they were originally made available: Provided further, That the USAID Administrator shall coordinate with the Director of the Office of Personnel Management and consult with the Committees on Appropriations on implementation of this provision. STABILIZATION AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM AND CONFLICT 7066. (a) Prevention and stabilization fund Of the funds appropriated by this Act under the heading Economic Support Fund , $75,000,000 shall be made available for the Prevention and Stabilization Fund for the purposes enumerated in section 509(a) of the Global Fragility Act of 2019 (title V of division J of Public Law 116–94 ), of which $25,000,000 may be made available for the Multi-Donor Global Fragility Fund authorized by section 510(c) of such Act: Provided, That such funds may be transferred to, and merged with, funds appropriated under the headings International Narcotics Control and Law Enforcement and Foreign Military Financing Program for such purposes: Provided further, That such transfer authority is in addition to any other transfer authority provided by this Act or any other Act, and is subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That such funds shall only be made available for such purposes in coastal West Africa, Mozambique, and Papua New Guinea: Provided further, That funds made available pursuant to this subsection that are transferred to funds appropriated under the heading Foreign Military Financing Program may remain available until September 30, 2024. (b) Transitional justice Of the funds appropriated by this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement , not less than $10,000,000 shall be made available for programs to promote accountability for genocide, crimes against humanity, and war crimes, which shall be in addition to any other funds made available by this Act for such purposes: Provided, That such programs shall include components to develop local investigative and judicial skills, and to collect and preserve evidence and maintain the chain of custody of evidence, including for use in prosecutions, and may include the establishment of, and assistance for, transitional justice mechanisms: Provided further, That such funds shall be administered by the Ambassador at Large for the Office of Global Criminal Justice, Department of State, and shall be subject to prior consultation with the Committees on Appropriations: Provided further, That funds made available by this paragraph shall be made available on an open and competitive basis. DEBT-FOR-DEVELOPMENT 7067. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization: Provided, That amounts made available in this Act under the heading Economic Support Fund may, as necessary, be used to cover the cost of interest earned from holdings of United States Treasury securities. EXTENSION OF CONSULAR FEES AND RELATED AUTHORITIES 7068. (a) Section 1(b)(1) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(1) ) shall be applied through fiscal year 2023 by substituting the costs of providing consular services for such costs . (b) Section 21009 of the Emergency Appropriations for Coronavirus Health Response and Agency Operations (division B of Public Law 116–136 ; 134 Stat. 592) shall be applied during fiscal year 2023 by substituting 2020 through 2023 for 2020, 2021, and 2022 . (c) Discretionary amounts made available to the Department of State under the heading Administration of Foreign Affairs of this Act, and discretionary unobligated balances under such heading from prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be transferred to the Consular and Border Security Programs account if the Secretary of State determines and reports to the Committees on Appropriations that to do so is necessary to sustain consular operations, following consultation with such Committees: Provided, That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law: Provided further, That no amounts may be transferred from amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (d) In addition to the uses permitted pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1356(v)(2)(A) ), for fiscal year 2023, the Secretary of State may also use fees deposited into the Fraud Prevention and Detection Account for the costs of providing consular services. (e) Of the amounts deposited in fiscal year 2023 pursuant to section 7069(e) of division K of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ), $25,000,000 shall be available until expended for the purposes of such account: Provided, That the Secretary of State may, by regulation, authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service. (f) Amounts provided pursuant to subsection (b) are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. RESCISSION (INCLUDING RESCISSION OF FUNDS) Peace corps 7069. Of the unobligated balances from amounts made available under the heading Peace Corps from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $30,000,000 are rescinded. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER POLLUTION 7070. (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Commission The term Commission means the United States section of the International Boundary and Water Commission. (3) Covered funds The term covered funds means amounts made available to the Administrator under the heading Environmental Protection Agency—State and Tribal Assistance Grants under title IX of the United States-Mexico Canada Agreement Implementation Act ( Public Law 116–113 ). (4) Treatment works The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 2 U.S.C. 1292 ). (b) Transfer of funds The Administrator is authorized to transfer covered funds, by entering into an interagency agreement or by awarding a grant, to the Commission, with concurrence of the Commissioner, to support the construction of treatment works, which will be owned and operated by the Commission. (c) Use of funds The Commission is authorized to use funds received under this section to plan, study, design, and construct treatment works and carry out any related activities, including construction management and payment for general and administrative overhead, that— (1) protect residents within the United States-Mexico border region from pollution resulting from— (A) transboundary flows of wastewater, stormwater or other international transboundary water flows originating in Mexico; and (B) any inadequacies or breakdowns of treatment works in Mexico; and (2) provide treatment of such flows in compliance with local, State, and Federal law. (d) Operation and maintenance The Commission shall operate and maintain new treatment works in accordance with future appropriations. (e) Consultation and coordination The Commission shall consult and coordinate with the Administrator in carrying out any project using funds received under this section. (f) Application of other requirements The requirements of sections 513 and 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1372 , 1388) shall apply to the construction of any treatment works in the United States for which the Commission receives funds under this section. (g) Savings provision Nothing in this section shall be construed to modify, amend, repeal or otherwise limit the authority of the International Boundary and Water Commission in accordance with the treaty relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and supplementary protocol, signed at Washington February 3, 1944 (59 Stat. 1219), between the United States and Mexico. (h) Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. WAIVER AUTHORITY 7071. The President may waive section 414 of Public Law 101–246 and section 410 of Public Law 103–236 with respect to the United Nations Educational, Scientific and Cultural Organization if the President determines and reports in writing to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the appropriate congressional committees that to do so would enable the United States to counter Chinese influence or to promote other national interests of the United States: Provided, That the authority of this section shall cease to have effect if, after enactment of this Act, the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians: Provided further, That the authority of this section shall sunset on September 30, 2025, unless extended in a subsequent Act of Congress. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS 7072. The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 104C the following: 104D. Eligibility for assistance Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance under sections 104, 104A, 104B, and 104C, a foreign nongovernmental organization— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organization with non-United States Government funds if such services— (A) do not violate the laws of the country in which they are being provided; and (B) would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part. . ORGANIZATION OF AMERICAN STATES 7073. (a) The Secretary of State shall instruct the United States Permanent Representative to the Organization of American States (OAS) to use the voice and vote of the United States to: (1) implement budgetary reforms and efficiencies within the Organization; (2) eliminate arrears, increase other donor contributions, and impose penalties for successive late payment of assessments; (3) prevent programmatic and organizational redundancies and consolidate duplicative activities and functions; (4) prioritize areas in which the OAS has expertise, such as strengthening democracy, monitoring electoral processes, and protecting human rights; and (5) implement reforms within the Office of the Inspector General (OIG) to ensure the OIG has the necessary leadership, integrity, professionalism, independence, policies, and procedures to properly carry out its responsibilities in a manner that meets or exceeds best practices in the United States. (b) Prior to the obligation of funds appropriated by this Act and made available for an assessed contribution to the Organization of American States, but not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on actions taken or planned to be taken pursuant to subsection (a) that are in addition to actions taken during the preceding fiscal year, and the results of such actions. MULTILATERAL DEVELOPMENT BANKS 7074. (a) International development association twentieth replenishment The International Development Association Act, Public Law 86–565 , as amended ( 22 U.S.C. 284 et seq. ), is further amended by adding at the end thereof the following new section: 32. Twentieth replenishment (a) In general The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,500,000,000 to the twentieth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. (b) Authorization of appropriations In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,500,000,000 for payment by the Secretary of the Treasury. . (b) Asian development fund twelfth replenishment The Asian Development Bank Act, Public Law 89–369 , as amended, ( 22 U.S.C. 285 et seq. ), is further amended by adding at the end thereof the following new section: 37. Twelfth replenishment (a) The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $177,440,000 to the twelfth replenishment of the resources of the Fund, subject to obtaining the necessary appropriations. (b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $177,440,000 for payment by the Secretary of the Treasury. . CONSULAR NOTIFICATION COMPLIANCE 7075. (a) Petition for review (1) Jurisdiction Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Standard To obtain relief, an individual described in paragraph (1) must make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (3) Limitations (A) Initial showing To qualify for review under this subsection, a petition must make an initial showing that— (i) a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, occurred with respect to the individual described in paragraph (1); and (ii) if such violation had not occurred, the consulate would have provided assistance to the individual. (B) Effect of prior adjudication A petition for review under this subsection shall not be granted if the claimed violation described in paragraph (1) has previously been adjudicated on the merits by a Federal or State court of competent jurisdiction in a proceeding in which no Federal or State procedural bars were raised with respect to such violation and in which the court provided review equivalent to the review provided in this subsection, unless the adjudication of the claim resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the prior Federal or State court proceeding. (C) Filing deadline A petition for review under this subsection shall be filed within 1 year of the later of— (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (D) Tolling The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (E) Time limit for review A Federal court shall give priority to a petition for review filed under this subsection over all noncapital matters. With respect to a petition for review filed under this subsection and claiming only a violation described in paragraph (1), a Federal court shall render a final determination and enter a final judgment not later than 1 year after the date on which the petition is filed. (4) Habeas petition A petition for review under this subsection shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 of title 28, United States Code, filed by an individual, except that if an individual filed a Federal habeas corpus application or motion for Federal collateral relief before the date of enactment of this Act or if such application is required to be filed before the date that is 1 year after the date of enactment of this Act, such petition for review under this subsection shall be filed not later than 1 year after the enactment date or within the period prescribed by paragraph (3)(C)(iii), whichever is later. No petition filed in conformity with the requirements of the preceding sentence shall be considered a second or successive habeas corpus application or subjected to any bars to relief based on preenactment proceedings other than as specified in paragraph (2). (5) Referral to magistrate A Federal court acting under this subsection may refer the petition for review to a Federal magistrate for proposed findings and recommendations pursuant to 28 U.S.C. 636(b)(1)(B) . (6) Appeal (A) In general A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district or circuit court judge shall issue or deny a certificate of appealability not later than 30 days after an application for a certificate of appealability is filed. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation described in paragraph (1). (b) Violation (1) In general An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation— (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court— (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction Nothing in this subsection shall be construed to create any additional remedy. (c) Definitions In this section the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d) Applicability The provisions of this section shall apply during the current fiscal year and each fiscal year thereafter. VIII EMERGENCY GLOBAL HEALTH SECURITY SUPPLEMENTAL APPROPRIATIONS BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president GLOBAL HEALTH PROGRAMS For an additional amount for Global Health Programs , $950,000,000, to remain available until expended, for programs to strengthen global health security and pandemic preparedness: Provided, That not less than $400,000,000 shall be apportioned directly to the United States Agency for International Development, of which $200,000,000 shall be made available to strengthen the global health workforce and related health systems capacities: Provided further, That up to $550,000,000 may be made available for a contribution to a financial intermediary fund for pandemic preparedness and global health security: Provided further, That $100,000,000 shall be made available for a contribution to the Coalition for Epidemic Preparedness Innovations: Provided further, That not less than $100,000,000 shall be made available for the Emergency Reserve Fund established pursuant to section 7058(c)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31 ), which shall be made available under the same terms and conditions of such section: Provided further, That funds made available in this title shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. GENERAL PROVISIONS—THIS TITLE 8001. Each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year 2023. 8002. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 8003. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for funds appropriated in fiscal year 2023. 8004. Each amount made available by this title is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. IX EMERGENCY CORONAVIRUS RESPONSE SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: DEPARTMENT OF STATE AND RELATED AGENCY DEPARTMENT OF STATE Administration of foreign affairs DIPLOMATIC PROGRAMS For an additional amount for Diplomatic Programs , $15,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT Funds appropriated to the president OPERATING EXPENSES For an additional amount for Operating Expenses , $35,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus. BILATERAL ECONOMIC ASSISTANCE Funds appropriated to the president GLOBAL HEALTH PROGRAMS For an additional amount for Global Health Programs , $4,875,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus: Provided, That funds may be made available as contributions, including to the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and to The GAVI Alliance: Provided further, That any contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria made pursuant to the preceding proviso shall be made available notwithstanding section 202(d)(4)(A)(i) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7622(d)(4)(A)(i) ), and such contribution shall not be considered a contribution for the purpose of applying such section 202(d)(4)(A)(i). Department of state MIGRATION AND REFUGEE ASSISTANCE For an additional amount for Migration and Refugee Assistance , $75,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, and for humanitarian needs. GENERAL PROVISIONS—THIS TITLE 9001. Each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year 2022. 9002. No part of any appropriation contained in this title shall remain available for obligation beyond fiscal year 2022 unless expressly so provided herein. 9003. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for funds appropriated in fiscal year 2022. 9004. The reporting requirement provided by section 406(b) of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (division A of Public Law 116–123 ) shall apply to funds appropriated by this title, except that such section 406(b) shall be applied to such funds by substituting September 30, 2023 for September 30, 2022 . 9005. This title shall become effective immediately upon enactment of this Act. 9006. If this Act is enacted after September 30, 2022, this title shall be applied as if it were in effect on September 30, 2022. 9007. Each amount made available by this title is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 9008. In this title, the term coronavirus means SARS–CoV–2 or another coronavirus with pandemic potential. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4662is/xml/BILLS-117s4662is.xml |
117-s-4663 | II 117th CONGRESS 2d Session S. 4663 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of Defense for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Defense for the fiscal year ending September 30, 2023, and for other purposes, namely: I MILITARY PERSONNEL Military Personnel, Army For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $50,090,995,000. Military personnel, navy For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $36,484,883,000. Military personnel, marine corps For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $15,226,541,000. Military personnel, air force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $34,740,869,000. Military personnel, space force For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Space Force on active duty, cadets; for members of the Reserve Officers Training Corps; and for payments pursuant to section 156 of Public Law 97–377 , as amended ( 42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $1,119,926,000. Reserve personnel, army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 7038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $5,221,698,000. Reserve personnel, navy For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,382,618,000. Reserve personnel, marine corps For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $860,240,000. Reserve personnel, air force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,506,922,000. National guard personnel, army For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $9,375,029,000. National guard personnel, air force For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $5,020,248,000. II OPERATION AND MAINTENANCE Operation and maintenance, army For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, $58,928,528,000: Provided, That not to exceed $12,478,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Army, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes. Operation and maintenance, navy For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $67,380,932,000: Provided, That not to exceed $15,055,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Navy, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes. Operation and maintenance, marine corps For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $10,057,284,000. Operation and maintenance, air force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $59,766,942,000: Provided, That not to exceed $7,699,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of the Air Force, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes. Operation and maintenance, space force For expenses, not otherwise provided for, necessary for the operation and maintenance of the Space Force, as authorized by law, $4,090,783,000. Operation and maintenance, defense-Wide (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $48,989,470,000: Provided, That not more than $2,981,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further, That not to exceed $36,000,000 may be used for emergencies and extraordinary expenses, to be expended upon the approval or authority of the Secretary of Defense, and payments may be made upon the Secretary’s certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not less than $50,000,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $4,500,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D) : Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further, That $49,071,000 to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further, That of the funds provided under this heading, $2,389,669,000, of which $1,511,920,000, to remain available until September 30, 2024, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Counter-ISIS train and equip fund For the Counter-Islamic State of Iraq and Syria Train and Equip Fund , $487,513,000, to remain available until September 30, 2024: Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to provide assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; construction for facility fortification and humane treatment; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria, and their affiliated or associated groups: Provided further, That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and Syria, and following written notification to the congressional defense committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading: Provided further, That contributions of funds for the purposes provided herein from any foreign government or other entity may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the Secretary of Defense shall prioritize such contributions when providing any assistance for construction for facility fortification: Provided further, That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that such provision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives: Provided further, That the United States may accept equipment procured using funds provided under this heading, or under the heading, Iraq Train and Equip Fund in prior Acts, that was transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria and returned by such forces or groups to the United States, and such equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using funds provided under this heading, or under the heading, Iraq Train and Equip Fund in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and Syria may be treated as stocks of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals. Operation and maintenance, army reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,258,504,000. Operation and maintenance, navy reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1,233,300,000. Operation and maintenance, marine corps reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $309,633,000. Operation and maintenance, air force reserve For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,569,044,000. Operation and maintenance, army national guard For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $8,337,287,000. Operation and maintenance, air national guard For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $7,278,779,000. United states court of appeals for the armed forces For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $16,003,000, of which not to exceed $10,000 may be used for official representation purposes. Environmental restoration, army (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $238,244,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, navy (INCLUDING TRANSFER OF FUNDS) For the Department of the Navy, $374,348,000, to remain available until transferred: Provided, That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, air force (INCLUDING TRANSFER OF FUNDS) For the Department of the Air Force, $466,474,000, to remain available until transferred: Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, defense-Wide (INCLUDING TRANSFER OF FUNDS) For the Department of Defense, $8,924,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Environmental restoration, formerly used defense sites (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $297,262,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. Overseas humanitarian, disaster, and civic aid For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $112,800,000, to remain available until September 30, 2024. Cooperative threat reduction account For assistance, including assistance provided by contract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, $341,598,000, to remain available until September 30, 2025. Department of defense acquisition workforce development account For the Department of Defense Acquisition Workforce Development Account, $126,791,000: Provided, That no other amounts may be otherwise credited or transferred to the Account, or deposited into the Account, in fiscal year 2023 pursuant to section 1705(d) of title 10, United States Code. III PROCUREMENT Aircraft procurement, army For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,403,946,000, to remain available for obligation until September 30, 2025. Missile procurement, army For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,853,303,000, to remain available for obligation until September 30, 2025. Procurement of weapons and tracked combat vehicles, army For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,790,018,000, to remain available for obligation until September 30, 2025. Procurement of ammunition, army For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,732,300,000, to remain available for obligation until September 30, 2025. Other procurement, army For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $7,936,312,000, to remain available for obligation until September 30, 2025. Aircraft procurement, navy For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $18,059,443,000, to remain available for obligation until September 30, 2025. Weapons procurement, navy For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $4,850,198,000, to remain available for obligation until September 30, 2025. Procurement of ammunition, navy and marine corps For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,119,954,000, to remain available for obligation until September 30, 2025. Shipbuilding and conversion, navy For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows: Columbia Class Submarine, $3,079,223,000; Columbia Class Submarine (AP), $2,778,553,000; Carrier Replacement Program (CVN–80), $1,465,880,000; Carrier Replacement Program (CVN–81), $1,052,024,000; Virginia Class Submarine, $4,534,184,000; Virginia Class Submarine (AP), $2,025,651,000; CVN Refueling Overhauls (AP), $612,081,000; DDG–1000 Program, $72,976,000; DDG–51 Destroyer, $6,946,537,000; DDG–51 Destroyer (AP), $695,652,000; FFG–Frigate, $1,135,224,000; LPD Flight II, $1,673,000,000; LPD Flight II (AP), $250,000,000; LHA Replacement, $1,374,470,000; Expeditionary Fast Transport, $645,000,000; TAO Fleet Oiler, $782,588,000; Towing, Salvage, and Rescue Ship, $95,915,000; Ship to Shore Connector, $454,533,000; Service Craft, $21,056,000; Auxiliary Personnel Lighter, $63,218,000; LCAC SLEP, $36,301,000; Auxiliary Vessels, $133,000,000; For outfitting, post delivery, conversions, and first destination transportation, $673,484,000; and Completion of Prior Year Shipbuilding Programs, $1,328,146,000. In all: $31,928,696,000, to remain available for obligation until September 30, 2027: Provided, That additional obligations may be incurred after September 30, 2027, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards: Provided further, That funds appropriated or otherwise made available by this Act for Columbia Class Submarine (AP) may be available for the purposes authorized by subsections (f), (g), (h) or (i) of section 2218a of title 10, United States Code, only in accordance with the provisions of the applicable subsection. Other procurement, navy For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $11,851,783,000, to remain available for obligation until September 30, 2025: Provided, That such funds are also available for the maintenance, repair, and modernization of ships under a pilot program established for such purposes. Procurement, marine corps For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $3,713,286,000, to remain available for obligation until September 30, 2025. Aircraft procurement, air force For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $20,704,120,000, to remain available for obligation until September 30, 2025. Missile procurement, air force For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $3,207,815,000, to remain available for obligation until September 30, 2025. Procurement of ammunition, air force For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $870,822,000, to remain available for obligation until September 30, 2025. Other procurement, air force For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $26,063,918,000, to remain available for obligation until September 30, 2025. Procurement, space force For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $4,050,914,000, to remain available for obligation until September 30, 2025. Procurement, defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $5,740,190,000, to remain available for obligation until September 30, 2025. Defense production Act purchases For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. 4518 , 4531, 4532, and 4533), $359,906,000, to remain available until expended, which shall be obligated and expended by the Secretary of Defense as if delegated the necessary authorities conferred by the Defense Production Act of 1950. National guard and reserve equipment account For procurement of rotary-wing aircraft; combat, tactical and support vehicles; other weapons; and other procurement items for the reserve components of the Armed Forces, $1,500,000,000, to remain available for obligation until September 30, 2025: Provided, That the Chiefs of National Guard and Reserve components shall, not later than 30 days after enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further, That none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft, or procure or modify missiles, munitions, or ammunition. IV RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, development, test and evaluation, army For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $15,496,166,000, to remain available for obligation until September 30, 2024. Research, development, test and evaluation, navy For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $24,445,418,000, to remain available for obligation until September 30, 2024: Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces. Research, development, test and evaluation, air force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $43,717,011,000, to remain available for obligation until September 30, 2024. Research, development, test and evaluation, space force For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $16,528,488,000, to remain available until September 30, 2024. Research, development, test and evaluation, defense-Wide For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $33,836,217,000, to remain available for obligation until September 30, 2024. Operational test and evaluation, defense For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $602,194,000, to remain available for obligation until September 30, 2024. V REVOLVING AND MANAGEMENT FUNDS Defense working capital funds For the Defense Working Capital Funds, $1,445,095,000. VI OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense health program For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $37,617,924,000; of which $35,046,200,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2024, and of which up to $18,455,209,000 may be available for contracts entered into under the TRICARE program; of which $570,074,000, to remain available for obligation until September 30, 2025, shall be for procurement; and of which $2,001,650,000, to remain available for obligation until September 30, 2024, shall be for research, development, test and evaluation: Provided, That of the funds provided under this heading for research, development, test and evaluation, not less than $954,500,000 shall be made available to the United States Army Medical Research and Development Command to carry out the congressionally directed medical research programs. Chemical agents and munitions destruction, defense For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,059,818,000, of which $84,612,000 shall be for operation and maintenance, of which no less than $53,186,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $22,778,000 for activities on military installations and $30,408,000, to remain available until September 30, 2024, to assist State and local governments; and $975,206,000, to remain available until September 30, 2024, shall be for research, development, test and evaluation, of which $971,742,000 shall only be for the Assembled Chemical Weapons Alternatives program. Drug interdiction and counter-Drug activities, defense (INCLUDING TRANSFER OF FUNDS) For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $977,408,000, of which $621,154,000 shall be for counter-narcotics support; $130,060,000 shall be for the drug demand reduction program; $200,316,000 shall be for the National Guard counter-drug program; and $25,878,000 shall be for the National Guard counter-drug schools program: Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. Office of the inspector general For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $499,359,000, of which $495,971,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended upon the approval or authority of the Inspector General, and payments may be made upon the Inspector General's certificate of necessity for confidential military purposes; of which $1,524,000, to remain available for obligation until September 30, 2025, shall be for procurement; and of which $1,864,000, to remain available until September 30, 2024, shall be for research, development, test and evaluation. Support for international sporting competitions For logistical and security support for international sporting competitions (including pay and non-travel related allowances only for members of the Reserve Components of the Armed Forces of the United States called or ordered to active duty in connection with providing such support), $10,377,000, to remain available until expended. VII RELATED AGENCIES Central intelligence agency retirement and disability system fund For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. Intelligence community management account For necessary expenses of the Intelligence Community Management Account, $581,210,000. VIII GENERAL PROVISIONS 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps. (TRANSFER OF FUNDS) 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer not to exceed $6,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations of the House of Representatives and the Senate for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Committee Recommended Adjustments in the explanatory statement regarding this Act and the tables contained in the classified annex accompanying this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided , That section 8005 of this Act shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts, subject to the limitation in subsection (c): Provided further , That the transfer amount limitation provided in section 8005 of this Act shall not apply to transfers of amounts described in subsection (a) if such transfers are necessary for the proper execution of such funds. (c) During the current fiscal year, amounts specified in the referenced tables described in subsection (a) may not be transferred pursuant to section 8005 of this Act other than for proper execution of such amounts, as provided in subsection (b). 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2023: Provided, That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided , That this subsection shall not apply to transfers from the following appropriations accounts: (1) Environmental Restoration, Army ; (2) Environmental Restoration, Navy ; (3) Environmental Restoration, Air Force ; (4) Environmental Restoration, Defense-Wide ; (5) Environmental Restoration, Formerly Used Defense Sites ; and (6) Drug Interdiction and Counter-drug Activities, Defense . (TRANSFER OF FUNDS) 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the Foreign Currency Fluctuations, Defense appropriation and the Operation and Maintenance appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer: Provided further, That except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract— (1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract. Funds appropriated in title III of this Act may be used for multiyear procurement contracts for up to 15 DDG–51 Arleigh Burke Class Guided Missile Destroyers. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code: Provided, That such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided further, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239 : Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on the basis of any constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees, but are to be managed solely on the basis of, and in a manner consistent with— (1) the total force management policies and procedures established under section 129a of title 10, United States Code; (2) the workload required to carry out the functions and activities of the Department; and (3) the funds made available to the Department for such fiscal year. (b) None of the funds appropriated by this Act may be used to reduce the civilian workforce programmed full time equivalent levels absent the appropriate analysis of the impact of these reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs. (c) A projection of the number of full-time equivalent positions shall not be considered a constraint or limitation for purposes of subsection (a) and reducing funding for under-execution of such a projection shall not be considered managing based on a constraint or limitation for purposes of such subsection. (d) The fiscal year 2024 budget request for the Department of Defense, and any justification material and other documentation supporting such a request, shall be prepared and submitted to Congress as if subsections (a) and (b) were effective with respect to such fiscal year. (e) Nothing in this section shall be construed to apply to military (civilian) technicians. 8013. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. 8014. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades, or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012. (TRANSFER OF FUNDS) 8015. (a) Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 ( Public Law 101–510 ; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. (b) The Secretary of Defense shall include with the budget justification documents in support of the budget for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a description of each transfer under this section that occurred during the last fiscal year before the fiscal year in which such budget is submitted. 8016. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided, That for the purpose of this section, the term manufactured shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the Service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that such an acquisition must be made in order to acquire capability for national security purposes. 8017. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered. 8018. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use. 8019. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. 8020. Of the funds made available in this Act, up to $17,500,000 may be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 ( 25 U.S.C. 1544 ) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code. 8021. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term Indian tribe means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 ( Public Law 103–454 ; 108 Stat. 4792; 25 U.S.C. 5131 ). 8022. Of the funds appropriated to the Department of Defense under the heading Operation and Maintenance, Defense-Wide , not less than $12,000,000 may be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. 8023. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities. 8024. Of the amounts appropriated for Working Capital Fund, Army , $115,000,000 shall be available to maintain competitive rates at the arsenals. 8025. (a) Of the funds made available in this Act, not less than $64,800,000 shall be available for the Civil Air Patrol Corporation, of which— (1) $51,300,000 shall be available from Operation and Maintenance, Air Force to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; (2) $11,600,000 shall be available from Aircraft Procurement, Air Force ; and (3) $1,900,000 shall be available from Other Procurement, Air Force for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. 8026. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided , That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2023, not more than $2,601,510,000 may be funded for defense FFRDCs: Provided , That within such funds, no more than $482,989,836 shall be available for the defense studies and analysis FFRDCs: Provided further , That this subsection shall not apply to staff years funded in the National Intelligence Program and the Military Intelligence Program: Provided further , That the Secretary of Defense shall, with the submission of the department’s fiscal year 2024 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC by program during that fiscal year and the associated budget estimates, by appropriation account and program. (e) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $192,150,000: Provided , That this subsection shall not apply to appropriations for the National Intelligence Program and Military Intelligence Program. 8027. For the purposes of this Act, the term congressional defense committees means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 8028. For the purposes of this Act, the term congressional intelligence committees means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 8029. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 8030. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term Buy American Act means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a Made in America inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. 8031. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. 8032. (a) (1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2023. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreements Act of 1979 ( 19 U.S.C. 2501 et seq. ), or any international agreement to which the United States is a party. (c) For purposes of this section, the term Buy American Act means chapter 83 of title 41, United States Code. 8033. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase of commercial products , as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items. 8034. In addition to any other funds made available for such purposes, there is appropriated $93,500,000, for an additional amount for the National Defense Stockpile Transaction Fund , to remain available until September 30, 2025, for activities pursuant to the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. ): Provided, That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds. 8035. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. 8036. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 8037. None of the funds made available in this Act, or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code. 8038. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account shall be available until expended for the payments specified by section 2687a(b)(2) of title 10, United States Code. 8039. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $350,000: Provided, That upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in a named contingency operation overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000. 8040. Up to $13,720,000 of the funds appropriated under the heading Operation and Maintenance, Navy may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the United States Indo-Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. 8041. The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail system stores located in the United States. 8042. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2024 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2024 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2024 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. 8043. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2024: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 ( 50 U.S.C. 3093 ) shall remain available until September 30, 2024: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for the construction, improvement, or alteration of facilities, including leased facilities, to be used primarily by personnel of the intelligence community, shall remain available until September 30, 2025. (INCLUDING TRANSFER OF FUNDS) 8044. In addition to amounts made available elsewhere in this Act, $200,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance accounts and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force for purposes of improving tactical artificial intelligence at the Combatant Commands: Provided, That none of the funds provided under this section may be obligated or expended until 90 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act. (INCLUDING TRANSFER OF FUNDS) 8045. In addition to amounts made available elsewhere in this Act, $100,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance, procurement, and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force for purposes of enhancing Department of Defense access to commercially innovative technologies: Provided, That none of the funds provided under this section may be obligated or expended until 90 days after the Under Secretary of Defense (Research and Engineering), in coordination with the Under Secretary of Defense (Comptroller), the Assistant Secretary of the Army (Acquisition, Logistics and Technology), the Assistant Secretary of the Navy (Research, Defense and Acquisition), the Assistant Secretary of the Air Force (Acquisition, Technology and Logistics), and the Assistant Secretary of the Air Force (Space Acquisition and Integration) provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act. 8046. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless— (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by— (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code. (b) (1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act ( 15 U.S.C. 637(a)(15) ). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities. (RESCISSIONS) 8047. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Aircraft Procurement, Air Force , 2021/2023, $213,716,000; Operation and Maintenance, Defense-Wide , 2022/2023, $65,000,000; Aircraft Procurement, Navy , 2022/2024, $4,358,000; Shipbuilding and Conversion, Navy: CVN Refueling Overhauls (AP) , 2022/2026, $191,000,000; Shipbuilding and Conversion, Navy: Service Craft , 2022/2026, $6,092,000; Aircraft Procurement, Air Force , 2022/2024, $205,805,000; Procurement, Space Force , 2022/2024, $7,000,000; and Research, Development, Test and Evaluation, Space Force , 2022/2023, $139,400,000. 8048. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 8049. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose: Provided, That this restriction shall not apply to any activities incidental to the Defense POW/MIA Accounting Agency mission to recover and identify the remains of United States Armed Forces personnel from the Democratic People's Republic of Korea. 8050. In this fiscal year and each fiscal year thereafter, funds appropriated for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. 8051. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law. 8052. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $24,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $24,000,000 to the United Service Organizations. 8053. Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget. The Secretary of each military department, the Director of each Defense Agency, and the head of each other relevant component of the Department of Defense shall submit to the congressional defense committees, concurrent with submission of the budget justification documents to Congress pursuant to section 1105 of title 31, United States Code, a report with a detailed accounting of the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides taken from programs, projects, or activities within such department, agency, or component during the most recently completed fiscal year. 8054. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (INCLUDING TRANSFER OF FUNDS) 8055. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading Operation and Maintenance, Defense-Wide may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. 8056. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— (1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account; (2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and (3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510 , as amended ( 31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further , That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account: Provided, That the Under Secretary of Defense (Comptroller) shall include with the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code) a statement describing each instance if any, during each of the fiscal years 2017 through 2023 in which the authority in this section was exercised. 8057. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 8058. (a) None of the funds appropriated or otherwise made available by this or prior Acts may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any C-40 aircraft. (b) The limitation under subsection (a) shall not apply to an individual C-40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable due to a Class A mishap. (c) If the Secretary determines under subsection (b) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification in writing that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance, repairs, or other reasons. 8059. (a) None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements: Provided, That this restriction does not apply to end-items used in development, prototyping in accordance with an approved test strategy, and test activities preceding and leading to acceptance for operational use. (b) If the number of end-items budgeted with funds appropriated in title IV of this Act exceeds the number required in an approved test strategy, the Under Secretary of Defense (Research and Engineering) and the Under Secretary of Defense (Acquisition and Sustainment), in coordination with the responsible Service Acquisition Executive, shall certify in writing to the congressional defense committees that there is a bonafide need for the additional end-items at the time of submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code: Provided , That this restriction does not apply to programs funded within the National Intelligence Program. (c) The Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a report detailing the use of funds requested in research, development, test and evaluation accounts for end-items used in development, prototyping and test activities preceding and leading to acceptance for operational use: Provided , That the report shall set forth, for each end item covered by the preceding proviso, a detailed list of the statutory authorities under which amounts in the accounts described in that proviso were used for such item: Provided further , That the Secretary of Defense shall, at the time of the submittal to Congress of the budget of the President for fiscal year 2024 pursuant to section 1105 of title 31, United States Code, submit to the congressional defense committees a certification that funds requested for fiscal year 2024 in research, development, test and evaluation accounts are in compliance with this section: Provided further , That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 8060. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 8061. Notwithstanding any other provision of law, funds appropriated in this Act under the heading Research, Development, Test and Evaluation, Defense-Wide for any new start defense innovation acceleration or defense innovation acceleration prototyping demonstration project with a value of more than $5,000,000 may only be obligated 15 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 8062. The Secretary of Defense shall continue to provide a classified quarterly report to the Committees on Appropriations of the House of Representatives and the Senate, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 8063. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System. 8064. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of armor penetrator , armor piercing (AP) , armor piercing incendiary (API) , or armor-piercing incendiary tracer (API–T) , except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 8065. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis. (INCLUDING TRANSFER OF FUNDS) 8066. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Army , $158,967,374 shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further, That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense. 8067. (a) None of the funds appropriated in this or any other Act may be used to take any action to modify— (1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account; (2) how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request; (3) the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or (4) the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed. (b) Nothing in subsection (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (1)–(3) of subsection (a). (c) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence. (d) Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall— (1) provide the proposed alternatives to all affected agencies; (2) receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and (3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. (INCLUDING TRANSFER OF FUNDS) 8068. In addition to amounts made available elsewhere in this Act, $500,000,000 is hereby appropriated to the Department of Defense and made available for transfer to operation and maintenance accounts, procurement accounts, and research, development, test and evaluation accounts only for those efforts by the United States Africa Command or United States Southern Command to expand cooperation or improve the capabilities of our allies and partners in their areas of operation: Provided, That none of the funds provided under this section may be obligated or expended until 60 days after the Secretary of Defense provides to the congressional defense committees an execution plan: Provided further, That not less than 30 days prior to any transfer of funds, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That upon transfer, the funds shall be merged with and available for the same purposes, and for the same time period, as the appropriation to which transferred: Provided further, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act. (INCLUDING TRANSFER OF FUNDS) 8069. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for Operation and Maintenance, Army , Operation and Maintenance, Navy , and Operation and Maintenance, Air Force may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. (INCLUDING TRANSFER OF FUNDS) 8070. Of the amounts appropriated for Operation and Maintenance, Navy , up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 ). 8071. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided, That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations Committees: Provided further, That any proposed modification shall not preclude the ability of the commander of United States Indo-Pacific Command to meet operational requirements. 8072. Any notice that is required to be submitted to the Committees on Appropriations of the House of Representatives and the Senate under section 806(c)(4) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 ( 10 U.S.C. 2302 note), or a successor provision, after the date of the enactment of this Act shall be submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and the Senate. (INCLUDING TRANSFER OF FUNDS) 8073. Of the amounts appropriated in this Act under the headings Procurement, Defense-Wide and Research, Development, Test and Evaluation, Defense-Wide , $500,000,000 shall be for the Israeli Cooperative Programs: Provided, That of this amount, $80,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $167,000,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $40,000,000 shall be for co-production activities of SRBMD systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for SRBMD, as amended; $80,000,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture, of which $80,000,000 shall be for co-production activities of Arrow 3 Upper Tier systems in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act. 8074. Of the amounts appropriated in this Act under the heading Shipbuilding and Conversion, Navy , $1,328,146,000 shall be available until September 30, 2023, to fund prior year shipbuilding cost increases for the following programs: (1) Under the heading Shipbuilding and Conversion, Navy , 2013/2023: Carrier Replacement Program, $461,700,000; (2) Under the heading Shipbuilding and Conversion, Navy , 2015/2023: Virginia Class Submarine Program, $46,060,000; (3) Under the heading Shipbuilding and Conversion, Navy , 2015/2023: DDG–51 Destroyer, $30,231,000; (4) Under the heading Shipbuilding and Conversion, Navy , 2015/2023: Littoral Combat Ship, $4,250,000; (5) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: DDG–51 Destroyer, $24,238,000; (6) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: Virginia Class Submarine Program, $58,642,000; (7) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: TAO Fleet Oiler, $9,200,000; (8) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: Littoral Combat Ship, $18,000,000; (9) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: CVN Refueling Overhauls, $62,000,000; (10) Under the heading Shipbuilding and Conversion, Navy , 2016/2023: Towing, Salvage, and Rescue Ship Program, $11,250,000; (11) Under the heading Shipbuilding and Conversion, Navy , 2017/2023: DDG–51 Destroyer, $168,178,000; (12) Under the heading Shipbuilding and Conversion, Navy , 2017/2023: LPD–17, $17,739,000; (13) Under the heading Shipbuilding and Conversion, Navy , 2017/2023: LHA Replacement Program, $19,300,000; (14) Under the heading Shipbuilding and Conversion, Navy , 2017/2023: Littoral Combat Ship, $29,030,000; (15) Under the heading Shipbuilding and Conversion, Navy , 2018/2023: DDG–51 Destroyer, $5,930,000; (16) Under the heading Shipbuilding and Conversion, Navy , 2018/2023: Littoral Combat Ship, $9,538,000; (17) Under the heading Shipbuilding and Conversion, Navy , 2018/2023: TAO Fleet Oiler, $12,500,000; (18) Under the heading Shipbuilding and Conversion, Navy , 2018/2023: Towing, Salvage, and Rescue Ship Program, $6,750,000; (19) Under the heading Shipbuilding and Conversion, Navy , 2019/2023: Littoral Combat Ship, $6,983,000; (20) Under the heading Shipbuilding and Conversion, Navy , 2019/2023: TAO Fleet Oiler, $106,400,000; (21) Under the heading Shipbuilding and Conversion, Navy , 2019/2023: Towing, Salvage, and Rescue Ship Program, $4,500,000; (22) Under the heading Shipbuilding and Conversion, Navy , 2021/2023: Virginia Class Submarine Program, $200,000,000; and (23) Under the heading Shipbuilding and Conversion, Navy , 2021/2023: Towing, Salvage, and Rescue Ship Program, $15,727,000. 8075. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for Fiscal Year 2023. 8076. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. 8077. The budget of the President for fiscal year 2024 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include budget justification for costs of United States Armed Forces' participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That the justification shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That the justification shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further, That the justification shall be included within the baseline OP–5 and OP–32 budget exhibits (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years. 8078. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system. (INCLUDING TRANSFER OF FUNDS) 8079. In addition to amounts appropriated in title II or otherwise made available elsewhere in this Act, $3,000,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the operation and maintenance accounts of the Army, Navy, Marine Corps, Air Force, and Space Force (including National Guard and Reserve) for purposes of improving military readiness: Provided, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act: Provided further, That none of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds. 8080. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 8081. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. 8082. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. 8083. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2024, and except for funds appropriated for the purchase of real property, which shall remain available until September 30, 2025. 8084. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading Shipbuilding and Conversion, Navy shall be considered to be for the same purpose as any subdivision under the heading Shipbuilding and Conversion, Navy appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2023: Provided, That the report shall include— (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest. (b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 8086. Any transfer of amounts appropriated to the Department of Defense Acquisition Workforce Development Account in or for fiscal year 2023 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 10, United States Code, shall be covered by and subject to section 8005 of this Act. 8087. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that— (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 ( 50 U.S.C. 3024(d) ) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. 8088. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 8089. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to— (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention. (b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a covered subcontractor is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States. (d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. (INCLUDING TRANSFER OF FUNDS) 8090. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $168,000,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84 : Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417 : Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate. 8091. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Defense or a component thereof in contravention of the provisions of section 130h of title 10, United States Code. 8092. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. (INCLUDING TRANSFER OF FUNDS) 8093. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the funds made available in this Act for the National Intelligence Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2023. 8094. Of the amounts appropriated in this Act for Shipbuilding and Conversion, Navy , $133,000,000, to remain available for obligation until September 30, 2027, may be used for the purchase of two used sealift vessels for the National Defense Reserve Fleet, established under section 11 of the Merchant Ship Sales Act of 1946 ( 46 U.S.C. 57100 ): Provided, That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet: Provided further, That notwithstanding section 2218 of title 10, United States Code, none of these funds shall be transferred to the National Defense Sealift Fund for execution. 8095. The Secretary of Defense shall post grant awards on a public Website in a searchable format. 8096. None of the funds made available by this Act may be used by the National Security Agency to— (1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or (2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978. 8097. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 8098. Of the amounts appropriated in this Act for Operation and Maintenance, Navy , $589,325,000, to remain available until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 ( 46 U.S.C. 57100 ): Provided, That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet. 8099. None of the funds made available in this Act may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 112–81 ; 125 Stat. 1621) to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided, That none of the funds made available in this Act may be used under section 1208 for any activity that is not in support of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions in this section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver. 8100. (a) None of the funds provided in this Act for the TAO Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; spreaders for shipboard cranes; and anchor chains, specifically for the seventh and subsequent ships of the fleet. (b) None of the funds provided in this Act for the FFG(X) Frigate program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Air circuit breakers; gyrocompasses; electronic navigation chart systems; steering controls; pumps; propulsion and machinery control systems; totally enclosed lifeboats; auxiliary equipment pumps; shipboard cranes; auxiliary chill water systems; and propulsion propellers: Provided , That the Secretary of the Navy shall incorporate United States manufactured propulsion engines and propulsion reduction gears into the FFG(X) Frigate program beginning not later than with the eleventh ship of the program. 8101. None of the funds provided in this Act for requirements development, performance specification development, concept design and development, ship configuration development, systems engineering, naval architecture, marine engineering, operations research analysis, industry studies, preliminary design, development of the Detailed Design and Construction Request for Proposals solicitation package, or related activities for the T–ARC(X) Cable Laying and Repair Ship or the T–AGOS(X) Oceanographic Surveillance Ship may be used to award a new contract for such activities unless these contracts include specifications that all auxiliary equipment, including pumps and propulsion shafts, are manufactured in the United States. 8102. No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Account may be transferred to: (1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 2302 note); or (2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017). 8103. From funds made available in title II of this Act, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles up to a limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. 8104. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. 8105. None of the funds provided for, or otherwise made available, in this or any other Act, may be obligated or expended by the Secretary of Defense to provide motorized vehicles, aviation platforms, munitions other than small arms and munitions appropriate for customary ceremonial honors, operational military units, or operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the readiness of such units, platforms, or equipment. 8106. (a) None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting such tax liability, provided that the applicable Federal agency is aware of the unpaid Federal tax liability. (b) Subsection (a) shall not apply if the applicable Federal agency has considered suspension or debarment of the corporation described in such subsection and has made a determination that such suspension or debarment is not necessary to protect the interests of the Federal Government. 8107. (a) Amounts appropriated under title IV of this Act, as detailed in budget activity eight of the tables of Committee Recommended Adjustments in the explanatory statement regarding this Act, may be used for expenses for the agile research, development, test and evaluation, procurement, production, modification, and operation and maintenance, only for the following Software and Digital Technology Pilot programs— (1) Defensive CYBER—Software Prototype Development (PE 0608041A); (2) Risk Management Information (PE 0608013N); (3) Maritime Tactical Command Control (PE 0608231N); (4) Space Command & Control—Software Pilot Program (PE 1208248SF); (5) National Background Investigation Services (PE 0608197V); (6) Global Command and Control System-Joint (PE 0303150K); and (7) Acquisition Visibility (PE 0608648D8Z). (b) None of the funds appropriated by this or prior Department of Defense Appropriations Acts may be obligated or expended to initiate additional Software and Digital Technology Pilot Programs in fiscal year 2023. 8108. Supervision and administration costs and costs for design during construction associated with a construction project funded with appropriations available for operation and maintenance, or the Counter-ISIS Train and Equip Fund provided in this Act and executed in direct support of military and stability operations to counter the Islamic State of Iraq and Syria, may be obligated at the time a construction contract is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs. 8109. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277 ; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 ( Public Law 109–148 ). 8110. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $300,000,000, to remain available until September 30, 2024, shall be for the Ukraine Security Assistance Initiative: Provided, That such funds shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide assistance, including training; equipment; lethal assistance; logistics support, supplies and services; salaries and stipends; sustainment; and intelligence support to the military and national security forces of Ukraine, and to other forces or groups recognized by and under the authority of the Government of Ukraine, including governmental entities within Ukraine, engaged in resisting Russian aggression against Ukraine, for replacement of any weapons or articles provided to the Government of Ukraine from the inventory of the United States, and to recover or dispose of equipment procured using funds made available in this section in this or prior Acts: Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section (or if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, as far in advance as is practicable) notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall, not more than 60 days after such notification is made, inform such committees if such funds have not been obligated and the reasons therefor: Provided further, That the Secretary of Defense shall consult with such committees in advance of the provision of support provided to other forces or groups recognized by and under the authority of the Government of Ukraine: Provided further, That the United States may accept equipment procured using funds made available in this section in this or prior Acts transferred to the security forces of Ukraine and returned by such forces to the United States: Provided further, That equipment procured using funds made available in this section in this or prior Acts, and not yet transferred to the military or national security forces of Ukraine or to other assisted entities, or returned by such forces or other assisted entities to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use and status of funds made available in this section. 8111. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. 8112. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $1,511,920,000, to remain available until September 30, 2024, shall be available for International Security Cooperation Programs and other programs to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or building partner capacity programs: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds made available in this section, notify the congressional defense committees in writing of the details of any planned obligation: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section. 8113. Of the amounts appropriated in this Act under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $370,000,000, to remain available until September 30, 2024, shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226 of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 2151 note), for enhanced border security: Provided, That the Secretary of Defense shall, not less than 15 days prior to obligating funds provided under this section, notify the congressional defense committees in writing of the details of any planned obligation and the nature of the expenses incurred: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section. 8114. None of the funds made available by this Act may be used in contravention of the War Powers Resolution ( 50 U.S.C. 1541 et seq. ). 8115. None of the funds made available by this Act for excess defense articles, assistance under section 333 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 ( Public Law 110–457 ; 22 U.S.C. 2370c–1 ) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. 8116. None of the funds made available by this Act may be made available for any member of the Taliban. 8117. Notwithstanding any other provision of law, any transfer of funds, appropriated or otherwise made available by this Act, for support to friendly foreign countries in connection with the conduct of operations in which the United States is not participating, pursuant to section 331(d) of title 10, United States Code, shall be made in accordance with section 8005 of this Act. 8118. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport. (b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge: (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (2) the armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and (3) agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine. (c) The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver. (INCLUDING TRANSFER OF FUNDS) 8119. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $1,000,000,000, to remain available until September 30, 2024, is hereby appropriated to the Department of Defense and made available for transfer only to other appropriations available to the Department of Defense in Department of Defense Appropriations Acts: Provided, That such funds shall be available to the Secretary of Defense for the purpose of conducting activities relating to improvements of infrastructure and defueling at the Red Hill Bulk Fuel Storage Facility: Provided further, That amounts transferred pursuant to this appropriation shall be merged with, and be available for the same purposes and time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided in this section, such amounts may be transferred back to this section: Provided further, That the transfer authority provided pursuant to this section is in addition to any other transfer authority provided by law: Provided further, That not less than 30 days prior to any transfer of funds pursuant to this section, the Secretary of Defense shall notify the congressional defense committees of the details of any such transfer: Provided further, That not later than 60 days after the enactment of this Act and every 30 days thereafter through fiscal year 2024, the Secretary of Defense shall submit a report to the Committees on Appropriations of the House of Representatives and Senate, setting forth all categories and amounts of obligations and expenditures made under the authority provided in this section. 8120. Notwithstanding any other provision of this Act, to reflect higher than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby increased by $5,000,000,000. (INCLUDING TRANSFER OF FUNDS) 8121. In addition to amounts appropriated in title III, title IV, or otherwise made available elsewhere in this Act, $1,500,000,000 is hereby appropriated to the Department of Defense and made available for transfer to the procurement and research, development, test and evaluation accounts of the Army, Navy, Marine Corps, Air Force, and Space Force to reflect revised economic assumptions: Provided, That the transfer authority provided under this section is in addition to any other transfer authority provided elsewhere in this Act: Provided further, That none of the funds provided under this section may be obligated or expended until 30 days after the Secretary of Defense provides the Committees on Appropriations of the House of Representatives and the Senate a detailed execution plan for such funds. 8122. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total amount appropriated in this Act is hereby reduced by $375,000,000. 8123. Equipment procured using funds provided in prior Acts under the heading Counterterrorism Partnerships Fund for the program authorized by section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ), or under the heading Iraq Train and Equip Fund for the program authorized by section 1236 of such Act, and not yet transferred to authorized recipients may be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance using amounts provided under the heading Counter-ISIS Train and Equip Fund in this Act: Provided, That such equipment may be transferred 15 days following written notification to the congressional defense committees. 8124. Of the amounts appropriated under the heading Operation and Maintenance, Defense-Wide , for the Defense Security Cooperation Agency, $5,000,000, to remain available until September 30, 2024, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations to counter the Islamic State of Iraq and Syria: Provided, That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following written notification to the appropriate congressional committees: Provided further, That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military and stability operations to counter the Islamic State of Iraq and Syria, and 15 days following written notification to the appropriate congressional committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on the use and status of funds made available in this section. This Act may be cited as the Department of Defense Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4663is/xml/BILLS-117s4663is.xml |
117-s-4664 | II 117th CONGRESS 2d Session S. 4664 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF COMMERCE International Trade Administration OPERATIONS AND ADMINISTRATION For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; not to exceed $325,000 for purchase of armored vehicles without regard to the general purchase price limitations; obtaining insurance on official motor vehicles; and rental of tie lines, $625,000,000, of which $80,000,000 shall remain available until September 30, 2024: Provided, That $12,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided further, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of Industry and Security OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232 ; 132 Stat. 2208; 50 U.S.C. 4801 et seq. ), and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b) ); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $199,636,000, of which $76,000,000 shall remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic development administration ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by sections 27 and 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended, $380,000,000 to remain available until expended, of which $50,000,000 shall be for grants under such section 27 and $10,000,000 shall be for grants under such section 28: Provided, That of the amounts provided under this heading, $20,000,000 shall be for grants to support local labor markets and local communities experiencing high prime-age employment gaps: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act. SALARIES AND EXPENSES For necessary expenses of administering the economic development assistance programs as provided for by law, $70,018,000: Provided, That funds provided under this heading may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976; title II of the Trade Act of 1974; sections 27 and 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended; and the Community Emergency Drought Relief Act of 1977. Minority business development agency MINORITY BUSINESS DEVELOPMENT For necessary expenses of the Minority Business Development Agency in fostering, promoting, and developing minority business enterprises, as authorized by law, $70,000,000, of which not more than $23,100,000 shall be available for overhead expenses, including salaries and expenses, rent, utilities, and information technology services. Economic and statistical analysis SALARIES AND EXPENSES For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $128,000,000, to remain available until September 30, 2024. Bureau of the census CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $330,000,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. PERIODIC CENSUSES AND PROGRAMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,155,000,000, to remain available until September 30, 2024: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, $3,556,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the Bureau of the Census. National telecommunications and information administration SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $65,000,000, to remain available until September 30, 2024: Provided, That, notwithstanding 31 U.S.C. 1535(d) , the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United states patent and trademark office SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,253,404,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2023, so as to result in a fiscal year 2023 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2023, should the total amount of such offsetting collections be less than $4,253,404,000, this amount shall be reduced accordingly: Provided further, That any amount received in excess of $4,253,404,000 in fiscal year 2023 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office Salaries and Expenses account: Provided further, That the budget of the President submitted for fiscal year 2024 under section 1105 of title 31, United States Code, shall include within amounts provided under this heading for necessary expenses of the USPTO any increases that are expected to result from an increase promulgated through rule or regulation in offsetting collections of fees and surcharges assessed and collected by the USPTO under any law in either fiscal year 2023 or fiscal year 2024: Provided further, That from amounts provided herein, not to exceed $13,500 shall be made available in fiscal year 2023 for official reception and representation expenses: Provided further, That in fiscal year 2023 from the amounts made available for Salaries and Expenses for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act ( Public Law 112–29 ): Provided further, That within the amounts appropriated, $2,450,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the USPTO. National institute of standards and technology SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the National Institute of Standards and Technology (NIST), $974,946,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund : Provided, That of the amounts appropriated under this heading, $47,457,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NIST External Projects in the explanatory statement accompanying this Act: Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants. INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology services, $270,000,000, to remain available until expended, of which $200,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $70,000,000 shall be for the Manufacturing USA Program. CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e ), $451,393,000, to remain available until expended: Provided, That of the amounts appropriated under this heading, $201,726,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NIST Extramural Construction in the explanatory statement accompanying this Act: Provided further, That up to one percent of amounts made available for the projects referenced in the preceding proviso may be used for the administrative costs of such projects: Provided further, That the Director of the National Institute of Standards and Technology shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall include in the budget justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. National oceanic and atmospheric administration OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,589,855,000, to remain available until September 30, 2024: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further, That in addition, $343,901,000 shall be derived by transfer from the fund entitled Promote and Develop Fishery Products and Research Pertaining to American Fisheries , which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program; Fisheries Data Collections, Surveys, and Assessments; Observers and Training; Fisheries Management Programs and Services; and Interjurisdictional Fisheries Grants: Provided further, That not to exceed $71,299,000 shall be for payment to the Department of Commerce Working Capital Fund : Provided further, That of the $4,956,506,000 provided for in direct obligations under this heading, $4,589,855,000 is appropriated from the general fund, $343,901,000 is provided by transfer, and $22,750,000 is derived from recoveries of prior year obligations: Provided further, That of the amounts appropriated under this heading, $61,934,000 shall be used for the projects, and in the amounts, specified in the table immediately following the paragraph NOAA Special Projects in the explanatory statement accompanying this Act: Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That, of the amounts appropriated under this heading, $750,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to National Weather Service operations: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary. PROCUREMENT, ACQUISITION AND CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,874,329,000, to remain available until September 30, 2025, except that funds provided for acquisition and construction of vessels and aircraft, and construction of facilities shall remain available until expended: Provided, That of the $1,887,329,000 provided for in direct obligations under this heading, $1,874,329,000 is appropriated from the general fund and $13,000,000 is provided from recoveries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials for fiscal year 2024 that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further, That, within the amounts appropriated, $3,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to satellite and vessel procurement, acquisition and construction. PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2024: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the federally recognized Tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of Tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. FISHERIES DISASTER ASSISTANCE For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson-Stevens Fishery Conservation and Management Act ( Public Law 94–265 ) and the Interjurisdictional Fisheries Act (title III of Public Law 99–659 ), $300,000. FISHERMEN'S CONTINGENCY FUND For carrying out the provisions of title IV of Public Law 95–372 , not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2023, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental management SALARIES AND EXPENSES For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $95,000,000: Provided, That no employee of the Department of Commerce may be detailed or assigned from a bureau or office funded by this Act or any other Act to offices within the Office of the Secretary of the Department of Commerce for more than 180 days in a fiscal year unless the individual's employing bureau or office is fully reimbursed for the salary and expenses of the employee for the entire period of assignment using funds provided under this heading: Provided further, That amounts made available to the Department of Commerce in this or any prior Act may not be transferred pursuant to section 508 of this or any prior Act to the account funded under this heading, except in the case of extraordinary circumstances that threaten life or property. RENOVATION AND MODERNIZATION For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,142,000. NONRECURRING EXPENSES FUND For necessary expenses for technology modernization projects and cybersecurity risk mitigation of the Department of Commerce, $50,000,000, to remain available until September 30, 2025: Provided, That amounts made available under this heading are in addition to such other funds as may be available for such purposes: Provided further, That any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93 , may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $49,771,000: Provided, That notwithstanding section 6413 of the Middle Class Tax Relief and Job Creation Act of 2012 ( Public Law 112–96 ), an additional $2,000,000, to remain available until expended, shall be derived from the Public Safety Trust Fund for activities associated with carrying out investigations and audits related to the First Responder Network Authority (FirstNet). General provisions—Department of commerce (INCLUDING TRANSFER OF FUNDS) 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 ), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324 , may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 ; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ), as amended by section 105 of title I of division B of Public Law 113–6 , are hereby adopted by reference and made applicable with respect to fiscal year 2023: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000, the life cycle cost of the Polar Follow On Program is $6,837,900,000, the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $11,700,100,000, and the life cycle cost for the Space Weather Follow On Program is $692,800,000. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. 109. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading National Oceanic and Atmospheric Administration—Operations, Research, and Facilities and shall remain available until September 30, 2024, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act. 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. 111. Amounts provided by this Act for the Hollings Manufacturing Extension Partnership under the heading National Institute of Standards and Technology—Industrial Technology Services shall not be subject to cost share requirements under 15 U.S.C. 278k(e)(2) : Provided, That the authority made available pursuant to this section shall be elective, in whole or in part, for any Manufacturing Extension Partnership Center that also receives funding from a State that is conditioned upon the application of a Federal cost sharing requirement. 112. The Secretary of Commerce, or the designee of the Secretary, may waive— (1) in whole or in part, the matching requirements under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 , 1455a, and 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading Operations, Research, and Facilities under the heading National Oceanic and Atmospheric Administration ; and (2) up to 50 percent of the matching requirements under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 , 1455a, and 1461) as necessary at the request of the grant applicant, for amounts made available under this Act under the heading Procurement, Acquisition and Construction under the heading National Oceanic and Atmospheric Administration . This title may be cited as the Department of Commerce Appropriations Act, 2023 . II DEPARTMENT OF JUSTICE General administration SALARIES AND EXPENSES For expenses necessary for the administration of the Department of Justice, $145,000,000, of which $4,000,000 shall remain available until September 30, 2024, and of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended. JUSTICE INFORMATION SHARING TECHNOLOGY (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $275,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $40,000,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Executive office for immigration review (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $950,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee account, and of which not less than $30,000,000 shall be available for services and activities provided by the Legal Orientation Program: Provided, That not to exceed $50,000,000 of the total amount made available under this heading shall remain available until September 30, 2027. Office of inspector general For necessary expenses of the Office of Inspector General, $139,856,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character: Provided, That not to exceed $4,000,000 shall remain available until September 30, 2024. United States parole commission SALARIES AND EXPENSES For necessary expenses of the United States Parole Commission as authorized, $14,591,000: Provided, That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed. Legal activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $1,100,000,000, of which not to exceed $50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided, That of the amount provided for INTERPOL Washington dues payments, not to exceed $685,000 shall remain available until expended: Provided further, That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That of the total amount appropriated, not to exceed $9,000 shall be available to the Criminal Division for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to Salaries and Expenses, General Legal Activities from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 52 U.S.C. 10305 ) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended: Provided further, That any funds provided under this heading in prior year appropriations Acts that remain available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 52 U.S.C. 10305 ) may also be used to carry out any authorized purposes of the Civil Rights Division: Provided further, That amounts repurposed by the preceding proviso may not be used to increase the number of permanent positions. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $31,738,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended. SALARIES AND EXPENSES, ANTITRUST DIVISION For expenses necessary for the enforcement of antitrust and kindred laws, $225,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $190,000,000 in fiscal year 2023), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $35,000,000. SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,565,000,000: Provided, That of the total amount appropriated, not to exceed $19,600 shall be available for official reception and representation expenses: Provided further, That not to exceed $40,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking. UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee Program, as authorized, $260,277,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits of discretionary offsetting collections to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees deposited into the Fund as discretionary offsetting collections pursuant to section 589a of title 28, United States Code (as limited by section 589a(f)(2) of title 28, United States Code), shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That to the extent that fees deposited into the Fund as discretionary offsetting collections in fiscal year 2023, net of amounts necessary to pay refunds due depositors, exceed $260,277,000, those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2023, net of amounts necessary to pay refunds due depositors, (estimated at $269,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund as discretionary offsetting collections in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at $0. SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,504,000. FEES AND EXPENSES OF WITNESSES For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $35,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act. SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Community Relations Service, $25,024,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States marshals service SALARIES AND EXPENSES For necessary expenses of the United States Marshals Service, $1,730,000,000, of which not to exceed $20,000 shall be available for official reception and representation expenses, and not to exceed $25,000,000 shall remain available until expended. CONSTRUCTION For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $19,260,000, to remain available until expended. FEDERAL PRISONER DETENTION For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,150,000,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered funds appropriated for State and local law enforcement assistance pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System. National security division SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses necessary to carry out the activities of the National Security Division, $128,000,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency law enforcement INTERAGENCY CRIME AND DRUG ENFORCEMENT For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. Federal bureau of investigation SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $10,741,900,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, That not to exceed $284,000 shall be available for official reception and representation expenses. CONSTRUCTION For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $662,000,000, to remain available until expended. Drug enforcement administration SALARIES AND EXPENSES For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,565,116,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided, That, notwithstanding section 3672 of Public Law 106–310 , up to $10,000,000 may be used to reimburse States, units of local government, Indian Tribal Governments, other public entities, and multi-jurisdictional or regional consortia thereof for expenses incurred to clean up and safely dispose of substances associated with clandestine methamphetamine laboratories, conversion and extraction operations, tableting operations, or laboratories and processing operations for fentanyl and fentanyl-related substances which may present a danger to public health or the environment. Bureau of alcohol, tobacco, firearms and explosives SALARIES AND EXPENSES For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,650,000,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until expended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments. CONSTRUCTION For necessary expenses related to construction of laboratory facilities, to include the cost of equipment, furniture, and information technology requirements; construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of federally owned buildings; and preliminary planning and design of projects; $75,000,000, to remain available until expended. Federal prison system SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,100,000,000: Provided, That not less than $409,483,000 shall be for the programs and activities authorized by the First Step Act of 2018 ( Public Law 115–391 ): Provided further, That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available until expended for necessary operations: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. BUILDINGS AND FACILITIES For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $179,300,000, to remain available until expended: Provided, That labor of United States prisoners may be used for work performed under this appropriation. FEDERAL PRISON INDUSTRIES, INCORPORATED The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and local law enforcement activities Office on violence against women VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) ( the 1968 Act ); the Indian Civil Rights Act of 1968 ( Public Law 90–284 ) ( the Indian Civil Rights Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ) ( the 1974 Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ) ( the 2000 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Justice for Victims of Trafficking Act of 2015 ( Public Law 114–22 ) ( the 2015 Act ); the Abolish Human Trafficking Act ( Public Law 115–392 ); and the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103 ) ( the 2022 Act ); and for related victims services, $732,000,000, to remain available until expended: Provided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided— (1) $230,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $53,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, and statistics of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (4) $20,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence, of which $4,000,000 is to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $65,500,000 is for grants to improve the criminal justice response as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative, up to $4,000,000 is for a domestic violence lethality reduction initiative, $5,000,000 is for an initiative to promote effective policing and prosecution responses to domestic violence, dating violence, sexual assault, and stalking, including evaluation of the effectiveness of funded interventions, and $3,000,000 is for an initiative to enhance prosecution and investigation of online abuse and harassment: Provided, That subsections 2101(c) and (d) of the 1968 Act shall not apply to these initiatives; (6) $100,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $58,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $25,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act, of which $12,500,000 is for grants to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal colleges and universities; (9) $55,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $10,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $25,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $16,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided, That such funds may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $15,000,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as authorized by section 204 of the Indian Civil Rights Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to grants made; (17) $1,500,000 is for the purposes authorized under the 2015 Act; (18) $15,000,000 is for a pilot program on restorative practices, including evaluations of those practices, as authorized by section 109 of the 2022 Act; (19) $4,000,000 is for a National Deaf Services Line to provide remote services to Deaf victims of domestic violence, dating violence, sexual assault, and stalking: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this service line; (20) $10,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; (21) $5,000,000 is for is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; (22) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United States Attorneys: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (23) $4,000,000 is for an initiative to provide financial assistance to victims, including evaluation of the effectiveness of funded projects: Provided, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this initiative; (24) $5,000,000 is for the purposes authorized under section 205 of the 2022 Act; (25) $5,000,000 is for grants to States that have in place a law that provides to sexual assault survivors the rights under section 3772 of title 18, United States Code; and (26) $2,000,000 is for a pilot program to improve victim services on college campuses. Office of justice programs RESEARCH, EVALUATION AND STATISTICS For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Missing Children's Assistance Act ( 34 U.S.C. 11291 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ) ( the PROTECT Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); subtitle C of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ) ( PREA ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ); the First Step Act of 2018 ( Public Law 115–391 ); and other programs, $88,000,000, to remain available until expended, of which— (1) $45,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; and (2) $43,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activities authorized by or consistent with the First Step Act of 2018, of which $1,200,000 is for a study on certain school-based crimes and $1,000,000 is for a study on law enforcement and community agency responses to opioid overdoses. STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( Public Law 90–351 ) ( the 1968 Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Trafficking Victims Protection Reauthorization Act of 2005 ( Public Law 109–164 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); subtitle C of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) ( CARA ); the Justice for All Reauthorization Act of 2016 ( Public Law 114–324 ); Kevin and Avonte’s Law (division Q of Public Law 115–141 ) ( Kevin and Avonte’s Law ); the Keep Young Athletes Safe Act of 2018 (title III of division S of Public Law 115–141 ) ( the Keep Young Athletes Safe Act ); the STOP School Violence Act of 2018 (title V of division S of Public Law 115–141 ) ( the STOP School Violence Act ); the Fix NICS Act of 2018 (title VI of division S of Public Law 115–141 ); the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( Public Law 115–185 ); the SUPPORT for Patients and Communities Act ( Public Law 115–271 ); the Second Chance Reauthorization Act of 2018 ( Public Law 115–391 ); the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ( Public Law 111–84 ); the Ashanti Alert Act of 2018 ( Public Law 115–401 ); the Missing Persons and Unidentified Remains Act of 2019 ( Public Law 116–277 ); the Jabara-Heyer NO HATE Act ( 34 U.S.C. 30507 ); the Violence Against Women Act Reauthorization Act of 2022 (division W of Public Law 117–103 ) ( the 2022 Act ); and other programs, $2,394,500,000, to remain available until expended as follows— (1) $815,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $13,000,000 is for an Officer Robert Wilson III memorial initiative on Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $5,000,000 is for the operation, maintenance, and expansion of the National Missing and Unidentified Persons System; (C) $10,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities; (D) $5,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315 ; (E) $15,500,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ); (F) $3,000,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte's Law; (G) $20,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 ( Public Law 115–185 ); (H) $15,000,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 , and for grants for wrongful conviction review; (I) $3,000,000 is for a national center on restorative justice; (J) $1,000,000 is for the purposes of the Ashanti Alert Communications Network as authorized under the Ashanti Alert Act of 2018 ( Public Law 115–401 ); (K) $3,500,000 is for a grant program to replicate family-based alternative sentencing pilot programs; (L) $2,000,000 is for a grant program to support child advocacy training in post-secondary education; (M) $8,000,000 is for a rural violent crime initiative, including assistance for law enforcement; (N) $7,500,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 ( Public Law 116–277 ); (O) $4,000,000 is for a drug data research center to combat opioid abuse; (P) $3,000,000 is for grants to accredited institutions of higher education to support forensic ballistics programs; (Q) $5,000,000 is for the purposes authorized under section 1506 of the 2022 Act; (R) $5,000,000 is for a program to improve virtual training for law enforcement; and (S) $102,430,000 is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be used for the projects, and in the amounts, specified under the heading, Byrne Discretionary Grants , in the explanatory statement accompanying this Act: Provided, That such amounts may not be transferred for any other purpose; (2) $100,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(I)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(I)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $100,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386 , for programs authorized under Public Law 109–164 , or programs authorized under Public Law 113–4 ; (4) $13,000,000 for a grant program to prevent and address economic, high technology, white collar, and Internet crime, including as authorized by section 401 of Public Law 110–403 , of which not less than $2,500,000 is for intellectual property enforcement grants including as authorized by section 401, and $2,000,000 is for grants to develop databases on Internet of Things device capabilities and to build and execute training modules for law enforcement; (5) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (6) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 shall be transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing, and evaluation programs; (7) $1,000,000 for the National Sex Offender Public Website; (8) $125,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ) and Fix NICS Act of 2018; (9) $35,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (10) $173,000,000 for DNA-related and forensic programs and activities, of which— (A) $132,000,000 is for section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( Public Law 106–546 ),the Debbie Smith DNA Backlog Grant Program: Provided, That not less than 5 percent, but not more than 7 percent, of the funds made available under this subparagraph shall be for subsection (a)(9) of such section; (B) $20,000,000 for other local, State, and Federal forensic activities; (C) $15,000,000 is for section 412 of Public Law 108–405 , the Kirk Bloodsworth Post Conviction DNA Testing Grant Program; and (D) $6,000,000 is for section 304 of Public Law 108–405 , the Sexual Assault Nurse Examiner Training Program Grants; (11) $75,000,000 for community-based grant programs to improve the response to sexual assault, including assistance for investigation and prosecution of related cold cases; (12) $15,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (13) $65,000,000 for assistance to Indian Tribes; (14) $125,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 ) and by the Second Chance Reauthorization Act of 2018 ( Public Law 115–391 ), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed— (A) $8,000,000 is for a program to improve State, local, and Tribal probation or parole supervision efforts and strategies; (B) $5,000,000 is for children of incarcerated parents demonstration programs to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy; (C) $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall be used for a project that provides training, technical assistance, and best practices; and (D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the Crisis Stabilization and Community Reentry Act of 2020 ( Public Law 116–281 ): Provided , That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model and reentry housing; (15) $455,000,000 for comprehensive opioid abuse reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance use disorders consistent with underlying program authorities, of which— (A) $95,000,000 is for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $45,000,000 is for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); (C) $45,000,000 is for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (D) $35,000,000 is for a veterans treatment courts program; (E) $35,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and (F) $200,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program; (16) $2,500,000 for a competitive grant program authorized by the Keep Young Athletes Safe Act; (17) $82,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes authorized under the STOP School Violence Act; (18) $3,000,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses involving civil rights, authorized by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 ( Public Law 114–325 ); (19) $15,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes, as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ( Public Law 111–84 ); (20) $10,000,000 for grants to support community-based approaches to advancing justice and reconciliation, facilitating dialogue between all parties, building local capacity, de-escalating community tensions, and preventing hate crimes through conflict resolution and community empowerment and education; (21) $10,000,000 for programs authorized under the Jabara-Heyer NO HATE Act ( 34 U.S.C. 30507 ); (22) $35,000,000 for a competitive matching grant program for purchases of body-worn cameras for State, local, and Tribal law enforcement; (23) $40,000,000 for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; and (24) $50,000,000 for a community violence intervention and prevention initiative: Provided , That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service: Provided further, That in the spending plan submitted pursuant to section 528 of this Act, the Office of Justice Programs shall specifically and explicitly identify all changes in the administration of competitive grant programs for fiscal year 2023, including changes to applicant eligibility, priority areas or weightings, and the application review process. JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Missing Children's Assistance Act ( 34 U.S.C. 11291 et seq. ); the PROTECT Act ( Public Law 108–21 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ) ( the 2013 Act ); the Justice for All Reauthorization Act of 2016 ( Public Law 114–324 ); the Missing Children’s Assistance Act of 2018 ( Public Law 115–267 ); the Juvenile Justice Reform Act of 2018 ( Public Law 115–385 ); the Victims of Crime Act of 1984 (chapter XIV of title II of Public Law 98–473 ) ( the 1984 Act ); the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ); and other juvenile justice programs, $471,000,000, to remain available until expended as follows— (1) $90,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local, and Tribal juvenile justice residential facilities; (2) $110,000,000 for youth mentoring grants; (3) $78,500,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $5,000,000 shall be for grants to prevent trafficking of girls; (B) $20,000,000 shall be for the Tribal Youth Program; (C) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; (D) $6,500,000 shall be for competitive grants focusing on girls in the juvenile justice system; (E) $16,000,000 shall be for an initiative relating to youth affected by opioids, stimulants, and substance use disorder; (F) $15,000,000 shall be for an initiative relating to children exposed to violence; and (G) $5,000,000 shall be for grants to protect vulnerable and at-risk youth; (4) $50,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $110,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 ) shall not apply for purposes of this Act); (6) $5,000,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; (7) $2,500,000 for a program to improve juvenile indigent defense; and (8) $25,000,000 for an initiative relating to alternatives to youth incarceration: Provided , That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs. PUBLIC SAFETY OFFICER BENEFITS (INCLUDING TRANSFER OF FUNDS) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to Public Safety Officer Benefits from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Community oriented policing services COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the American Law Enforcement Heroes Act of 2017 ( Public Law 115–37 ); the Law Enforcement Mental Health and Wellness Act ( Public Law 115–113 ) ( the LEMHW Act ); the SUPPORT for Patients and Communities Act ( Public Law 115–271 ); and the Supporting and Treating Officers In Crisis Act of 2019 ( Public Law 116–32 ) ( the STOIC Act ), $583,711,000, to remain available until expended: Provided, That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading— (1) $307,000,000 is for grants under section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (I) of such section: Provided, That, notwithstanding section 1704(c) of such title ( 34 U.S.C. 10384(c) ), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further, That of the amounts appropriated under this paragraph, $40,000,000 is for improving Tribal law enforcement, including hiring, equipment, training, anti-methamphetamine activities, and anti-opioid activities: Provided further, That of the amounts appropriated under this paragraph $48,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with Research, Evaluation, and Statistics for administration by the Office of Justice Programs: Provided further, That of the amounts appropriated under this paragraph, no less than $6,000,000 is to support the Tribal Access Program: Provided further, That of the amounts appropriated under this paragraph, $10,000,000 is for training, peer mentoring, mental health program activities, and other support services as authorized under the LEMHW Act and the STOIC Act: Provided further, That of the amounts appropriated under this paragraph, $7,500,000 is for the collaborative reform model of technical assistance in furtherance of section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ); (2) $11,000,000 is for activities authorized by the POLICE Act of 2016 ( Public Law 114–199 ); (3) $20,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers; (4) $40,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided, That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration; (5) $53,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141 ); (6) $60,000,000 is for community policing development activities in furtherance of section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 ); and (7) $92,711,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment, which shall be used for the projects, and in the amounts, specified under the heading, COPS Law Enforcement Technology and Equipment , in the explanatory statement accompanying this Act: Provided, That such amounts may not be transferred for any other purpose: Provided further, That grants funded by such amounts shall not be subject to section 1703 of title I of the 1968 Act ( 34 U.S.C. 10383 ). General Provisions—Department of Justice (INCLUDING TRANSFER OF FUNDS) 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That this section shall not apply to the following— (1) paragraph (1)(S) under the heading State and Local Law Enforcement Assistance ; and (2) paragraph (7) under the heading Community Oriented Policing Services Programs . 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement accompanying this Act, and to any use of deobligated balances of funds provided under this title in previous years. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics , State and Local Law Enforcement Assistance , and Juvenile Justice Programs — (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. This section shall not apply to paragraph (1)(S) under the heading State and Local Law Enforcement Assistance . 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2020 through 2023 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10631 et seq. ), the requirements under section 2976(g)(1) of such part ( 34 U.S.C. 10631(g)(1) ). (2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30305(c)(3) ), the requirements of section 6(c)(3) of such Act. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12109(a) ) shall not apply to amounts made available by this or any other Act. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 ), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2023, except up to $12,000,000 may be obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2023, and any use, obligation, transfer, or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2023, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year. 218. The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2022. 219. Section 3201 of Public Law 101–647 , as amended ( 28 U.S.C. 509 note), is hereby amended: (1) by striking or the Immigration and Naturalization Service and inserting the Federal Prison System, the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the United States Marshals Service ; and (2) by striking $25,000 and inserting $50,000 . 220. Not later than one year after the date of the enactment of this Act, the Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and the Committees on the Judiciary of the House of Representatives and of the Senate, a report assessing compliance by the Department of Justice with section 4712 of title 42, United States Code, and section 3.908–9 of the Federal Acquisition Regulation. This report shall further describe the implementation status, and all actions taken in response to, recommendations related to whistleblower protection from the Government Accountability Office and the Department of Justice Office of Inspector General. This title may be cited as the Department of Justice Appropriations Act, 2023 . III Science Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $7,700,000. National space council For necessary expenses of the National Space Council, in carrying out the purposes of title V of Public Law 100–685 and Executive Order No. 13803, hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, $1,965,000: Provided, That notwithstanding any other provision of law, the National Space Council may accept personnel support from Federal agencies, departments, and offices, and such Federal agencies, departments, and offices may detail staff without reimbursement to the National Space Council for purposes provided herein. National aeronautics and space administration SCIENCE For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $8,045,700,000, to remain available until September 30, 2024. AERONAUTICS For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $971,500,000, to remain available until September 30, 2024. SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $1,263,850,000, to remain available until September 30, 2024: Provided, That $110,000,000 shall be for the development, production, and demonstration of a nuclear thermal propulsion system, of which not less than $45,000,000 shall be for reactor development, not less than $45,000,000 shall be for fuel materials development, and not less than $20,000,000 shall be for non-nuclear systems development and acquisition planning: Provided further, That, not later than 180 days after the enactment of this Act, the National Aeronautics and Space Administration shall provide a plan for the design of a flight demonstration. EXPLORATION For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,547,750,000, to remain available until September 30, 2024: Provided, That not less than $1,338,700,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not less than $2,600,000,000 shall be for the Space Launch System (SLS) launch vehicle, which shall have a lift capability not less than 130 metric tons and which shall have core elements and an Exploration Upper Stage developed simultaneously to be used to the maximum extent practicable, including for Earth to Moon missions and Moon landings: Provided further, That of the amounts provided for SLS, not less than $600,000,000 shall be for SLS Block 1B development including the Exploration Upper Stage and associated systems including related facilitization, to support an SLS Block 1B mission available to launch in 2025 in addition to the planned Block 1 missions for Artemis 1 through Artemis 3: Provided further, That $799,150,000 shall be for Exploration Ground Systems and associated Block 1B activities, including up to $281,350,000 for a second mobile launch platform: Provided further, That the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and associated ground systems that will ensure a crewed launch as early as possible, as well as a system-based funding profile for a sustained launch cadence that contemplates the use of an SLS Block 1B cargo variant with an 8.4 meter fairing and associated ground systems: Provided further, That $2,600,300,000 shall be for exploration research and development. SPACE OPERATIONS For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,293,500,000, to remain available until September 30, 2024. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $150,100,000, to remain available until September 30, 2024, of which $26,000,000 shall be for the Established Program to Stimulate Competitive Research and $57,000,000 shall be for the National Space Grant College and Fellowship Program. SAFETY, SECURITY AND MISSION SERVICES For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,228,700,000, to remain available until September 30, 2024: Provided, That if available balances in the Science, Space, and Technology Education Trust Fund are not sufficient to provide for the grant disbursements required under the third and fourth provisos under such heading in the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1989 ( Public Law 100–404 ) as amended by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1995 ( Public Law 103–327 ) up to $1,000,000 shall be available from amounts made available under this heading to make such grant disbursements: Provided further, That of the amounts appropriated under this heading, $27,246,000 shall be used for the projects, and in the amounts, specified in the table under the heading NASA Special Projects in the explanatory statement accompanying this Act: Provided further, That the amounts made available for the projects referenced in the preceding proviso may not be transferred for any other purpose. CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $424,300,000, to remain available until September 30, 2028: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2023 in an amount not to exceed $25,000,000: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $48,400,000, of which $500,000 shall remain available until September 30, 2024. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any funds transferred to Construction and Environmental Compliance and Restoration for construction activities shall not increase that account by more than 20 percent and any funds transferred to or within Exploration for Exploration Ground Systems shall not increase Exploration Ground Systems by more than $100,000,000. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2023 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Not more than 20 percent or $25,000,000, whichever is less, of the amounts made available in the current-year Construction and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’ CECR appropriations. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this act and shall not be available for obligation except in compliance with the procedures set forth in that section. Of the amounts made available in this Act under the heading Science, Technology, Engineering, and Mathematics Engagement ( STEM Engagement ), up to $5,000,000 shall be available to jointly fund, with an additional amount of up to $1,000,000 each from amounts made available in this Act under the headings Science , Aeronautics , Space Technology , Exploration , and Space Operations , projects and activities for engaging students in STEM and increasing STEM research capacities of universities, including Minority Serving Institutions. Of the amounts made available in this Act for the Orion Multi-Purpose Crew Vehicle, up to $342,000,000 may be transferred to Space Operations for Orion Production and Operations only for items associated with Artemis 4 and subsequent missions. The authority provided by this paragraph is in addition to the authority provided by the second paragraph under this heading. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Section 30102(b) of title 51, United States Code, is amended by: (1) Redesignating existing paragraph (3) to (4); and (2) Inserting, after paragraph (2), the following: (3) Information technology (IT) modernization The fund shall also be available for the purpose of funding IT Modernization activities, as described in section 1077(b)(3)(A)–(E) of Public Law 115–91 , on a non-reimbursable basis. . Not to exceed $18,162,000 made available for the current fiscal year in this Act within Safety, Security and Mission Services may be transferred to the Working Capital Fund of the National Aeronautics and Space Administration. Balances so transferred shall be available until expended only for activities described in section 30102(b)(3) of title 51, United States Code, as amended by this Act, and shall remain available until expended. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. National science foundation RESEARCH AND RELATED ACTIVITIES For necessary expenses in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $8,321,907,000, to remain available until September 30, 2024, of which not to exceed $640,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including authorized travel, $187,230,000, to remain available until expended. STEM EDUCATION For necessary expenses in carrying out science, mathematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $1,327,180,000, to remain available until September 30, 2024. AGENCY OPERATIONS AND AWARD MANAGEMENT For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $473,200,000: Provided, That not to exceed $8,280 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2023 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ) and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ), $5,090,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $23,393,000, of which $400,000 shall remain available until September 30, 2024. NSF NONRECURRING EXPENSES FUND (INCLUDING TRANSFER OF FUNDS) There is hereby established in the Treasury of the United States a fund to be known as the National Science Foundation Nonrecurring Expenses Fund (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the National Science Foundation by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements, including nonrecurring maintenance, necessary for the operation of the Foundation or its funded research facilities, subject to approval by the Office of Management and Budget: Provided further, That amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000. This title may be cited as the Science Appropriations Act, 2023 . IV RELATED AGENCIES Commission on civil rights SALARIES AND EXPENSES For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $13,850,000: Provided, That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a ): Provided further, That notwithstanding the preceding proviso, $1,500,000 shall be used to separately fund the Commission on the Social Status of Black Men and Boys. Equal employment opportunity commission SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 ( Public Law 110–233 ), the ADA Amendments Act of 2008 ( Public Law 110–325 ), and the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $31,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $460,000,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair may accept and use any gift or donation to carry out the work of the Commission. International trade commission SALARIES AND EXPENSES For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $122,400,000, to remain available until expended. Legal services corporation PAYMENT TO THE LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $539,000,000, of which $495,800,000 is for basic field programs and required independent audits; $5,700,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $25,500,000 is for management and grants oversight; $5,000,000 is for client self-help and information technology; $5,000,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act ( 42 U.S.C. 2996d(d) ): Provided further, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 2023, respectively: Provided, That for the purposes of applications of such sections 501 and 502, any requirement relating to the proportion of attorneys serving on the governing body of an entity providing legal assistance shall be deemed to be satisfied if at least 33 percent of such governing body is composed of attorneys otherwise meeting the criteria established by section 1007(c) of the Legal Services Corporation Act ( 42 U.S.C. 2996f(c) ), and section 502(2)(b)(ii) of Public Law 104–134 shall not apply. Marine mammal commission SALARIES AND EXPENSES For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), $4,500,000. Office of the united states trade representative SALARIES AND EXPENSES For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $61,540,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses: Provided further, That of the total amount made available under this heading, $5,000,000 shall not be available until the United States Trade Representative has certified to the Committees on Appropriations of the House of Representatives and the Senate, in writing, that a process pursuant to which United States entities and associations of those entities may request the exclusion of articles from duties imposed pursuant to the investigation initiated under section 301 of the Trade Act of 1974 ( 19 U.S.C. 2411 ) on August 18, 2017, and with respect to which notice was published in the Federal Register on August 24, 2017 (82 Fed. Reg. 40213), has been established. TRADE ENFORCEMENT TRUST FUND (INCLUDING TRANSFER OF FUNDS) For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4405 ), including transfers, $15,000,000, to be derived from the Trade Enforcement Trust Fund: Provided, That any transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act. State justice institute SALARIES AND EXPENSES For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 ( 42 U.S.C. 10701 et seq. ) $7,640,000, of which $500,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. V GENERAL PROVISIONS (INCLUDING RESCISSIONS) (INCLUDING TRANSFER OF FUNDS) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 ( 34 U.S.C. 20101 ) in any fiscal year in excess of $1,750,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation, 5 percent shall be available to the Office for Victims of Crime for grants, consistent with the requirements of the Victims of Crime Act, to Indian Tribes to improve services for victims of crime. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems unless the agency has— (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 516. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement. 517. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 519. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 ) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for fiscal year 2023. 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (RESCISSIONS) 521. (a) Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2023, from the following accounts in the specified amounts— (1) Federal Prison System, Buildings and Facilities , $520,000,000; (2) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs , $15,000,000; (3) State and Local Law Enforcement Activities, Office of Justice Programs , $75,000,000; and (4) State and Local Law Enforcement Activities, Community Oriented Policing Services , $15,000,000. (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2023, from the following account in the specified amounts: Working Capital Fund , $100,000,000. (c) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2023, specifying the amount of each rescission made pursuant to subsections (a) and (b). (d) The amounts rescinded in subsection (a) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 522. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 523. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— (1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination. 524. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 525. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation. 526. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 527. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. 528. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act. 529. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. 530. None of the funds made available by this Act may be used in contravention of section 7606 ( Legitimacy of Industrial Hemp Research ) of the Agricultural Act of 2014 ( Public Law 113–79 ) by the Department of Justice or the Drug Enforcement Administration. 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. 533. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 ) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any Territory or possession of the United States. 534. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 535. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin curios or relics firearms, parts, or ammunition. 536. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 537. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. 538. Funds made available to the Department of Commerce and under the heading Department of Justice—Federal Bureau of Investigation—Salaries and Expenses in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and under the heading Department of Justice—Federal Bureau of Investigation—Salaries and Expenses in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i)(2) ): Provided, That payments made pursuant to the matter preceding this proviso may not exceed $2,000,000 for the Department of Commerce and $5,000,000 for the Federal Bureau of Investigation. 539. None of the funds made available by this Act to the Department of Justice may be used to investigate or prosecute any individual that (i) crosses state lines to access abortion services or (ii) provides assistance to another individual to obtain abortion services. 540. (a) The remaining unobligated balances of funds as of September 30, 2023, from amounts made available to Office of the United States Trade Representative—Salaries and Expenses in title IX of the United States-Mexico-Canada Agreement Implementation Act ( Public Law 116–113 ), are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until September 30, 2024, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law 116–113 , except that all references to 2023 under such heading in Public Law 116–113 shall be deemed to refer instead to 2024 . (b) The remaining unobligated balances of funds as of September 30, 2023, from amounts made available to Office of the United States Trade Representative—Trade Enforcement Trust Fund in title IX of the United States-Mexico-Canada Agreement Implementation Act ( Public Law 116–113 ), are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until September 30, 2024, and shall be available for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which the funds were originally provided in Public Law 116–113 , except that the reference to 2023 under such heading in Public Law 116–113 shall be deemed to refer instead to 2024 . (c) The amounts rescinded pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. (d) Each amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4664is/xml/BILLS-117s4664is.xml |
117-s-4665 | II 117th CONGRESS 2d Session S. 4665 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Markey (for himself, Mr. Blumenthal , Ms. Warren , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for cash refunds for canceled airline flights and tickets.
1. Short title This Act may be cited as the Cash Refunds for Flight Cancellations Act of 2022 . 2. Cash refunds for canceled airline flights and tickets (a) In general Chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Cash refunds for canceled airline flights and tickets (a) Cash refunds (1) Requirement (A) In general Subject to subparagraph (B), a covered carrier or ticket agent who sells a ticket for a passenger to take a covered flight, and either such flight is canceled or significantly delayed (as defined by the Secretary of Transportation) by the covered carrier or such ticket is canceled by the passenger at least 48 hours before the scheduled departure of the flight, shall offer the passenger a full cash refund for such ticket, including any ancillary fees paid, within 30 days of the passenger making the request. (B) Limitation A covered carrier or ticket agent shall only be required to offer a cash refund under subparagraph (A) for 1 flight booked by a passenger on any city-pair itinerary on any given date. (2) Alternative form of compensation (A) In general A covered carrier or ticket agent may offer an alternative form of compensation determined appropriate by the covered carrier or ticket agent, including a credit, a voucher, or other mechanism to compensate a passenger, provided that any such offer includes a clear and conspicuous notice of a passenger’s right to a cash refund under paragraph (1). (B) No expiration date An alternative form of compensation provided pursuant to subparagraph (A) shall remain valid and redeemable by the passenger indefinitely. (3) Retroactive refunds In the case of a passenger who— (A) received an alternative form of compensation during the period beginning on March 1, 2020, and ending on the day prior to the date of enactment of this Act for a covered flight or ticket for a covered flight canceled by the covered carrier or by the passenger; and (B) has not fully used such alternative compensation, such passenger may request a cash refund to replace the alternative compensation, or the remaining alternative compensation if the passenger has used part of the alternative compensation, and the covered carrier or ticket agent shall comply with such request within 30 days of receiving such request. (4) Reimbursement to ticket agent A ticket agent who provides a cash refund to a passenger under this section, including a retroactive refund under paragraph (3), shall be entitled to prompt reimbursement from any covered carrier for the portion of the ticket price paid to that carrier. (b) Funding (1) In general Subject to paragraph (2), a covered carrier or ticket agent may use amounts appropriated or otherwise made available to the commercial airline industry in any appropriations enacted on or after March 1, 2020, in response to COVID–19 to pay for the cash refunds under subsection (a), including retroactive refunds under paragraph (3) of such subsection. (2) Limitation A covered carrier may not use amounts appropriated under section 4112 of the Coronavirus Economic Stabilization Act of 2020 (title IV of division A of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 )) to pay for the cash refunds under subsection (a), including retroactive refunds under paragraph (3) of such subsection. (c) Disclosure (1) Prior to purchase Prior to the sale of a ticket for passenger to take a covered flight, a covered carrier or ticket agent shall disclose, in writing in written or electronic communication, that the passenger has a right to cancel their ticket at any time for any reason and receive a full cash refund. (2) Cancelled or significantly delayed flight In the case of a covered carrier or ticket agent who sells a ticket for a passenger to take a covered flight, if such flight is canceled or significantly delayed (as defined by the Secretary of Transportation) by the covered carrier or such ticket is canceled by the passenger at least 48 hours before the scheduled departure of the flight, the covered carrier or ticket agent shall disclose, in writing in written or electronic communication, that the passenger has a right to receive a full cash refund for their ticket. (3) Requirements for disclosure Any written or electronic disclosure under paragraph (1) or (2) shall be in a clear and conspicuous format. (d) Definitions In this section: (1) Air carrier, foreign air carrier, ticket agent, and United States The terms air carrier, foreign air carrier, ticket agent, and United States have the meanings given those terms in section 40102. (2) Covered carrier The term covered carrier means— (A) any passenger air carrier that had an operating revenue in 2018 that exceeded $1,500,000,000 according to the Bureau of Transportation Statistics; or (B) any passenger foreign air carrier operating a flight to or from the United States. (3) Covered flight The term covered flight means a flight of a covered carrier that is scheduled to depart from, or arrive at, an airport located in the United States. . (b) Enforcement Section 46301 of title 49, United States Code, is amended by adding at the end the following new subsection: (j) Penalties relating to cash refunds for canceled airline flights and tickets An air carrier or ticket agent that violates section 41727 shall be liable to the Government for a civil penalty of $1,000 for each violation. . (c) Clerical amendment The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41727. Cash refunds for canceled airline flights and tickets. . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s4665is/xml/BILLS-117s4665is.xml |
117-s-4666 | II 117th CONGRESS 2d Session S. 4666 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Feinstein (for herself, Mr. Padilla , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a deduction for attorney fees awarded with respect to certain wildfire damages and to exclude from gross income settlement funds received with respect to such damages.
1. Above the line deduction for attorney fees relating to awards for property damage due to certain wildfires (a) In general Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Attorney fees and court costs relating to awards with respect to certain wildfires (A) In general Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award with respect to a qualifying wildfire disaster. The preceding sentence shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of a judgment or settlement (whether by suit or agreement and whether as lump sum or periodic payments) resulting from such claim. (B) Qualifying wildfire disaster For purposes of subparagraph (A), the term qualifying wildfire disaster means any forest or range fire that— (i) is a federally declared disaster (as defined in section 165(i)(5)(A)), (ii) occurs in a disaster area (as defined in section 165(i)(5)(B)), and (iii) occurs in calendar year 2015 or later. . (b) Effective date The amendment made by this section shall apply to attorney fees and court costs awarded after May 31, 2020. 2. Exclusion of certain wildfire settlement proceeds from gross income (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: 139J. Certain wildfire settlement proceeds (a) In general Gross income shall not include amounts paid by a qualified settlement fund established to compensate victims for losses or damages in connection with a qualifying wildfire disaster (as defined in section 62(a)(22)(B)). (b) Qualified settlement fund The term qualified settlement fund has the meaning given such term in Treasury Regulation 1.468B–1. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: Sec. 139J. Wildfire settlement proceeds. . (c) Effective date The amendment made by this section shall apply to amounts paid after May 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s4666is/xml/BILLS-117s4666is.xml |
117-s-4667 | II 117th CONGRESS 2d Session S. 4667 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Baldwin (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Foreign Investment Disclosure Act of 1978 to require additional reporting and public disclosure of information.
1. Short title This Act may be cited as the Farmland Security Act of 2022 . 2. Reports and public availability of information on foreign investment in agricultural land (a) Reports Section 6 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3505 ) is amended— (1) by striking the section designation and heading and all that follows through Not later than and inserting the following: 6. Reports (a) To States Not later than ; and (2) by adding at the end the following: (b) To Congress Not later than 180 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to Congress a report on foreign investments in agricultural land in the United States, including a description of the impact that foreign ownership of agricultural land has on family farms, rural communities, and the domestic food supply. . (b) Public availability of information Section 7 of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3506 ) is amended to read as follows: 7. Public database (a) In general Not later than 180 days after the date of enactment of the Farmland Security Act of 2022 , the Secretary shall establish, and make publicly available on the Department of Agriculture website, a database that— (1) contains data from each report submitted to the Secretary under section 2 in the preceding calendar year; and (2) not later than 10 days after the submission of any report under section 2, shall be updated with the data in that report. (b) Database organization The database described in paragraph (1) shall organize information into the following categories with respect to a foreign person who has submitted a report under section 2: (1) If the foreign person is an individual, the citizenship of the foreign person. (2) If the foreign person is not an individual or a government— (A) the nature of the legal entity that is the foreign person; (B) the country in which the foreign person is registered or organized; and (C) the principal place of business of the foreign person. . | https://www.govinfo.gov/content/pkg/BILLS-117s4667is/xml/BILLS-117s4667is.xml |
117-s-4668 | III 117th CONGRESS 2d Session S. 4668 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Heinrich (for himself and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 400 North Main Street in Belen, New Mexico, as the U.S. Senator Dennis Chávez Post Office .
1. U.S. Senator Dennis Chávez 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 Chávez Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the U.S. Senator Dennis Chávez Post Office . | https://www.govinfo.gov/content/pkg/BILLS-117s4668is/xml/BILLS-117s4668is.xml |
117-s-4669 | II 117th CONGRESS 2d Session S. 4669 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish the Western Riverside National Wildlife Refuge, and for other purposes.
1. Short title This Act may be cited as the Western Riverside National Wildlife Refuge Act . 2. Definitions In this Act: (1) Additional reserve lands The term additional reserve lands means the conserved habitat totaling approximately 153,000 acres that are needed to meet the goals and objectives of the Conservation Plan, of which— (A) 56,000 acres are Federal and State acquisition and mitigation for State Permittees; and (B) 97,000 acres were contributed by local Permittees. (2) Conservation Plan The term Conservation Plan means the Western Riverside County Multiple Species Habitat Conservation Plan permitted by the United States Fish and Wildlife Service on June 22, 2004. (3) County The term County means Riverside County, California. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Map The term Map means the map entitled Western Riverside National Wildlife Refuge Acquisition Boundary as proposed by the Western Riverside National Wildlife Refuge Act and dated May 25, 2022. (6) Permittee The term Permittee means an entity identified as a permittee in the incidental take permit issued under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ) that is associated with the Conservation Plan. (7) Regional Conservation Authority The term Regional Conservation Authority means the Western Riverside County Regional Conservation Authority. (8) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (9) State The term State means the State of California. (10) Urban Partnership The term Urban Partnership means a place-based partnership, established in accordance with United States Fish and Wildlife Service policy, to be carried out on partner-owned land, including the Urban Bird Treaties Program, Urban Wildlife Refuge Partnerships, and other partnership programs of the United States Fish and Wildlife Service. (11) Urban Wildlife Refuge The term Urban Wildlife Refuge means a unit of the National Wildlife Refuge System that is managed consistent with the Urban Wildlife Conservation Program of the United States Fish and Wildlife Service. (12) Wildlife habitat The term wildlife habitat means the combination of food, water, shelter, or space that meet the needs of wildlife, including wildlife corridors, which are features of the landscape that provide ecological connectivity and allow for native species movement or dispersal as identified— (A) by the Secretary; or (B) in section 3.2.3 of the Conservation Plan. (13) Wildlife Refuge The term Wildlife Refuge means the Western Riverside National Wildlife Refuge established under section 3(a). 3. Establishment of Western Riverside National Wildlife Refuge (a) Establishment On the first acquisition by, or transfer to, the Secretary of any land, water, or any interest in land or water under subsection (h), the Secretary shall establish a unit of the National Wildlife Refuge System, to be known as the Western Riverside National Wildlife Refuge . (b) Purposes The purposes of the Wildlife Refuge are— (1) to conserve, manage, and restore fish, wildlife, plants, and their habitats for the benefit of present and future generations of individuals in the United States; and (2) to support the conservation, recovery, and protection of— (A) species listed as threatened species or endangered species under— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (ii) the California Endangered Species Act (Chapter 1.5 of Division 3 of the California Fish and Game Code); and (B) covered species listed under the Conservation Plan. (c) Uses The uses of the Wildlife Refuge shall include— (1) providing, to the extent compatible with the purposes described in subsection (b) and pursuant to the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. )— (A) opportunities for scientific research, environmental education, and fish and wildlife-oriented recreation; and (B) improved access to nature for communities; and (2) engaging communities in fish and wildlife conservation, restoration, education, recreation, and outreach activities through the pursuit of Urban Partnerships. (d) Urban Wildlife Refuge The Wildlife Refuge shall be administered as an Urban Wildlife Refuge. (e) Notification of establishment (1) In general Not later than 90 days after the date on which the Wildlife Refuge is established under subsection (a), the Secretary shall publish in the Federal Register notice of the establishment of the Wildlife Refuge. (2) Map The notice published by the Secretary under paragraph (1) shall include the Map. (f) Acquisition boundary (1) In general The acquisition boundary of the Wildlife Refuge shall be coterminous with the boundary depicted on the Map. (2) Boundary revisions The Secretary may make such minor revisions to expand the acquisition boundary established under paragraph (1), as may be appropriate— (A) to achieve the purposes of the Wildlife Refuge described in subsection (b); or (B) to facilitate the acquisition of property for the Wildlife Refuge under subsection (h). (g) Administration of Wildlife Refuge (1) In general On the establishment of the Wildlife Refuge under subsection (a), the Secretary shall administer all land, water, and any interest in land or water that have been acquired by, or transferred to, the Secretary under subsection (h) for inclusion in the Wildlife Refuge in accordance with— (A) the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); and (B) subsection (b). (2) Cooperative agreements with respect to non-Federal land The Secretary may enter into cooperative agreements or other instruments, as appropriate, with the State, the County, the Regional Conservation Authority, or any other entity or person— (A) for the management, in a manner consistent with this section, of land that is— (i) owned by the State, the County, the Regional Conservation Authority, or any other entity or person; and (ii) located within the acquisition boundary of the Wildlife Refuge established under subsection (f); (B) to promote public awareness of the natural resources of the area governed by the Conservation Plan; or (C) to encourage public participation in the conservation of resources in the Wildlife Refuge. (3) Easements and rights-of-way (A) In general Any property acquired by, or transferred to, the Secretary for inclusion in the Wildlife Refuge under subsection (h) shall be subject to any valid and existing right that existed on the property before the property was acquired by, or transferred to, the Secretary under that subsection. (B) Savings clause Subject to compatibility requirements under the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), nothing in this Act precludes the establishment of a new utility facility or right-of-way (including instream sites, routes, and areas) within the Wildlife Refuge if such a facility or right-of-way, as applicable, is necessary for public health and safety, electricity and water supply, or other utility services. (h) Acquisition and transfers of land and water for the Wildlife Refuge (1) Acquisitions (A) In general The Secretary may acquire, by donation, purchase, or exchange, land, water, or any interest in land or water (including conservation easements) within the acquisition boundary of the Wildlife Refuge established under subsection (f) that will achieve, in the determination of the Secretary, the purposes of the Wildlife Refuge described in subsection (b). (B) Land, water, and interests owned by the State Land, water, and any interests in land or water owned by the State, the County, or the Western Riverside County Regional Conservation Authority may only be acquired by donation. (C) Acquisition of additional reserve lands (i) In general In order to support the responsibilities of the Federal Government, as described in the Conservation Plan, the Secretary shall give priority to, when acquiring land, water, or any interest in land or water (including conservation easements) under subparagraph (A), additional reserve lands within the acquisition boundary of the Wildlife Refuge established under subsection (f). (ii) Priority In acquiring additional reserve lands under clause (i), the Secretary shall give priority to additional reserve lands— (I) located within criteria cells identified on the Map; and (II) that have not been acquired by a Permittee, before the date of enactment of this Act, for the purpose of satisfying the conservation obligations of the Permittee under the Conservation Plan. (2) Transfers (A) Assessment Not later than 1 year after the date of enactment of this Act, the head of any Federal department or agency, including any agency within the Department of the Interior, that has jurisdiction of any Federal property located within the acquisition boundary of the Wildlife Refuge established under subsection (f) shall submit to the Secretary an assessment of whether the property would be consistent with the purposes of the Wildlife Refuge described in subsection (b). (B) Requirements Any assessment submitted to the Secretary under subparagraph (A) shall include— (i) parcel descriptions and best existing land surveys for the property; (ii) a list of existing special reservations designations or purposes of the property; (iii) an inventory of— (I) all known or suspected hazardous substance contamination of the property; (II) any facilities on the property; and (III) any surface water or groundwater on the property; (iv) the status of withdrawal of the property from— (I) the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); and (II) sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 22 et seq. ); and (v) (I) a recommendation relating to whether the property would be consistent with the purposes of the Wildlife Refuge described in subsection (b); and (II) the reasons supporting that recommendation. (C) Transfer determination (i) In general Not later than 180 days after the date on which the Secretary receives an assessment submitted under subparagraph (A), the Secretary shall determine whether the property described in that assessment shall be transferred to the Secretary for inclusion in the Wildlife Refuge. (ii) Property accepted for inclusion If the Secretary accepts the transfer of a property described in an assessment submitted under subparagraph (A), that property shall be transferred to the Secretary for inclusion in the Wildlife Refuge without fee or reimbursement. (iii) Property rejected for inclusion (I) In general If the Secretary rejects the transfer of a property described in an assessment submitted under subparagraph (A), that property shall not be transferred to the Secretary for inclusion in the Wildlife Refuge. (II) Consultation If the property is not transferred to the Secretary under subclause (I), the Secretary may consult with the head of the department or agency that submitted the assessment under subparagraph (A)— (aa) to further deliberate whether that property is consistent with the purposes of the Wildlife Refuge described in subsection (b); and (bb) to determine what management activities can be taken for the Secretary to approve the eventual transfer of that property for inclusion in the Wildlife Refuge. (III) Inclusion If, on further deliberation between the Secretary and the head of the department or agency under subclause (II), the Secretary accepts the transfer of the applicable property, that property shall be transferred to the Secretary for inclusion in the Wildlife Refuge in accordance with clause (ii). (D) Additional transfers The Secretary, on completion of reviewing assessments submitted by the head of any Federal department or agency, including any agency within the Department of the Interior, under subparagraph (A), may commence additional assessments in accordance with subparagraphs (B) and (C) if the Secretary determines that— (i) any Federal department or agency, including any agency within the Department of the Interior, has, or has acquired, jurisdiction over any Federal property located within the acquisition boundary of the Wildlife Refuge established under subsection (f); or (ii) property rejected by the Secretary under subparagraph (C)(iii) has been remediated and may now be suitable for inclusion in the Wildlife Refuge. (E) Public access If property transferred to the Secretary under this paragraph allows for public access at the time of transfer, that access shall be maintained, unless that access, as determined by the Secretary— (i) would be incompatible with the purposes of the Wildlife Refuge described in subsection (b) or the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); (ii) would jeopardize public health or safety; or (iii) must be limited due to emergency circumstances. (3) Tribal cultural and religious uses No acquisition or transfer of property under this subsection shall modify or revoke existing access to, or use by, affected Indian Tribes, unless that use or access, as determined by the Secretary— (A) would be incompatible with the purposes of the Wildlife Refuge described in subsection (b) or the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ); (B) would jeopardize public health or safety; or (C) must be limited due to emergency circumstances. (4) Savings clause Nothing in this subsection exempts or relieves a Permittee from the obligations of the Permittee under the Conservation Plan or any associated permit. | https://www.govinfo.gov/content/pkg/BILLS-117s4669is/xml/BILLS-117s4669is.xml |
117-s-4670 | II 117th CONGRESS 2d Session S. 4670 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Schatz introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF TRANSPORTATION Office of the Secretary SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of the Secretary, $171,014,000: Provided, That of the sums appropriated under this heading— (1) $3,569,000 shall be available for the immediate Office of the Secretary; (2) $1,277,000 shall be available for the immediate Office of the Deputy Secretary; (3) $28,089,000 shall be available for the Office of the General Counsel; (4) $17,469,000 shall be available for the Office of the Under Secretary of Transportation for Policy, of which $2,000,000 is for the Office for Multimodal Freight Infrastructure and Policy; (5) $21,026,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; (6) $3,968,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; (7) $41,399,000 shall be available for the Office of the Assistant Secretary for Administration; (8) $5,727,000 shall be available for the Office of Public Affairs and Public Engagement; (9) $2,312,000 shall be available for the Office of the Executive Secretariat; (10) $15,533,000 shall be available for the Office of Intelligence, Security, and Emergency Response; (11) $29,195,000 shall be available for the Office of the Chief Information Officer; and (12) $1,450,000 shall be available for the Office of Tribal Government Affairs: Provided further , That the Secretary of Transportation (referred to in this title as the Secretary ) is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 7 percent by all such transfers: Provided further, That notice of any change in funding greater than 7 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $70,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, there may be credited to this appropriation up to $2,500,000 in funds received in user fees: Provided further, That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs. RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $48,396,000, of which $33,718,000 shall remain available until expended: Provided, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. NATIONAL INFRASTRUCTURE INVESTMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out a local and regional project assistance grant program under section 6702 of title 49, United States Code, $1,090,000,000, to remain available until expended: Provided, That section 6702(f)(2) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of amounts made available under this heading in this Act, not less than $20,000,000 shall be awarded to projects in historically disadvantaged communities or areas of persistent poverty as defined under section 6702(a)(1) of title 49, United States Code: Provided further, That section 6702(g) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of the amounts made available under this heading in this Act not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects: Provided further, That grants awarded under this heading in this Act for eligible projects for planning, preparation, or design shall not be subject to a minimum grant size: Provided further, That in distributing amounts made available under this heading in this Act, the Secretary shall take such measures so as to ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, including Tribal areas, and the investment in a variety of transportation modes: Provided further, That section 6702(c)(2)(C) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That a grant award under this heading in this Act shall be not greater than $45,000,000: Provided further, That section 6702(c)(3) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That not more than 15 percent of the amounts made available under this heading in this Act may be awarded to projects in a single State: Provided further, That for amounts made available under this heading in this Act, the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package: Provided further, That section 6702(f)(1) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That of the amounts awarded under this heading in this Act, not more than 50 percent shall be allocated for eligible projects located in rural areas and not more than 50 percent shall be allocated for eligible projects located in urbanized areas: Provided further, That for the purpose of determining if an award for planning, preparation, or design under this heading in this Act is an urban award, the project location is the location of the project being planned, prepared, or designed: Provided further, That the Secretary may retain up to 2 percent of the amounts made available under this heading in this Act, and may transfer portions of such amounts to the Administrators of the Federal Aviation Administration, the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration to fund the award and oversight of grants and credit assistance made under the program authorized under section 6702 of title 49, United States Code: Provided further, That for amounts made available under this heading in this Act, the Secretary shall consider and award projects based solely on the selection criteria as identified under section 6702(d)(3) and (d)(4) of title 49, United States Code. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as authorized by 49 U.S.C. 116 , $8,850,000, to remain available until expended: Provided, That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to other amounts made available for such purposes and are not subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. INFRASTRUCTURE ADVANCEMENT INITIATIVE FOR THRIVING COMMUNITIES (INCLUDING TRANSFER OF FUNDS) For necessary expenses to provide technical assistance and cooperative agreements for planning and capacity building for transportation infrastructure improvements as established in section 21205 of Public Law 117–58 and under the heading Thriving Communities Initiative in division L of Public Law 117–103 , $25,000,000, to remain available until September 30, 2025: Provided, That the Secretary may enter into cooperative agreements with philanthropic entities, non-profit organizations, other Federal agencies, State or local governments and their agencies, Indian Tribes, or other technical assistance providers, to provide technical assistance, planning, and capacity building to State, local, or Tribal governments, United States territories, metropolitan planning organizations, transit agencies, or other political subdivisions of State or local governments: Provided further, That to be eligible for a cooperative agreement under this heading, a recipient shall provide assistance to entities described in the preceding proviso on engaging in public planning processes with residents, local businesses, 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, support economic growth, alleviate supply chain congestion, improve safety, reduce pollution from transportation sources, expand affordable transportation options, facilitate efficient land use, preserve or expand jobs, enhance connections to health care, education, and food security, or improve health outcomes: Provided further, That the Secretary may prioritize assistance provided with amounts made available under this heading to communities that have disproportionate rates of pollution and poor air quality, communities experiencing disproportionate effects (as defined by Executive Order No. 12898), rural areas, Tribal communities, Native Alaskan communities, Native Hawaiian communities, areas of persistent poverty as defined in section 6702(a)(1) of title 49, United States Code, or historically disadvantaged communities: Provided further, That the preceding proviso shall not prevent the Secretary from providing assistance with amounts made available under this heading to entities described in the first proviso under this heading that request assistance: Provided further, That planning and technical assistance made available under this heading may include pre-application assistance for capital projects eligible under titles 23, 46, and 49, United States Code: Provided further, That the Secretary may retain amounts made available under this heading for the necessary administrative expenses of (1) developing and disseminating best practices, modeling, and cost-benefit analysis methodologies to assist entities described in the first proviso under this heading with applications for financial assistance programs under titles 23, 46, and 49, United States Code, and (2) award, administration, and oversight of cooperative agreements to carry out the provisions under this heading: Provided further, That any amounts made available for section 21205 of Public Law 117–58 in this Act or unobligated balances from prior Acts may be transferred to this account: Provided further, That amounts transferred to this account under the preceding proviso shall not be subject to other provisos under this heading: Provided further, That the Secretary may transfer amounts made available under this heading among the Office of the Secretary and the operating administrations of the Department of Transportation. 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 management and authentication capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced security controls on agency computers and mobile devices, $48,100,000, to remain available until September 30, 2024. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $17,014,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, $36,543,000, to remain available until expended: Provided, That of such amount, $5,436,000 shall be for necessary expenses of the Interagency Infrastructure Permitting Improvement Center (IIPIC): Provided further, That there may be transferred to this appropriation, to remain available until expended, amounts transferred from other Federal agencies for expenses incurred under this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed by the IIPIC shall be available to other Federal agencies for the permitting and review of major infrastructure projects not related to transportation only to the extent that other Federal agencies provide funding to the Department in accordance with the preceding proviso: Provided further, That of the amounts made available under this heading, $12,914,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $505,285,000, shall be paid from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the limitation in the preceding proviso on operating expenses shall not apply to entities external to the Department of Transportation or for funds provided in Public Law 117–58 : Provided further, That no funds made available by this Act to an agency of the Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no assessments may be levied against any program, budget activity, subactivity, or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate Committees on Appropriations and are approved by such Committees. SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $5,132,000, to remain available until September 30, 2024: Provided, That notwithstanding section 332 of title 49, United States Code, such amounts may be used for business opportunities related to any mode of transportation: Provided further, That appropriations made available under this heading shall be available for any purpose consistent with prior year appropriations that were made available under the heading Office of the Secretary—Minority Business Resource Center Program . PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $368,727,000, 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 Secretary may consider the relative subsidy requirements of the carriers: Provided further, That basic essential air service minimum requirements shall not include the 15-passenger capacity requirement under section 41732(b)(3) of title 49, United States Code: Provided further, That amounts authorized to be distributed for the essential air service program under section 41742(b) of title 49, United States Code, shall be made available immediately from amounts otherwise provided to the Administrator of the Federal Aviation Administration: Provided further, That the Administrator may reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code: Provided further, That, notwithstanding section 41733 of title 49, United States Code, for fiscal year 2023, the requirements established under subparagraphs (B) and (C) of section 41731(a)(1) of title 49, United States Code, and the subsidy cap established by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000, shall not apply to maintain eligibility under section 41731 of title 49, United States Code. ELECTRIC VEHICLE FLEET (INCLUDING TRANSFER OF FUNDS) For necessary expenses to transition to the General Services Administration’s leased vehicle fleet, and for the purchase of electric passenger motor vehicles and necessary supporting charging or fueling infrastructure, $16,000,000, to remain available until expended: Provided, That such amounts made available under this heading may be transferred to other accounts of the Department of Transportation for the purposes of this heading. ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION (INCLUDING RESCISSION AND TRANSFER OF FUNDS) 101. None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification. 102. The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting. 103. In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU ( 5 U.S.C. 7905 note): Provided, That the Department shall maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to Government employees: Provided further, That such reserve shall not exceed 1 month of benefits payable and may be used only for the purpose of providing for the continuation of transit benefits: Provided further, That the Working Capital Fund shall be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit. 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 expended in the Department’s Working Capital Fund to provide contractual services in support of section 189 of this Act: Provided, That obligations in fiscal year 2023 of such collections shall not exceed $1,000,000. 105. None of the funds in this title may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration. 106. In addition to authority provided by section 327 of title 49, United States Code, the Department's Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided, That such notification shall include, but not be limited to, the name of the project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line of credit; and the amount of credit assistance. 108. For an additional amount for necessary expenses of the Volpe National Transportation Systems Center, as authorized in section 328 of title 49, United States Code, $4,500,000, to remain available until expended. 109. (a) The remaining unobligated balances, as of September 30, 2022, from amounts made available for the Department of Transportation—Office of the Secretary—National Infrastructure Investments in division H of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) are hereby permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2022, 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. (b) The remaining unobligated balances, as of September 30, 2022, from amounts made available in section 105 of division L of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) are hereby permanently rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2022, to remain available until September 30, 2024, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2019 national infrastructure investments program. (c) This section shall become effective immediately upon enactment of this Act. (d) If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022. 109A. (a) Amounts made available to the Secretary of Transportation or the Department of Transportation’s operating administrations in this Act or in Public Law 117–103 for the costs of award, administration, or oversight of financial assistance under the programs identified in subsection (c) may be transferred to the account identified in section 801 of division J of Public Law 117–58 , to remain available until expended, for the necessary expenses of award, administration, or oversight of any financial assistance programs in the Department of Transportation. (b) Amounts transferred under the authority in this section are available in addition to amounts otherwise available for such purpose. (c) The programs from which funds made available under this Act or in Public Law 117–103 may be transferred under subsection (a) are: (1) the local and regional project assistance program under section 6702 of title 49, United States Code; and (2) the Transportation Resilience and Adaptation Centers of Excellence program under section 520 of title 23, United States Code. Federal aviation administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance 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, $11,900,821,000, to remain available until September 30, 2024, of which $9,933,821,000 to be derived from the Airport and Airway Trust Fund: Provided, That of the sums appropriated under this heading— (1) not less than $1,601,842,000 shall be available for aviation safety activities; (2) $8,787,490,000 shall be available for air traffic organization activities; (3) $35,854,000 shall be available for commercial space transportation activities; (4) $915,049,000 shall be available for finance and management activities; (5) $158,118,000 shall be available for security and hazardous materials safety activities; (6) $58,135,000 shall be available for research and development activities; (7) $41,465,000 shall be available for integration and engagement activities; and (8) $302,868,000 shall be available for staff offices: Provided further , That not to exceed 5 percent of any budget activity, except for aviation safety budget activity, may be transferred to any budget activity under this heading: Provided further, That no transfer may increase or decrease any appropriation under this heading by more than 5 percent: Provided further, That any transfer in excess of 5 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later than 60 days after the submission of the budget request, the Administrator of the Federal Aviation Administration shall transmit to Congress an annual update to the report submitted to Congress in December 2004 pursuant to section 221 of the Vision 100-Century of Aviation Reauthorization Act ( 49 U.S.C. 40101 note): Provided further, That the amounts made available under this heading shall be reduced by $100,000 for each day after 60 days after the submission of the budget request that such report has not been transmitted to Congress: Provided further, That not later than 60 days after the submission of the budget request, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, hiring, and training flight standards and aircraft certification staff in a format similar to the one utilized for the controller staffing plan, including stated attrition estimates and numerical hiring goals by fiscal year: Provided further, That the amounts made available under this heading shall be reduced by $100,000 for each day after the date that is 60 days after the submission of the budget request that such report has not been submitted to Congress: Provided further, That funds may be used to enter into a grant agreement with a nonprofit standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds made available by this Act shall be available for new applicants for the second career training program: Provided further, That none of the funds made available by this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided further, That there may be credited to this appropriation, as offsetting collections, funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources for expenses incurred in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair or alteration forms: Provided further, That of the amounts made available under this heading, not less than $188,000,000 shall be used to fund direct operations of the current air traffic control towers in the contract tower program, including the contract tower cost share program, and any airport that is currently qualified or that will qualify for the program during the fiscal year: Provided further, That none of the funds made available by this Act for aeronautical charting and cartography are available for activities conducted by, or coordinated through, the Working Capital Fund: Provided further, That none of the funds appropriated or otherwise made available by this Act or any other Act may be used to eliminate the Contract Weather Observers program at any airport. FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $3,060,000,000, of which $570,000,000 is for personnel and related expenses and shall remain available until September 30, 2024, $2,311,000,000 shall remain available until September 30, 2025, and $179,000,000 is for terminal facilities and shall remain available until September 30, 2027: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment, improvement, and modernization of national airspace systems: Provided further, That not later than 60 days after submission of the budget request, the Secretary of Transportation shall transmit to the Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2024 through 2028, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, That section 405 of this Act shall apply to amounts made available under this heading in title VIII of the Infrastructure Investments and Jobs Appropriations Act (division J of Public Law 117–58 ): Provided 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 accompanying this Act shall be the baseline for application of reprogramming and transfer authorities for the current fiscal year pursuant to paragraph (7) of such section 405 for amounts referred to in the preceding proviso: Provided further, That, notwithstanding paragraphs (5) and (6) of such section 405, unless prior approval is received from the House and Senate Committees on Appropriations, not to exceed 10 percent of any funding level specified for projects and activities in the table referred to in the preceding proviso may be transferred to any other funding level specified for projects and activities in such table and no transfer of such funding levels may increase or decrease any funding level in such table by more than 10 percent: Provided further, That of the amounts made available under this heading for terminal facilities, $45,000,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act. RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) 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, $266,100,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2025: Provided, That there may be credited to this appropriation as offsetting collections, funds received from States, counties, municipalities, other public authorities, and private sources, which shall be available for expenses incurred for research, engineering, and development: Provided further, That amounts made available under this heading shall be used in accordance with the explanatory statement accompanying this Act: Provided further, That not to exceed 10 percent of any funding level specified under this heading in the explanatory statement accompanying this Act may be transferred to any other funding level specified under this heading in the explanatory statement accompanying this Act: Provided further, That no transfer may increase or decrease any funding level by more than 10 percent: Provided further, That any transfer in excess of 10 percent shall be treated as a reprogramming of funds under section 405 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, and under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,350,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That none of the amounts made available under this heading shall be available for the planning or execution of programs the obligations for which are in excess of $3,350,000,000, in fiscal year 2023, notwithstanding section 47117(g) of title 49, United States Code: Provided further, That none of the amounts made available under this heading shall be available for the replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government's share of allowable project costs under paragraph (2) of such section for subgrants or paragraph (3) of such section shall be 95 percent for a project at other than a large or medium hub airport that is a successive phase of a multi-phased construction project for which the project sponsor received a grant in fiscal year 2011 for the construction project: Provided further, That notwithstanding any other provision of law, of amounts limited under this heading, not more than $137,372,000 shall be available for administration, not less than $15,000,000 shall be available for the Airport Cooperative Research Program, not less than $40,828,000 shall be available for Airport Technology Research, and $10,000,000, to remain available until expended, shall be available and transferred to Office of the Secretary, Salaries and Expenses to carry out the Small Community Air Service Development Program: Provided further, That in addition to airports eligible under section 41743 of title 49, United States Code, such program may include the participation of an airport that serves a community or consortium that is not larger than a small hub airport, according to FAA hub classifications effective at the time the Office of the Secretary issues a request for proposals. GRANTS-IN-AID FOR AIRPORTS For an additional amount for Grants-In-Aid for Airports , to enable the Secretary of Transportation to make grants for projects as authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49, United States Code, $516,951,000, 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) $116,951,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act; and (2) up to $400,000,000 shall be made available to the Secretary to distribute as discretionary grants to airports, of which not less than $25,000,000 shall be made available to any commercial service airport, notwithstanding the requirement for the airport to be located in an air quality nonattainment or maintenance area in section 47102(3)(K) and 47102(3)(L) of title 49, United States Code, for work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, other related air quality improvements, acquisition of airport-owned vehicles or ground support equipment with low-emission technology: Provided further, That the Secretary may make discretionary grants to primary airports for airport-owned infrastructure required for the on-airport distribution, blending, or storage of sustainable aviation fuels that achieve at least a 50 percent reduction in lifecycle greenhouse gas emissions, using a methodology determined by the Secretary, including, but not limited to, on-airport construction or expansion of pipelines, rail lines and spurs, loading and off-loading facilities, blending facilities, and storage tanks: Provided further, That the Secretary may make discretionary grants for airport development improvements of runways, taxiways, and aprons necessary to sustain commercial service flight operations at a nonhub, small hub, medium hub, or large hub airport to increase resilience for the purpose of resuming flight operations under visual flight rules following an earthquake, flooding, high water, hurricane, storm surge, tidal wave, tornado, tsunami, wind driven water, or winter storms: Provided further, That the amounts made available under this heading shall not be subject to any limitation on obligations for the Grants-in-Aid for Airports program set forth in any Act: Provided further, That the Administrator of the Federal Aviation Administration may retain up to 0.5 percent of the amounts made available under this heading to fund the award and oversight by the Administrator of grants made under this heading. ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION 110. None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2023. 111. None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition on the use of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on below-market rates for these items or to grant assurances that require airport sponsors to provide land without cost to the Federal Aviation Administration for air traffic control facilities. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year. 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. 114. None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 117. None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 118. None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. 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 business days in advance. 119A. None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119B. None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the Contract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria. 119C. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services. 119E. None of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a noncontiguous States. Federal highway administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $473,535,991 together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration: Provided, That in addition, $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104(a) of title 23, United States Code. FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of authorized Federal-aid highway and highway safety construction programs shall not exceed total obligations of $58,764,510,674 for fiscal year 2023: Provided, That the limitation on obligations under this heading shall only apply to contract authority authorized from the Highway Trust Fund (other than the Mass Transit Account), unless otherwise specified in law. (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out authorized Federal-aid highway and highway safety construction programs, $59,503,510,674 shall be derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $3,159,652,000: Provided, That the funds made available under this heading shall be derived from the general fund, shall be in addition to any funds provided for fiscal year 2023 in this or any other Act for: (1) Federal-aid Highways under chapter 1 of title 23, United States Code; (2) the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240 ; (3) the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act, as amended ( 23 U.S.C. 201 note); (4) the Tribal high priority projects program under section 1123 of MAP–21 (as amended by Public Law 117–58 ); (5) the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. ); or (6) the Denali Commission, and shall not affect the distribution or amount of funds provided in any other Act: Provided further, That, except for funds made available under this heading for the Northern Border Regional Commission and the Denali Commission, section 11101(e) of Public Law 117–58 shall apply to funds made available under this heading: Provided further, That unless otherwise specified, amounts made available under this heading shall be available until September 30, 2026, and shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act making annual appropriations: Provided further, That of the sums appropriated under this heading— (1) $628,652,000 shall be for the purposes, and in the amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act: Provided, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further , That funds made available under this paragraph that are used for Tribal projects shall be administered as if allocated under chapter 2 of title 23, United States Code, except that the set-asides described in subparagraph (C) of section 202(b)(3) of title 23, United States Code, and subsections (a)(6), (c), and (e) of section 202 of such title, and section 1123(h)(1) of MAP–21 (as amended by Public Law 117–58 ), shall not apply to such funds; (2) $100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System, as authorized under section 1069(y) of Public Law 102–240 : Provided, That for the purposes of funds made available under this paragraph, the term Appalachian State means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as defined in section 14102(a) of title 40, United States Code: Provided further, That funds made available under this heading for construction of the Appalachian Development Highway System shall remain available until expended: Provided further, That, except as provided in the following proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That a project carried out with funds made available under this heading for construction of the Appalachian Development Highway System shall be carried out in the same manner as a project under section 14501 of title 40, United States Code: Provided further, That subject to the following proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading: Provided further, That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two provisos: Provided further, That the Federal share of the costs for which an expenditure is made for construction of the Appalachian Development Highway System under this heading shall be up to 100 percent; (3) $51,000,000 shall be for the nationally significant Federal lands and Tribal projects program under section 1123 of the FAST Act, as amended ( 23 U.S.C. 201 note); (4) $25,000,000 shall be to carry out the Tribal high priority projects program under section 1123 of MAP–21 (as amended by Public Law 117–58 ); (5) $1,382,000,000 shall be for a bridge replacement and rehabilitation program: Provided, That, for the purposes of funds made available under this paragraph, the term State means any of the 50 States or the District of Columbia and the term qualifying State means any State in which the percentage of total deck area of bridges classified as in poor condition in such State is at least 5 percent or in which the percentage of total bridges classified as in poor condition in such State is at least 5 percent: Provided further, That, of the funds made available under this paragraph, the Secretary shall reserve $6,000,000 for each State that does not meet the definition of a qualifying State: Provided further, That, after making the reservations under the preceding proviso, the Secretary shall distribute the remaining funds made available under this paragraph to each qualifying State by the proportion that the percentage of total deck area of bridges classified as in poor condition in such qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States: Provided further, That, of the funds made available under this paragraph— (A) no qualifying State shall receive more than $60,000,000; (B) each State shall receive an amount not less than $6,000,000; and (C) after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $60,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State: Provided further, That the funds made available under this paragraph shall be used for highway bridge replacement or rehabilitation projects on public roads: Provided further, That for purposes of this paragraph, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of total deck area classified as in poor condition) and the percentages of total bridge counts (including the percentages of total bridges classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018: Provided further, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code; (6) $16,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code: Provided, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code; (7) $10,000,000 shall be transferred to the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. ) to make grants, in addition to amounts otherwise made available to the Northern Border Regional Commission for such purpose, to carry out pilot projects that demonstrate the capabilities of wood-based infrastructure projects: Provided, That a grant made with funds made available under this paragraph shall be administered in the same manner as a grant made under subtitle V of title 40, United States Code; (8) $250,000,000 shall be for competitive awards for activities eligible under section 176(d)(4) of title 23, United States Code, of which $200,000,000 shall be for such activities eligible under subparagraph (A) of such section, and of which $50,000,000 shall be for such activities eligible under subparagraph (C) of such section: Provided , That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That, except as otherwise provided under this heading, funds made available under this paragraph shall be administered as if made available to carry out section 176(d) of such title: Provided further, That, for purposes of the calculation under section 176(d)(5)(G)(ii) of such title, amounts made available under this paragraph shall be included in the calculation of the total amount provided for fiscal year 2023 under section 176(d) of such title: Provided further, That for purposes of applying the set-asides under section 176(d)(5)(H)(ii) and (iii) of such title, amounts made available under this paragraph for competitive awards for activities eligible under sections 176(d)(4)(A) and 176(d)(4)(C) of such title shall be included in the calculation of the amounts made available to carry out section 176(d) of such title for fiscal year 2023: Provided further, That, the Secretary may retain not more than a total of 5 percent of the amounts made available under this paragraph to carry out this paragraph and to review applications for grants under this paragraph, and may transfer portions of the funds retained under this proviso to the relevant Administrators to fund the award and oversight of grants provided under this paragraph: Provided further, That a project assisted with funds made available under this paragraph shall be treated as a project on a Federal-aid highway; (9) $25,000,000 shall be for the active transportation infrastructure investment program under section 11529 of the Infrastructure Investment and Jobs Act ( 23 U.S.C. 217 note): Provided , That except as otherwise provided under such section or this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this paragraph shall remain available until expended; (10) $3,000,000 shall be to carry out the Pollinator-Friendly Practices on Roadsides and Highway Rights-of-Way Program under section 332 of title 23, United States Code; (11) $5,000,000 shall be transferred to the Denali Commission for activities eligible under section 307(e) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ): Provided, That funds made available under this paragraph shall not be subject to section 311 of such Act: Provided further, That except as otherwise provided under section 307(e) of such Act or this heading, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provisions of such Act, including the requirement in section 307(e) of such Act that the local community provides a 10 percent non-Federal match in the form of any necessary land or planning and design funds: Provided further, That such funds shall be available until expended: Provided further, That the Federal share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 90 percent; (12) $20,000,000 shall be transferred to the Denali Commission to carry out the Denali Access System Program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ): Provided, That a transfer under this paragraph shall not be subject to section 311 of such Act: Provided further, That except as otherwise provided under this heading, funds made available under this paragraph shall be administered as if directly appropriated to the Denali Commission and subject to applicable provisions of such Act: Provided further, That funds made available under this paragraph shall not be subject to section 309(j)(2) of such Act: Provided further, That funds made available under this paragraph shall be available until expended: Provided further, That the Federal share of the costs for which an expenditure is made with funds transferred under this paragraph shall be up to 100 percent; (13) $640,680,000 shall be for activities eligible under section 133(b) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code: 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: Provided further, That the funds made available under this paragraph shall be suballocated in the manner described in section 133(d) of title 23, United States Code, except that the set-aside described in section 133(h) of such title shall not apply to funds made available under this paragraph: Provided further, That, except as otherwise provided under this heading, the funds made available under this paragraph shall be administered as if apportioned under chapter 1 of such title: Provided further, That, the funds made available under this paragraph shall be apportioned to the States in the same ratio as the obligation limitation for fiscal year 2023 is distributed among the States in section 120(a)(5) of this Act; (14) $2,670,000 shall be for activities eligible under the Puerto Rico Highway Program as described in section 165(b)(2)(C) of title 23, United States Code: Provided, That, except as provided in the following proviso, the funds made available under this paragraph shall be administered as if allocated under section 165(b) of title 23, United States Code: Provided further, That the funds made available under this paragraph shall not be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title; and (15) $650,000 shall be for activities eligible under the Territorial Highway Program, as described in section 165(c)(6) of title 23, United States Code: Provided, That the funds made available under this paragraph shall be administered as if allocated under section 165(c) of title 23, United States Code. ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION 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 obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under authorized Federal-aid highway and highway safety construction programs, or apportioned by the Secretary under section 202 or 204 of title 23, United States Code, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions from obligation limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2023, only in an amount equal to $639,000,000). (c) Redistribution of unused obligation authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 ) and 104 of title 23, United States Code. (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 of title 23, United States Code; (B) title VI of the Fixing America's Surface Transportation Act; and (C) title III of division A of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ). (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 , funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of title 49, United States Code, may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses. 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall post on a website any waivers granted under the Buy America requirements. 123. None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days 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. 124. (a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided, That the Department of Transportation for the State or territory for which the earmarked amount was originally designated or directed notifies the Secretary of its intent to use its authority under this section and submits an annual report to the Secretary identifying the projects to which the funding would be applied. Notwithstanding the original period of availability of funds to be obligated under this section, such funds and associated obligation limitation shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which the Secretary is notified. The Federal share of the cost of a project carried out with funds made available under this section shall be the same as associated with the earmark. (b) In this section, the term earmarked amount means— (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration. (c) The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher. (d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations. 125. 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. Federal motor carrier safety administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, as amended by the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), $367,500,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account), together with advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available until expended: Provided, That funds available for implementation, execution, or administration of motor carrier safety operations and programs authorized under title 49, United States Code, shall not exceed total obligations of $367,500,000, for Motor Carrier Safety Operations and Programs for fiscal year 2023, of which $14,073,000, to remain available for obligation until September 30, 2025, is for the research and technology program, and of which not less than $63,098,000, to remain available for obligation until September 30, 2025, is for development, modernization, enhancement, and continued operation and maintenance of information technology and information management. MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, $506,150,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That funds available for the implementation or execution of motor carrier safety programs shall not exceed total obligations of $506,150,000 in fiscal year 2023 for Motor Carrier Safety Grants : Provided further, That of the sums appropriated under this heading— (1) $398,500,000 shall be available for the motor carrier safety assistance program; (2) $42,650,000 shall be available for the commercial driver's license program implementation program; (3) $58,800,000 shall be available for the high priority activities program; (4) $1,200,000 shall be available for the commercial motor vehicle operators grant program; and (5) $5,000,000 shall be available for the commercial motor vehicle enforcement training and support grant program. ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. The Federal Motor Carrier Safety Administration shall send notice of section 385.308 of title 49, Code of Federal Regulations, violations by certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violations. 131. The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO–19–264. 132. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 ) or insects. National highway traffic safety administration OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety, authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $210,000,000, to remain available through September 30, 2024. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), and chapter 303 of title 49, United States Code, $197,000,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account) and to remain available until expended: Provided, That none of the funds in this Act shall be available for the planning or execution of programs the total obligations for which, in fiscal year 2023, are in excess of $197,000,000: Provided further, That of the sums appropriated under this heading— (1) $190,000,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 25024 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ); and (2) $7,000,000 shall be for the National Driver Register authorized under chapter 303 of title 49, United States Code: Provided further, That within the $197,000,000 obligation limitation for operations and research, $57,500,000 shall remain available until September 30, 2024, and shall be in addition to the amount of any limitation imposed on obligations for future years: Provided further, That amounts for behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls are in addition to any other funds provided for those purposes for fiscal year 2023 in this Act. HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code, to remain available until expended, $795,220,000, to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, That none of the funds in this Act shall be available for the planning or execution of programs for which the total obligations in fiscal year 2023 are in excess of $795,220,000 for programs authorized under sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 of title 23, United States Code: Provided further, That of the sums appropriated under this heading— (1) $370,900,000 shall be for Highway Safety Programs under section 402 of title 23, United States Code; (2) $346,500,000 shall be for National Priority Safety Programs under section 405 of title 23, United States Code; (3) $38,300,000 shall be for the High Visibility Enforcement Program under section 404 of title 23, United States Code; and (4) $39,520,000 shall be for grant administrative expenses under chapter 4 of title 23, United States Code: Provided further, That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local or private buildings or structures: Provided further, That not to exceed $500,000 of the funds made available for National Priority Safety Programs under section 405 of title 23, United States Code, for Impaired Driving Countermeasures (as described in subsection (d) of that section) shall be available for technical assistance to the States: Provided further, That with respect to the Transfers provision under section 405(a)(8) of title 23, United States Code, any amounts transferred to increase the amounts made available under section 402 shall include the obligation authority for such amounts: Provided further, That the Administrator shall notify the House and Senate Committees on Appropriations prior to exercising the authority granted under the preceding proviso or under section 405(a)(8) of title 23, United States Code. ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 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. 143. Section 24220 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ) is amended by adding at the end the following: (f) Short title This section may be cited as the Honoring the Abbas Family Legacy to Terminate Drunk Driving Act . . Federal railroad administration SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $254,426,000, of which $25,000,000 shall remain available until expended. RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $44,000,000, to remain available until expended: Provided, That of the amounts provided under this heading, up to $3,000,000 shall be available pursuant to section 20108(d) of title 49, United States Code, for the construction, alteration, and repair of buildings and improvements at the Transportation Technology Center. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL For necessary expenses related to Federal-State Partnership for Intercity Passenger Rail grants as authorized by section 24911 of title 49, United States Code, $200,000,000, to remain available until expended: Provided, That the Secretary may withhold up to 2 percent of the amount provided under this heading in this Act for the costs of award and project management oversight of grants carried out under title 49, United States Code. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements grants, as authorized by section 22907 of title 49, United States Code, $534,566,000, to remain available until expended: Provided, That of the amounts made available under this heading in this Act, $30,426,000 shall be made available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act: Provided further, That requirements under subsections (g) and (l) of section 22907 of title 49, United States Code, shall not apply to the preceding proviso: Provided further, That any remaining funds available after the distribution of the Congressionally Directed Spending described under this heading shall be available to the Secretary to distribute as discretionary grants under this heading: Provided further, That section 22905(f) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act for projects that implement or sustain positive train control systems otherwise eligible under section 22907(c)(1) of title 49, United States Code: Provided further, That amounts made available under this heading in this Act for projects selected for commuter rail passenger transportation may be transferred by the Secretary, after selection, to the appropriate agencies to be administered in accordance with chapter 53 of title 49, United States Code: Provided further, That for amounts made available under this heading in this Act, eligible recipients under section 22907(b)(7) of title 49, United States Code, shall include any holding company of a Class II railroad or Class III railroad (as those terms are defined in section 20102 of title 49, United States Code): Provided further, That section 22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made available under this heading in this Act: Provided further, That section 22907(e)(1)(A) of title 49, United States Code, shall not apply to amounts made available under this heading in previous fiscal years if such funds are announced in a notice of funding opportunity that includes funds made available under this heading in this Act: Provided further, That the preceding proviso shall not apply to funds made available under this heading in the Infrastructure Investment and Jobs Act (division J of Public Law 117–58 ): Provided further, That unobligated balances remaining after 6 years from the date of enactment of this Act may be used for any eligible project under section 22907(c) of title 49, United States Code: Provided further, That the Secretary may retain up to $5,000,000 of the amount provided under this heading in this Act to establish a National Railroad Institute to develop and conduct training and education programs for both public and private sector railroad and railroad-related industry employees: Provided further, That the Secretary may withhold up to 2 percent of the amounts made available under this heading in this Act for the costs of award and project management oversight of grants carried out under title 49, United States Code. NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 22101(a) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58 ), $1,134,811,000, to remain available until expended: Provided, That the Secretary may retain up to one-half of 1 percent of the funds provided under both this heading in this Act and the National Network Grants to the National Railroad Passenger Corporation heading in this Act to fund the costs of project management and oversight of activities authorized by section 22101(c) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58 ): Provided further, That in addition to the project management oversight funds authorized under section 22101(c) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58 ), the Secretary may retain up to an additional $6,000,000 of the funds provided under this heading in this Act to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United States Code. NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 22101(b) of the Infrastructure Investment and Jobs Act (division B of Public Law 117–58 ), $1,465,882,000, to remain available until expended: Provided, That the Secretary may retain up to an additional $3,000,000 of the funds provided under this heading in this Act to fund expenses associated with the State-Supported Route Committee established under section 24712 of title 49, United States Code: Provided further, That at least $50,000,000 of the amount provided under this heading in this Act shall be available for the development, installation and operation of railroad safety improvements, including the implementation of a positive train control system, on State-supported routes as defined under section 24102(13) of title 49, United States Code, on which positive train control systems are not required by law or regulation as identified on or before the date of enactment of this Act: Provided further, That any unexpended balances from amounts provided under this heading in this Act and in prior fiscal years for the development, installation and operation of railroad safety technology on State-supported routes on which positive train control systems are not required by law or regulation shall also be available for railroad safety improvements on State-supported routes as identified on or before the date of enactment of Public Law 117–103 : Provided further, That none of the funds provided under this heading in this Act shall be used by Amtrak to give notice under subsection (a) or (c) of section 24706 of title 49, United States Code, with respect to long-distance routes (as defined in section 24102 of title 49, United States Code) on which Amtrak is the sole operator on a host railroad’s line and a positive train control system is not required by law or regulation, or, except in an emergency or during maintenance or construction outages impacting such routes, to otherwise discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any portion of such route operated in fiscal year 2018, including implementation of service permitted by section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail service. ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) 150. None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided, That the President of Amtrak may waive the cap set in the preceding proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency of the system: Provided further, That the President of Amtrak shall report to the House and Senate Committees on Appropriations no later than 60 days after the date of enactment of this Act, a summary of all overtime payments incurred by Amtrak for 2022 and the 3 prior calendar years: Provided further, That such summary shall include the total number of employees that received waivers and the total overtime payments Amtrak paid to employees receiving waivers for each month for 2022 and for the 3 prior calendar years. 151. None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ). 152. The amounts made available to the Secretary or to the Federal Railroad Administration for the costs of award, administration, and project management oversight of financial assistance which are administered by the Federal Railroad Administration, in this and prior Acts, may be transferred to the Federal Railroad Administration’s Financial Assistance Oversight and Technical Assistance account for the necessary expenses to support the award, administration, project management oversight, and technical assistance of financial assistance administered by the Federal Railroad Administration, in the same manner as appropriated for in this and prior Acts: Provided, That this section shall not apply to amounts that were previously designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 153. None of the funds made available to the National Railroad Passenger Corporation under the headings Northeast Corridor Grants to the National Railroad Passenger Corporation and National Network Grants to the National Railroad Passenger Corporation may be used to reduce the total number of Amtrak Police Department uniformed officers patrolling on board passenger trains or at stations, facilities or rights-of-way below the staffing level on May 1, 2019. 154. It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and (2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code). 155. State-supported routes operated by Amtrak. Section 24712(a) of title 49, United States Code, is hereby amended by inserting after section 24712(a)(7) the following— (8) Staffing The Committee may— (A) appoint, terminate, and fix the compensation of an executive director and other Committee employees necessary for the Committee to carry out its duties; and (B) enter into contracts necessary to carry out its duties, including providing Committee employees with retirement and other employee benefits under the condition that Non-Federal members or officers, the executive director, and employees of the Committee are not federal employees for any purpose. (9) Authorization of Appropriations Amounts made available by the Secretary of Transportation for the Committee may be used to carry out this section. . Federal transit administration TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the Infrastructure Investment and Jobs Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, $13,634,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339, and 5340, as amended by the Infrastructure Investment and Jobs Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, shall not exceed total obligations of $13,634,000,000 in fiscal year 2023. TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities grants under section 5339(b) of title 49, United States Code, low or no emission grants under section 5339(c) of such title, ferry boats grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, grants to areas of persistent poverty, innovative mobility solutions grants under section 5312 of such title, accelerating innovative mobility initiative grants under section 5312 such title, accelerating the adoption of zero emission buses under section 5312 of such title, Community Project Funding/Congressionally Directed Spending for projects and activities eligible under chapter 53 of such title, and ferry service for rural communities under section 71103 of division G of Public Law 117–58 , $527,131,000, to remain available until expended: Provided, That of the sums provided under this heading in this Act— (1) $220,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $135,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Provided, That the minimum grant award shall be not less than $750,000; (3) $20,000,000 shall be available for ferry boat grants as authorized under section 5307(h) of such title: Provided, That of the amounts provided under this paragraph, no less than $5,000,000 shall be available for low or zero emission ferries or ferries using electric battery or fuel cell components and the infrastructure to support such ferries; (4) $2,000,000 shall be available for the operation and maintenance of the bus testing facilities selected under section 5318 of such title; (5) $1,000,000 shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants or cooperative agreements for the development of software to facilitate the provision of demand-response public transportation service that dispatches public transportation fleet vehicles through riders mobile devices or other advanced means: Provided further, That the Secretary shall evaluate the potential for software developed with grants or cooperative agreements to be shared for use by public transportation agencies; (6) $1,000,000 shall be for the accelerating innovative mobility initiative as authorized under section 5312 of title 49, United States Code: Provided, That such amounts shall be available for competitive grants to improve mobility and enhance the rider experience with a focus on innovative service delivery models, creative financing, novel partnerships, and integrated payment solutions in order to help disseminate proven innovation mobility practices throughout the public transportation industry; (7) $20,000,000 shall be available for competitive grants to eligible entities to assist areas of persistent poverty as defined under section 6702(a)(1) of title 49, United States Code, or historically disadvantaged communities: Provided, That grants shall be for planning, engineering, or development of technical or financing plans for projects eligible under chapter 53 of title 49, United States Code: Provided further, That eligible entities are those defined as eligible recipients or subrecipients under sections 5307, 5310 or 5311 of title 49, United States Code, and are in areas of persistent poverty as defined under section 6702(a)(1) of title 49, United States Code, or historically disadvantaged communities: Provided further, That State departments of transportation may apply on behalf of eligible entities within their States: Provided further, That the Federal Transit Administration should encourage grantees to work with non-profits or other entities of their choosing in order to develop planning, technical, engineering, or financing plans: Provided further, That the Federal Transit Administration shall encourage grantees to partner with non-profits that can assist with making projects low or no emissions: Provided further, That projects funded under this paragraph shall be for not less than 90 percent of the net total project cost; (8) $10,000,000 shall be available to support technical assistance, research, demonstration, or deployment activities or projects to accelerate the adoption of zero emission buses in public transit as authorized under section 5312 of title 49, United States Code; (9) $98,331,000 shall be available for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act; and (10) $19,800,000 shall be available for ferry service for rural communities under section 71103 of division G of Public Law 117–58 : Provided, That for amounts made available in this paragraph, notwithstanding section 71103(a)(2)(B) of such division of such Act, eligible projects 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 otherwise eligible under section 5307(h) of title 49, United States Code: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund: Provided further, That the amounts made available under this heading in this Act shall not be subject to any limitation on obligations for transit programs set forth in any Act. TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $7,500,000, to remain available until September 30, 2024: Provided, That the assistance provided under this heading does not duplicate the activities of section 5311(b) or section 5312 of title 49, United States Code. 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 ), $2,510,931,000, to remain available until expended: Provided, That of the sums appropriated under this heading— (1) $1,874,890,000 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) $410,931,000 shall be available for projects authorized under section 5309 (h) of title 49, United States Code; and (4) $100,000,0000 shall be available for projects authorized under section 3005(b) of the Fixing America’s Surface Transportation Act: Provided further, That the Secretary shall continue to administer the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49, United States Code, and of section 3005(b) of the Fixing America's Surface Transportation Act: Provided further, That projects that receive a grant agreement under the Expedited Project Delivery for Capital Investment Grants Pilot Program under section 3005(b) of the Fixing America’s Surface Transportation Act shall be deemed eligible for funding provided for projects under section 5309 of title 49, United States Code, without further evaluation or rating under such section: Provided further, That such funding shall not exceed the Federal share under section 3005(b): Provided further, That upon submission to the Congress of the fiscal year 2024 President’s budget, the Secretary of Transportation shall transmit to Congress the annual report on capital investment grants, including proposed allocations for fiscal year 2024. GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ), as amended by the Infrastructure Investment and Jobs Act ( Public Law 117–58 ), $150,000,000, to remain available until expended: Provided, That the Secretary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided further, That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving such grants. ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSIONS) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 , previously made available for obligation, or to any other authority previously made available for obligation. 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Capital Investment Grants of the Federal Transit Administration for projects specified in this Act not obligated by September 30, 2026, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. 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. 163. None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9503(e)(4) ). 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 grant program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code. 165. Any unexpended balances from amounts previously appropriated for low or no emission vehicle component assessment under 49 U.S.C. 5312(h) under the headings Transit Formula Grants and Transit Infrastructure Grants in fiscal years 2021 and 2022 may be used by the facilities selected for such vehicle component assessment for capital projects in order to build new infrastructure and enhance existing facilities in order to expand component testing capability, in accordance with the industry stakeholder testing objectives and capabilities as outlined through the work of the Federal Transit Administration Transit Vehicle Innovation and Deployment Centers program and included in the Center for Transportation and the Environment report submitted to the Federal Transit Administration for review. 166. The remaining unobligated balances, as of September 30, 2023, from amounts made available to the Department of Transportation under the heading Federal Transit Administration—Capital Investment Grants in division H of the Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) are hereby rescinded, and an amount of additional new budget authority equivalent to the amount rescinded is hereby appropriated on September 30, 2023, for an additional amount for fiscal year 2023, to remain available until September 30, 2024, and shall be available for any of the same purposes and under the same authorities for which such amounts were originally provided. Great Lakes St. Lawrence Seaway Development Corporation The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the St. Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $38,000,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 ): Provided, That of the amounts made available under this heading, not less than $14,500,000 shall be for the seaway infrastructure program: Provided further, That not more than $1,000,000 of the unobligated balances from the amounts made available for capital asset renewal activities under the heading Saint Lawrence Seaway Development Corporation—Operations and Maintenance in any prior Act shall be for activities pursuant to section 984(a)(12) of title 33, United States Code. Maritime administration MARITIME SECURITY PROGRAM (INCLUDING RESCISSION OF FUNDS) For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 of title 46, United States Code, to serve the national security needs of the United States, $318,000,000, to remain available until expended: Provided, That of the unobligated balances from prior year appropriations available under this heading, $55,000,000 are hereby permanently rescinded. CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 of title 46, United States Code, $10,000,000, to remain available until expended. TANKER SECURITY PROGRAM For Tanker Security Fleet payments, as authorized under section 53406 of title 46, United States Code, $60,000,000, to remain available until expended. OPERATIONS AND TRAINING For necessary expenses of operations and training activities authorized by law, $244,899,000: Provided, That of the sums appropriated under this heading— (1) $87,848,000 shall remain available until September 30, 2024, for the operations of the United States Merchant Marine Academy; (2) $11,900,000 shall remain available until expended, for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $55,120,000 shall remain available until expended, for capital improvements at the United States Merchant Marine Academy; (4) $10,000,000 shall remain available until September 30, 2024, for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (5) $14,819,000 shall remain available until expended, for the America’s Marine Highways Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further, That the Administrator of the Maritime Administration shall transmit to the House and Senate Committees on Appropriations the annual report on sexual assault and sexual harassment at the United States Merchant Marine Academy as required pursuant to section 3510 of the National Defense Authorization Act for fiscal year 2017 ( 46 U.S.C. 51318 ): Provided further, That available balances under this heading for the Short Sea Transportation Program (now known as the America’s Marine Highway Program) from prior year recoveries shall be available to carry out activities authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code. STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $120,700,000: Provided, That of the sums appropriated under this heading— (1) $30,500,000 shall remain available until expended, for maintenance, repair, life extension, insurance, and capacity improvement of National Defense Reserve Fleet training ships, and for support of training ship operations at the State Maritime Academies, of which not more than $8,000,000 shall be for expenses related to training mariners, and for costs associated with training vessel sharing pursuant to section 51504(g)(3) of title 46, United States Code, for costs associated with mobilizing, operating and demobilizing the vessel; travel costs for students, faculty and crew; and the costs of the general agent, crew costs, fuel, insurance, operational fees, and vessel hire costs, as determined by the Secretary; (2) $75,000,000 shall remain available until expended, for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, and design of school ships and, as determined by the Secretary, necessary expenses to design, plan, construct infrastructure, and purchase equipment necessary to berth such ships; (3) $2,400,000 shall remain available until September 30, 2027, for the Student Incentive Program; (4) $6,800,000 shall remain available until expended, for training ship fuel assistance; and (5) $6,000,000 shall remain available until September 30, 2024, for direct payments for State Maritime Academies: Provided further, That the Administrator of the Maritime Administration may use the funds made available under paragraph (2) and the funds provided for shoreside infrastructure improvements in Public Law 117–103 for the purposes described in paragraph (2): Provided further, That such funds may be used to reimburse State Maritime Academies for costs incurred prior to the date of enactment of this Act: Provided further, That such funds shall be available for reimbursement only for those costs incurred in compliance with all applicable Federal law, including the National Environmental Policy Act of 1969 ( 41 U.S.C. 4321 et seq. ) and the National Historic Preservation Act ( 54 U.S.C. 300101 et seq. ). ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $25,000,000, to remain available until expended. SHIP DISPOSAL (INCLUDING RESCISSION OF FUNDS) For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, 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 guaranteed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for Maritime Administration—Operations and Training . PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 54301 of title 46, United States Code, $234,310,000, to remain available until expended: Provided, That projects eligible for amounts made available under this heading in this Act shall be projects for coastal seaports, inland river ports, or Great Lakes ports: Provided further, That the requirements under section 3501(a)(12) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ) shall apply to amounts made available under this heading in this Act: Provided further, That for grants awarded under this heading in this Act, the minimum grant size shall be $1,000,000: Provided further, That for amounts made available under this heading in this Act, the requirement under section 54301(a)(6)(A)(ii) of title 46, United States Code, shall not apply to projects located in noncontiguous States or territories. ADMINISTRATIVE PROVISION—MARITIME ADMINISTRATION 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided, That payments received therefor shall be credited to the appropriation charged with the cost thereof and shall remain available until expended: Provided further, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be deposited into the Treasury as miscellaneous receipts. Pipeline and hazardous materials safety administration OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $29,936,000, of which $4,500,000 shall remain available until September 30, 2025. HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $70,743,000, of which $12,070,000 shall remain available until September 30, 2025, of which $1,000,000 shall be made available for carrying out section 5107(i) of title 49, United States Code: Provided, That up to $800,000 in fees collected under section 5108(g) of title 49, United States Code, shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this appropriation, to be available until expended, funds received from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990 ( Public Law 101–380 ), $192,969,000, to remain available until September 30, 2025, of which $27,650,000 shall be derived from the Oil Spill Liability Trust Fund; of which $156,919,000 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 $8,000,000 shall be derived from fees collected under section 60302 of title 49, United States Code, and deposited in the Underground Natural Gas Storage Facility Safety Account for the purpose of carrying out section 60141 of title 49, United States Code: Provided, That not less than $1,058,000 of the amounts made available under this heading shall be for the One-Call State grant program: Provided further, That any amounts made available under this heading in this Act or in prior Acts for research contracts, grants, cooperative agreements or research other transactions agreements ( OTAs ) shall require written notification to the House and Senate Committees on Appropriations not less than 3 full business days before such research contracts, grants, cooperative agreements, or research OTAs are announced by the Department of Transportation: Provided further, That the Secretary shall transmit to the House and Senate Committees on Appropriations the report on pipeline safety testing enhancement as required pursuant to section 105 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (division R of Public Law 116–260 ): Provided further, That the Secretary may obligate amounts made available under this heading to engineer, erect, alter, and repair buildings or make any other public improvements for research facilities at the Transportation Technology Center after the Secretary submits an updated research plan and the report in the preceding proviso to the House and Senate Committees on Appropriations and after such plan and report in the preceding proviso are approved by the House and Senate Committees on Appropriations. EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain available until September 30, 2025, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided, That notwithstanding section 5116(h)(4) of title 49, United States Code, not more than 4 percent of the amounts made available from this account shall be available to pay the administrative costs of carrying out sections 5116, 5107(e), and 5108(g)(2) of title 49, United States Code: Provided further, That notwithstanding subsections (b) and (c) of section 5128 of title 49, United States Code, and the limitation on obligations provided under this heading, prior year recoveries recognized in the current year shall be available to develop and deliver hazardous materials emergency response training for emergency responders, including response activities for the transportation of crude oil, ethanol, flammable liquids, and other hazardous commodities by rail, consistent with National Fire Protection Association standards, and to make such training available through an electronic format: Provided further, That the prior year recoveries made available under this heading shall also be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), 5116(j), and 5107(e) of title 49, United States Code. Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $108,073,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended ( 5 U.S.C. App. 3 ), to investigate allegations of fraud, including false statements to the government ( 18 U.S.C. 1001 ), by any person or entity that is subject to regulation by the Department of Transportation. General Provisions—Department of Transportation 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code. (b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation. (c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. (a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code. (b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision. 183. None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways account and to the Federal Railroad Administration's Safety and Operations account, except for State rail safety inspectors participating in training pursuant to section 20105 of title 49, United States Code. 185. None of the funds made available by this Act or in title VIII of division J of Public Law 117–58 to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by the Department or its operating administrations: Provided, That the Secretary of Transportation shall provide the House and Senate Committees on Appropriations with a comprehensive list of all such loans, loan guarantees, lines of credit, letters of intent, federally funded cooperative agreements, full funding grant agreements, and discretionary grants prior to the notification required under the preceding proviso: Provided further, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any quick release of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available for obligation. 186. Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to organizational units of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided, That the Secretary of Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days after the date on which the reprogramming action has been approved or denied by the House and Senate Committees on Appropriations. 188. Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations. 189. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 190. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 or 23 of the United States Code utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 191. The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices. 192. Amounts made available by this Act or any prior Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments: Provided, That amounts made available by this Act shall be available until expended; and (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Payment Integrity Information Act of 2019 ( Public Law 116–117 ): Provided, That amounts in excess of that required for paragraphs (1) and (2)— (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further, That where specific project or accounting information associated with the improper payment or payments is not readily available, the Secretary may credit the amounts to an appropriate account as offsetting collections and such amounts shall be available for the purposes and period associated with the account so credited: Provided further, That amounts credited to programs under this subparagraph shall not be subject to any limitation on obligations in this or any other Act; or (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That prior to depositing such recovery in the Treasury, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term improper payment has the same meaning as that provided in section 3351(4) of title 31, United States Code. This title may be cited as the Department of Transportation Appropriations Act, 2023 . II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and administration EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $19,300,000, to remain available until September 30, 2024: Provided, That not to exceed $25,000 of the amount made available under this heading shall be available to the Secretary of Housing and Urban Development (referred to in this title as the Secretary ) for official reception and representation expenses as the Secretary may determine. ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $684,900,000, to remain available until September 30, 2024: Provided, That of the sums appropriated under this heading— (1) $87,300,000 shall be available for the Office of the Chief Financial Officer; (2) $126,300,000 shall be available for the Office of the General Counsel, of which not less than $21,600,000 shall be for the Departmental Enforcement Center; (3) $238,700,000 shall be available for the Office of Administration, of which not more than $5,100,000 may be for modernization and deferred maintenance of the Weaver Building; (4) $56,600,000 shall be available for the Office of the Chief Human Capital Officer; (5) $31,000,000 shall be available for the Office of the Chief Procurement Officer; (6) $68,100,000 shall be available for the Office of Field Policy and Management; (7) $5,700,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $71,200,000 shall be available for the Office of the Chief Information Officer: Provided further, That funds made available under this heading may be used for necessary administrative and non-administrative expenses of the Department, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that directly support program activities funded in this title: Provided further, That the Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide in electronic form all signed reports required by Congress. PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $1,062,500,000, to remain available until September 30, 2024: Provided, That of the sums appropriated under this heading— (1) $283,800,000 shall be available for the Office of Public and Indian Housing; (2) $162,300,000 shall be available for the Office of Community Planning and Development; (3) $464,000,000 shall be available for the Office of Housing, of which not less than $13,300,000 shall be for the Office of Recapitalization; (4) $43,100,000 shall be available for the Office of Policy Development and Research; (5) $97,600,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $11,700,000 shall be available for the Office of Lead Hazard Control and Healthy Homes. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the Fund ), pursuant, in part, to section 7(f) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(f) ), amounts transferred, including reimbursements pursuant to section 7(f), to the Fund under this heading shall be available only for Federal shared services used by offices and agencies of the Department, and for any such portion of any office or agency’s printing, records management, space renovation, furniture, or supply services the Secretary has determined shall be provided through the Fund, and the operational expenses of the Fund: Provided, That amounts within the Fund shall not be available to provide services not specifically authorized under this heading: Provided further, That upon a determination by the Secretary that any other service (or portion thereof) authorized under this heading shall be provided through the Fund, amounts made available in this title for salaries and expenses under the headings Executive Offices , Administrative Support Offices , Program Offices , and Government National Mortgage Association , for such services shall be transferred to the Fund, to remain available until expended: Provided further, That the Secretary shall notify the House and Senate Committees on Appropriations of its plans for executing such transfers at least 15 days in advance of such transfers. Public and indian housing TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. ) (in this title the Act ), not otherwise provided for, $26,181,550,000, 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) $26,184,000,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided, That notwithstanding any other provision of law, from amounts provided under this paragraph and any carryover, the Secretary for the calendar year 2023 funding cycle shall provide renewal funding for each public housing agency based on validated voucher management system (VMS) leasing and cost data for the prior calendar year and by applying an inflation factor as established by the Secretary, by notice published in the Federal Register, and by making any necessary adjustments for the costs associated with the first-time renewal of vouchers under this paragraph including tenant protection and Choice Neighborhoods vouchers: Provided further, That none of the funds provided under this paragraph may be used to fund a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract, except for public housing agencies participating in the Moving to Work (MTW) demonstration, which are instead governed in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any: Provided further, That the Secretary shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under this paragraph), prorate each public housing agency's allocation otherwise established pursuant to this paragraph: Provided further, That except as provided in the following provisos, the entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the public housing agencies based on the allocation and pro rata method described above, and the Secretary shall notify public housing agencies of their annual budget by the latter of 60 days after enactment of this Act or March 1, 2023: Provided further, That the Secretary may extend the notification period with the prior written approval of the House and Senate Committees on Appropriations: Provided further, That public housing agencies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same pro rata adjustments under the preceding provisos: Provided further, That the Secretary may offset public housing agencies' calendar year 2023 allocations based on the excess amounts of public housing agencies' net restricted assets accounts, including HUD-held programmatic reserves (in accordance with VMS data in calendar year 2022 that is verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in the MTW demonstration shall also be subject to the offset, as determined by the Secretary, excluding amounts subject to the single fund budget authority provisions of their MTW agreements, from the agencies’ calendar year 2023 MTW funding allocation: Provided further, That the Secretary shall use any offset referred to in the preceding two provisos throughout the calendar year to prevent the termination of rental assistance for families as the result of insufficient funding, as determined by the Secretary, and to avoid or reduce the proration of renewal funding allocations: Provided further, That up to $200,000,000 shall be available only: (A) for adjustments in the allocations for public housing agencies, after application for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; (B) for vouchers that were not in use during the previous 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act, or an adjustment for a funding obligation not yet expended in the previous calendar year for a MTW-eligible activity to develop affordable housing for an agency added to the MTW demonstration under the expansion authority provided in section 239 of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 (division L of Public Law 114–113 ); (C) for adjustments for costs associated with HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers; (D) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate rental assistance for families as a result of insufficient funding; (E) for adjustments in the allocations for public housing agencies that— (i) are leasing a lower-than-average percentage of their authorized vouchers, (ii) have low amounts of budget authority in their net restricted assets accounts and HUD-held programmatic reserves, relative to other agencies, and (iii) are not participating in the Moving to Work demonstration, to enable such agencies to lease more vouchers; (F) for withheld payments in accordance with section 8(o)(8)(A)(ii) of the Act for months in the previous calendar year that were subsequently paid by the public housing agency after the agency’s actual costs were validated; and (G) for public housing agencies that have experienced increased costs or loss of units in an area for which the President declared a disaster under title IV of the Robert 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) $363,938,000 shall be available for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 , as amended, or under the authority as provided under this Act: Provided, That when a public housing development is submitted for demolition or disposition under section 18 of the Act, the Secretary may provide section 8 rental assistance when the units pose an imminent health and safety risk to residents: Provided further, That the Secretary may provide section 8 rental assistance from amounts made available under this paragraph for units assisted under a project-based subsidy contract funded under the Project-Based Rental Assistance heading under this title where the owner has received a Notice of Default and the units pose an imminent health and safety risk to residents: Provided further, That of the amounts made available under this paragraph, no less than $5,000,000 may be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in low vacancy areas and who may have to pay rents greater than 30 percent of household income, as the result of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan that requires the permission of the Secretary prior to loan prepayment; (B) the expiration of a rental assistance contract for which the tenants are not eligible for enhanced voucher or tenant protection assistance under existing law; or (C) the expiration of affordability restrictions accompanying a mortgage or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made available under the preceding proviso may be provided under the authority of section 8(t) or section 8(o)(13) of the Act: Provided further, That any tenant protection voucher made available from amounts under this paragraph shall not be reissued by any public housing agency, except the replacement vouchers as defined by the Secretary by notice, when the initial family that received any such voucher no longer receives such voucher, and the authority for any public housing agency to issue any such voucher shall cease to exist: Provided further, That the Secretary may only provide replacement vouchers for units that were occupied within the previous 24 months that cease to be available as assisted housing, subject only to the availability of funds; (3) $2,801,612,000 shall be available for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $30,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided, That no less than $2,771,612,000 of the amount provided in this paragraph shall be allocated to public housing agencies for the calendar year 2023 funding cycle based on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the Quality Housing and Work Responsibility Act of 1998 ( Public Law 105–276 ): Provided further, That if the amounts made available under this paragraph are insufficient to pay the amounts determined under the preceding proviso, the Secretary may decrease the amounts allocated to agencies by a uniform percentage applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment of amounts determined under the preceding proviso, utilize unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading from prior fiscal years, excluding special purpose vouchers, notwithstanding the purposes for which such amounts were appropriated: Provided further, That all public housing agencies participating in the MTW demonstration shall be funded in accordance with the requirements of the MTW demonstration program or their MTW agreements, if any, and shall be subject to the same uniform percentage decrease as under the preceding proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of tenant-based rental assistance authorized under section 8, including related development activities; (4) $667,000,000 shall be available for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), including necessary administrative expenses: Provided, That administrative and other expenses of public housing agencies in administering the special purpose vouchers in this paragraph shall be funded under the same terms and be subject to the same pro rata reduction as the percent decrease for administrative and other expenses to public housing agencies under paragraph (3) of this heading: Provided further, That up to $10,000,000 shall be available only— (A) for adjustments in the allocation for public housing agencies, after applications for an adjustment by a public housing agency that experienced a significant increase, as determined by the Secretary, in Mainstream renewal costs resulting from unforeseen circumstances; and (B) for public housing agencies that despite taking reasonable cost savings measures, as determined by the Secretary, would otherwise be required to terminate the rental assistance for Mainstream families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the preceding proviso based on need, as determined by the Secretary: Provided further, That upon turnover, section 811 special purpose vouchers funded under this heading in this or prior Acts, or under any other heading in prior Acts, shall be provided to non-elderly persons with disabilities; (5) Of the amounts provided under paragraph (1), up to $5,000,000 shall be available for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided, That such amount shall be made available for renewal grants to recipients that received assistance under prior Acts under the Tribal HUD–VASH program: Provided further, That the Secretary shall be authorized to specify criteria for renewal grants, including data on the utilization of assistance reported by grant recipients: Provided further, That such assistance shall be administered in accordance with program requirements under the Native American Housing Assistance and Self-Determination Act of 1996 and modeled after the HUD–VASH program: Provided further, That the Secretary shall be authorized to waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such assistance: Provided further, That grant recipients shall report to the Secretary on utilization of such rental assistance and other program data, as prescribed by the Secretary: Provided further, That the Secretary may reallocate, as determined by the Secretary, amounts returned or recaptured from awards under the Tribal HUD–VASH program under prior Acts to existing recipients under the Tribal HUD–VASH program; (6) $85,000,000 shall be available for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided, That the Secretary of Housing and Urban Development shall make such funding available, notwithstanding section 203 (competition provision) of this title, to public housing agencies that partner with eligible VA Medical Centers or other entities as designated by the Secretary of the Department of Veterans Affairs, based on geographical need for such assistance as identified by the Secretary of the Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with the Secretary of the Department of Veterans Affairs: Provided further, That the Secretary of Housing and Urban Development may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), any provision of any statute or regulation that the Secretary of Housing and Urban Development administers in connection with the use of funds made available under this paragraph (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to remain available for homeless veterans upon turn-over: Provided further, That of the total amount made available under this paragraph, up to $10,000,000 may be for additional fees established by and allocated pursuant to a method determined by the Secretary for administrative and other expenses (including those eligible activities defined by notice to facilitate leasing, such as security deposit assistance and costs related to the retention and support of participating owners) of public housing agencies in administering HUD–VASH vouchers; (7) $30,000,000 shall be available for the family unification program as authorized under section 8(x) of the Act: Provided, That the amounts made available under this paragraph are provided as follows: (A) $5,000,000 shall be available for new incremental voucher assistance: Provided, That the assistance made available under this subparagraph shall continue to remain available for family unification upon turnover; and (B) $25,000,000 shall be available for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B) of the Act: Provided, That assistance made available under this subparagraph shall continue to remain available for such eligible youth upon turnover: Provided further, That of the total amount made available under this subparagraph, up to $15,000,000 shall be available on a noncompetitive basis to public housing agencies that partner with public child welfare agencies to identify such eligible youth, that request such assistance to timely assist such eligible youth, and that meet any other criteria as specified by the Secretary: Provided further, That the Secretary shall review utilization of the assistance made available under the preceding proviso, at an interval to be determined by the Secretary, and unutilized voucher assistance that is no longer needed shall be recaptured by the Secretary and reallocated pursuant to the preceding proviso: Provided further, That for any public housing agency administering voucher assistance appropriated in a prior Act under the family unification program, or made available and competitively selected under this paragraph, that determines that it no longer has an identified need for such assistance upon turnover, such agency shall notify the Secretary, and the Secretary shall recapture such assistance from the agency and reallocate it to any other public housing agency or agencies based on need for voucher assistance in connection with such specified program or eligible youth, as applicable; (8) $50,000,000 shall be available for new incremental voucher assistance under section 8(o) of the Act to be allocated pursuant to a method, as determined by the Secretary, which may include a formula that may include such factors as severe cost burden, overcrowding, substandard housing for very low-income renters, homelessness, and administrative capacity, where such allocation method shall include both rural and urban areas: Provided, That the Secretary may specify additional terms and conditions to ensure that public housing agencies provide vouchers for use by survivors of domestic violence, or individuals and families who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) ), or at risk of homelessness, as defined in section 401(1) of such Act ( 42 U.S.C. 11360(1) ); and (9) the Secretary shall separately track all special purpose vouchers funded under this heading. HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing and the heading Project-Based Rental Assistance , for fiscal year 2023 and prior years may be used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: Provided, That any obligated balances of contract authority from fiscal year 1974 and prior fiscal years that have been terminated shall be rescinded: Provided further, That amounts heretofore recaptured, or recaptured during the current fiscal year, from section 8 project-based contracts from source years fiscal year 1975 through fiscal year 1987 are hereby rescinded, and an amount of additional new budget authority, equivalent to the amount rescinded is hereby appropriated, to remain available until expended, for the purposes set forth under this heading, in addition to amounts otherwise available. PUBLIC HOUSING FUND For 2023 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ) (the Act ), and to carry out capital and management activities for public housing agencies, as authorized under section 9(d) of the Act ( 42 U.S.C. 1437g(d) ), $8,468,500,000, to remain available until September 30, 2026: Provided, That of the sums appropriated under this heading— (1) $5,038,500,000 shall be available for the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2023 payments; (2) $25,000,000 shall be available for the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided, That after all such shortfall needs are met, the Secretary may distribute any remaining funds to all public housing agencies on a pro-rata basis pursuant to such Operating Fund formula; (3) $3,225,000,000 shall be available for the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided, That for funds provided under this paragraph, the limitation in section 9(g)(1) of the Act shall be 25 percent: Provided further, That the Secretary may waive the limitation in the preceding proviso to allow public housing agencies to fund activities authorized under section 9(e)(1)(C) of the Act: Provided further, That the Secretary shall notify public housing agencies requesting waivers under the preceding proviso if the request is approved or denied within 14 days of submitting the request: Provided further, That from the funds made available under this paragraph, the Secretary shall provide bonus awards in fiscal year 2023 to public housing agencies that are designated high performers: Provided further, That the Department shall notify public housing agencies of their formula allocation within 60 days of enactment of this Act; (4) $50,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug-related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. ) occurring in fiscal year 2023, of which $20,000,000 shall be available for public housing agencies under administrative and judicial receiverships or under the control of a Federal monitor: Provided, That of the amount made available under this paragraph, not less than $10,000,000 shall be for safety and security measures: Provided further, That in addition to the amount in the preceding proviso for such safety and security measures, any amounts that remain available, after all applications received on or before September 30, 2024, for emergency capital needs have been processed, shall be allocated to public housing agencies for such safety and security measures; (5) $65,000,000 shall be available for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b )), carbon monoxide, mold, radon, and fire safety: Provided, That not less than $25,000,000 of the amounts provided under this paragraph shall be awarded for evaluating and reducing lead-based paint hazards: Provided further, That for purposes of environmental review, a grant under this paragraph shall be considered funds for projects or activities under title I of the Act for purposes of section 26 of the Act ( 42 U.S.C. 1437x ) and shall be subject to the regulations implementing such section: Provided further, That amounts made available under this paragraph shall be combined with amounts made available under the sixth paragraph under this heading in the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) and shall be used in accordance with the purposes and requirements under this paragraph; (6) $15,000,000 shall be available to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title; and (7) $50,000,000 shall be available to support ongoing public housing financial and physical assessment activities: Provided further, That notwithstanding any other provision of law or regulation, during fiscal year 2023, the Secretary of Housing and Urban Development may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) of the Act regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term obligate means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future. CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v ) unless otherwise specified under this heading), for transformation, rehabilitation, and replacement housing needs of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable, mixed-income neighborhoods with appropriate services, schools, public assets, transportation, and access to jobs, $250,000,000, to remain available until September 30, 2027: Provided, That grant funds may be used for resident and community services, community development, and affordable housing needs in the community, and for conversion of vacant or foreclosed properties to affordable housing: Provided further, That not more than 20 percent of the amount of any grant made with amounts made available under this heading may be used for necessary supportive services notwithstanding subsection (d)(1)(L) of such section 24: Provided further, That the use of amounts made available under this heading shall not be deemed to be for public housing, notwithstanding section 3(b)(1) of such Act: Provided further, That grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further, That grantees shall provide a match in State, local, other Federal, or private funds: Provided further, That grantees may include local governments, Tribal entities, public housing agencies, and nonprofit organizations: Provided further, That for-profit developers may apply jointly with a public entity: Provided further, That for purposes of environmental review, a grantee shall be treated as a public housing agency under section 26 of the United States Housing Act of 1937 ( 42 U.S.C. 1437x ), and grants made with amounts available under this heading shall be subject to the regulations issued by the Secretary to implement such section: Provided further, That of the amounts made available under this heading, not less than $125,000,000 shall be awarded to public housing agencies: Provided further, That such grantees shall create partnerships with other local organizations, including assisted housing owners, service agencies, and resident organizations: Provided further, That the Secretary shall consult with the Secretaries of Education, Labor, Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further, That not more than $10,000,000 of the amounts made available under this heading may be provided as grants to undertake comprehensive local planning with input from residents and the community: Provided further, That unobligated balances, including recaptures, remaining from amounts made available under the heading Revitalization of Severely Distressed Public Housing (HOPE VI) in fiscal year 2011 and prior fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated: Provided further, That the Secretary shall make grant awards not later than 1 year after the date of enactment of this Act in such amounts that the Secretary determines: Provided further, That notwithstanding section 24(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437v(o) ), the Secretary may, until September 30, 2023, obligate any available unobligated balances made available under this heading in this or any prior Act. SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2026, $200,000,000: Provided, That of the sums appropriated under this heading— (1) $150,000,000 shall be available for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ), to promote the development of local strategies to coordinate the use of assistance under sections 8 and 9 of such Act with public and private resources, and enable eligible families to achieve economic independence and self-sufficiency: Provided, That the Secretary may, by Federal Register notice, waive or specify alternative requirements under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in order to facilitate the operation of a unified self-sufficiency program for individuals receiving assistance under different provisions of such Act, as determined by the Secretary; (2) $35,000,000 shall be available for the Resident Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 ( 42 U.S.C. 1437z–6 ) and the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (3) $15,000,000 shall be available for a Jobs-Plus Initiative, modeled after the Jobs-Plus demonstration: Provided, That funding provided under this paragraph shall be available for competitive grants to partnerships between public housing authorities, local workforce investment boards established under section 107 of the Workforce Innovation and Opportunity Act of 2014 ( 29 U.S.C. 3122 ), and other agencies and organizations that provide support to help public housing residents obtain employment and increase earnings: Provided further, That applicants must demonstrate the ability to provide services to residents, partner with workforce investment boards, and leverage service dollars: Provided further, That the Secretary may allow public housing agencies to request exemptions from rent and income limitation requirements under sections 3 and 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a , 1437d), as necessary to implement the Jobs-Plus program, on such terms and conditions as the Secretary may approve upon a finding by the Secretary that any such waivers or alternative requirements are necessary for the effective implementation of the Jobs-Plus Initiative as a voluntary program for residents: Provided further, That the Secretary shall publish by notice in the Federal Register any waivers or alternative requirements pursuant to the preceding proviso no later than 10 days before the effective date of such notice. NATIVE AMERICAN PROGRAMS (INCLUDING RESCISSION) For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (in this heading NAHASDA ) ( 25 U.S.C. 4111 et seq. ), title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) with respect to Indian tribes, and related training and technical assistance, $1,052,086,000, to remain available until September 30, 2027: Provided, That of the sums appropriated under this heading— (1) $819,086,000 shall be available for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, That, notwithstanding NAHASDA, to determine the amount of the allocation under title I of such Act for each Indian tribe, the Secretary shall apply the formula under section 302 of such Act with the need component based on single-race census data and with the need component based on multi-race census data, and the amount of the allocation for each Indian tribe shall be the greater of the two resulting allocation amounts: Provided further, That the Secretary shall notify grantees of their formula allocation not later than 60 days after the date of enactment of this Act; (2) $150,000,000 shall be available for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided, That the Secretary shall obligate such amount for competitive grants to eligible recipients authorized under NAHASDA that apply for funds: Provided further, That in awarding amounts made available in this paragraph, the Secretary shall consider need and administrative capacity, and shall give priority to projects that will spur construction and rehabilitation of housing: Provided further, That a grant funded pursuant to this paragraph shall be in an amount not greater than $7,500,000: Provided further, That any amounts transferred for the necessary costs of administering and overseeing the obligation and expenditure of such additional amounts in prior Acts may also be used for the necessary costs of administering and overseeing such additional amount; (3) $1,000,000 shall be available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided, That such costs, including the cost of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ): Provided further, That amounts made available in this and prior Acts for the cost of such guaranteed notes and other obligations that are unobligated, including recaptures and carryover, shall be available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $50,000,000, to remain available until September 30, 2024: Provided further, That any remaining loan guarantee limitation authorized for this program in fiscal year 2020 or prior fiscal years is hereby rescinded; (4) $75,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), not more than $5,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided, That not to exceed 20 percent of any grant made with amounts made available in this paragraph shall be expended for planning and management development and administration; and (5) $7,000,000, in addition to amounts otherwise available for such purpose, shall be available for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the inspection of Indian housing units, for contract expertise, and for training and technical assistance related to amounts made available under this heading and other headings in this Act for the needs of Native American families and Indian country: Provided, That of the amounts made available in this paragraph, not less than $2,000,000 shall be for a national organization as authorized under section 703 of NAHASDA ( 25 U.S.C. 4212 ): Provided further, That amounts made available in this paragraph may be used, contracted, or competed as determined by the Secretary: Provided further, That notwithstanding chapter 63 of title 31, United States Code (commonly known as the Federal Grant and Cooperative Agreements Act of 1977), the amounts made available in this paragraph may be used by the Secretary to enter into cooperative agreements with public and private organizations, agencies, institutions, and other technical assistance providers to support the administration of negotiated rulemaking under section 106 of NAHASDA ( 25 U.S.C. 4116 ), the administration of the allocation formula under section 302 of NAHASDA ( 25 U.S.C. 4152 ), and the administration of performance tracking and reporting under section 407 of NAHASDA ( 25 U.S.C. 4167 ). INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT (INCLUDING RESCISSION) For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ), $5,521,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ): Provided further, That amounts made available in this and prior Acts for the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a ), that are unobligated, including recaptures and carryover, shall be available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,400,000,000, to remain available until September 30, 2024: Provided further, That any remaining loan guarantee limitation authorized under this heading in fiscal year 2020 or prior fiscal years is hereby rescinded: Provided further, That any amounts determined by the Secretary to be unavailable are hereby returned to the General Fund of the Treasury. NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 et seq. ), $22,300,000, to remain available until September 30, 2027: Provided, That notwithstanding section 812(b) of such Act, the Department of Hawaiian Home Lands may not invest grant amounts made available under this heading in investment securities and other obligations: Provided further, That amounts made available under this heading in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the Hawaiian Home Lands, notwithstanding any other provision of law. NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ), any part of which is to be guaranteed, shall not exceed $28,000,000 in total loan principal, to remain available until September 30, 2024: Provided, That the Secretary may enter into commitments to guarantee loans used for refinancing. Community planning and development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. ), $468,000,000, to remain available until September 30, 2024, except that amounts allocated pursuant to section 854(c)(5) of such Act shall remain available until September 30, 2025: Provided, That the Secretary shall renew or replace all expiring contracts for permanent supportive housing that initially were funded under section 854(c)(5) of such Act from funds made available under this heading in fiscal year 2010 and prior fiscal years that meet all program requirements before awarding funds for new contracts under such section: Provided further, That the process for submitting amendments and approving replacement contracts shall be established by the Secretary in a notice: Provided further, That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act. COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activities, and other purposes, $4,817,726,000, to remain available until September 30, 2026: Provided, That of the sums appropriated under this heading— (1) $3,525,000,000 shall be available for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended ( 42 U.S.C. 5301 et seq. ) (in this heading the Act ): Provided, That not to exceed 20 percent of any grant made with funds made available under this paragraph shall be expended for planning and management development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, or insular area that directly or indirectly receives funds under this paragraph may not sell, trade, or otherwise transfer all or any portion of such funds to another such entity in exchange for any other funds, credits, or non-Federal considerations, but shall use such funds for activities eligible under title I of the Act: Provided further, That notwithstanding section 105(e)(1) of the Act, no funds made available under this paragraph may be provided to a for-profit entity for an economic development project under section 105(a)(17) unless such project has been evaluated and selected in accordance with guidelines required under subsection (e)(2) of section 105; (2) $200,000,000 shall be available for the Secretary to award grants on a competitive basis to state and local governments, metropolitan planning organizations, and multijurisdictional entities for additional activities under title I of the Act for the identification and removal of barriers to affordable housing production: Provided, That eligible uses of such grants include activities to further develop, evaluate, and implement housing policy plans, improve housing strategies, and facilitate affordable housing production: Provided further, That the Secretary shall prioritize applicants that are able to (A) demonstrate progress and a commitment to overcoming local barriers to facilitate the increase in affordable housing production; and (B) show rising housing costs, or the reasonable expectation that costs will rise, in their jurisdiction, using Census or other data: 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 further, That in administering such amounts the Secretary may waive or specify alternative requirements for any provision of such title I except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and requirements that activities benefit persons of low- and moderate-income, upon a finding that any such waivers or alternative requirements are necessary to expedite or facilitate the use of such amount; (3) $25,000,000 shall be available for activities authorized under section 8071 of the SUPPORT for Patients and Communities Act ( Public Law 115–271 ): Provided, That the funds allocated pursuant to this paragraph shall not adversely affect the amount of any formula assistance received by a State under paragraph (1) of this heading: Provided further, That the Secretary shall allocate the funds for such activities based on the notice establishing the funding formula published in 84 FR 16027 (April 17, 2019) except that the formula shall use age-adjusted rates of drug overdose deaths for 2020 based on data from the Centers for Disease Control and Prevention; and (4) $1,067,726,000 shall be available for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Congressionally Directed Spending in the table entitled Congressionally Directed Spending included in the explanatory statement accompanying this Act: Provided, That not to exceed 20 percent of any grant made with funds made available under this paragraph shall be expended for planning and management development and administration: Provided further, That none of the amounts made available under this paragraph shall be used for reimbursement of expenses incurred prior to the obligation of funds. 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 exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in subsection (k) of such section 108: Provided, That the Secretary shall collect fees from borrowers, notwithstanding subsection (m) of such section 108, to result in a credit subsidy cost of zero for guaranteeing such loans, and any such fees shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided further, That such commitment authority funded by fees may be used to guarantee, or make commitments to guarantee, notes or other obligations issued by any State on behalf of non-entitlement communities in the State in accordance with the requirements of such section 108: Provided further, That any State receiving such a guarantee or commitment under the preceding proviso shall distribute all funds subject to such guarantee to the units of general local government in non-entitlement areas that received the commitment. HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended ( 42 U.S.C. 12721 et seq. ), $1,725,000,000, to remain available until September 30, 2026: Provided, That notwithstanding section 231(b) of such Act ( 42 U.S.C. 12771(b) ), all unobligated balances remaining from amounts recaptured pursuant to such section that remain available until expended shall be combined with amounts made available under this heading and allocated in accordance with the formula under section 217(b)(1)(A) of such Act ( 42 U.S.C. 12747(b)(1)(A) ): Provided further, That the Department shall notify grantees of their formula allocations within 60 days after enactment of this Act: Provided further, That section 218(g) of such Act ( 42 U.S.C. 12748(g) ) shall not apply with respect to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in any calendar year from 2016 through 2025 under that section: Provided further, That section 231(b) of such Act ( 42 U.S.C. 12771(b) ) shall not apply to any uninvested funds that otherwise were deducted or would be deducted from the line of credit in the participating jurisdiction's HOME Investment Trust Fund in any calendar year from 2018 through 2025 under that section. SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 note), and for related activities and assistance, $70,000,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading— (1) $17,000,000 shall be available for the Self-Help Homeownership Opportunity Program as authorized under such section 11: Provided, That the maximum average expenditure for the combined cost of land acquisition and infrastructure improvements shall be increased to $20,000 per unit; (2) $43,000,000 shall be available for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 note), of which not less than $5,000,000 shall be for rural capacity building activities: Provided, That for purposes of awarding grants from amounts made available in this paragraph, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations; (3) $6,000,000 shall be available for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities; and (4) $4,000,000 shall be available for a program to rehabilitate and modify the homes of disabled or low-income veterans, as authorized under section 1079 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 38 U.S.C. 2101 note): Provided, That the issuance of a Notice of Funding Opportunity for the amounts made available in this paragraph shall be completed not later than 120 days after enactment of this Act and such amounts shall be awarded not later than 180 days after such issuance. HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. ), and for related activities and assistance, $3,545,000,000, to remain available until September 30, 2025: Provided, That of the sums appropriated under this heading— (1) $290,000,000 shall be available for the Emergency Solutions Grants program authorized under subtitle B of such title IV ( 42 U.S.C. 11371 et seq. ): Provided, That the Department shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for the Emergency Solutions Grant program not later than 60 days after enactment of this Act; (2) $3,041,000,000 shall be available for the Continuum of Care program authorized under subtitle C of such title IV ( 42 U.S.C. 11381 et seq. ) and the Rural Housing Stability Assistance programs authorized under subtitle D of such title IV ( 42 U.S.C. 11408 ): Provided, That the Secretary shall prioritize funding under the Continuum of Care program to continuums of care that have demonstrated a capacity to reallocate funding from lower performing projects to higher performing projects: Provided further, That the Secretary shall provide incentives to create projects that coordinate with housing providers and healthcare organizations to provide permanent supportive housing and rapid re-housing services: Provided further, That the Secretary may establish by notice an alternative maximum amount for administrative costs related to the requirements described in sections 402(f)(1) and 402(f)(2) of subtitle A of such title IV or no more than 5 percent or $50,000, whichever is greater, notwithstanding the 3 percent limitation in section 423(a)(10) of such subtitle C: Provided further, That of the amounts made available for the Continuum of Care program under this paragraph, not less than $52,000,000 shall be for grants for new rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities that the Secretary determines to be critical in order to assist survivors of domestic violence, dating violence, sexual assault, or stalking: Provided further, That amounts made available for the Continuum of Care program under this paragraph and any remaining unobligated balances under this heading in prior Acts may be used to competitively or non-competitively renew or replace grants for youth homeless demonstration projects under the Continuum of Care program, notwithstanding any conflict with the requirements of the Continuum of Care program; (3) $7,000,000 shall be available for the national homeless data analysis project: Provided, That notwithstanding the provisions of the Federal Grant and Cooperative Agreements Act of 1977 ( 31 U.S.C. 6301–6308 ), the amounts made available under this paragraph and any remaining unobligated balances under this heading for such purposes in prior Acts may be used by the Secretary to enter into cooperative agreements with such entities as may be determined by the Secretary, including public and private organizations, agencies, and institutions; (4) $107,000,000 shall be available to implement projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided, That of the amount made available under this paragraph, not less than $25,000,000 shall be for youth homelessness system improvement grants to support communities, including but not limited to the communities assisted under the matter preceding this proviso, in establishing and implementing a response system for youth homelessness, or for improving their existing system: Provided further, That of the amount made available under this paragraph, up to $10,000,000 shall be to provide technical assistance to communities, including but not limited to the communities assisted in the preceding proviso and the matter preceding such proviso, on improving system responses to youth homelessness, and collection, analysis, use, and reporting of data and performance measures under the comprehensive approaches to serve homeless youth, in addition to and in coordination with other technical assistance funds provided under this title: Provided further, That the Secretary may use up to 10 percent of the amount made available under the preceding proviso to build the capacity of current technical assistance providers or to train new technical assistance providers with verifiable prior experience with systems and programs for youth experiencing homelessness; and (5) $100,000,000 shall be available for one-time awards under the Continuum of Care program for new construction, acquisition, or rehabilitation of new permanent supportive housing, of which not more than 20 percent of such awards may be used for other Continuum of Care eligible activities associated with such projects and not more than 10 percent of such awards may be used for project administration: Provided, That these amounts shall be awarded on a competitive basis, based on need and other factors to be determined by the Secretary, including incentives to establish projects that coordinate with housing providers, healthcare organizations and social service providers: Provided further, That not less than $30,000,000 shall be awarded to applicants for projects within States with populations less than 2,500,000, except that if such amount is undersubscribed any remaining amounts may be awarded to qualified applicants for projects in any State: Provided further, That the grants for ongoing costs associated with such projects shall be eligible for renewal under the Continuum of Care program subject to the same terms and conditions as other renewal applicants: Provided further, That youth aged 24 and under seeking assistance under this heading shall not be required to provide third party documentation to establish their eligibility under subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ) to receive services: Provided further, That unaccompanied youth aged 24 and under or families headed by youth aged 24 and under who are living in unsafe situations may be served by youth-serving providers funded under this heading: Provided further, That persons eligible under section 103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served by any project funded under this heading to provide both transitional housing and rapid re-housing: Provided further, That for all matching funds requirements applicable to funds made available under this heading for this fiscal year and prior fiscal years, a grantee may use (or could have used) as a source of match funds other funds administered by the Secretary and other Federal agencies unless there is (or was) a specific statutory prohibition on any such use of any such funds: Provided further, That none of the funds made available under this heading shall be available to provide funding for new projects, except for projects created through reallocation, unless the Secretary determines that the continuum of care has demonstrated that projects are evaluated and ranked based on the degree to which they improve the continuum of care's system performance: Provided further, That any unobligated amounts remaining from funds made available under this heading in fiscal year 2012 and prior years for project-based rental assistance for rehabilitation projects with 10-year grant terms may be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading in fiscal year 2019 or prior years, except for rental assistance amounts that were recaptured and made available until expended, shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated. Housing programs PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ) ( the Act ), not otherwise provided for, $14,287,100,000, to remain available until expended, shall be available on October 1, 2022 (in addition to the $400,000,000 previously appropriated under this heading that became available October 1, 2022), and $400,000,000, to remain available until expended, shall be available on October 1, 2023: Provided, That the amounts made available under this heading shall be available for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11401 ), for renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this heading: Provided further, That of the total amounts provided under this heading, not to exceed $375,000,000 shall be available for performance-based contract administrators for section 8 project-based assistance, for carrying out 42 U.S.C. 1437(f) : Provided further, That the Secretary may also use such amounts in the preceding proviso for performance-based contract administrators for the administration of: interest reduction payments pursuant to section 236(a) of the National Housing Act ( 12 U.S.C. 1715z–1(a) ); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); section 236(f)(2) rental assistance payments ( 12 U.S.C. 1715z–1(f)(2) ); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q ); project rental assistance contracts for supportive housing for persons with disabilities under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ); project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667); and loans under section 202 of the Housing Act of 1959 ( Public Law 86–372 ; 73 Stat. 667): Provided further, That amounts recaptured under this heading, the heading Annual Contributions for Assisted Housing , or the heading Housing Certificate Fund , may be used for renewals of or amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated: Provided further, 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 determined by the Secretary, shall be remitted to the Department and deposited in this account, to be available until expended: Provided further, That amounts deposited pursuant to the preceding proviso shall be available in addition to the amount otherwise provided by this heading for uses authorized under this heading: Provided further, That of the total amounts provided under this heading, not to exceed $53,100,000 shall be available for rent adjustments authorized under section 515(d) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (as added by section 240(a) of this Act): Provided further, That up to 2 percent of the total amount made available in the preceding proviso shall be for administrative contract costs, including for carrying out due diligence and underwriting functions for evaluating owners' requests and for technical assistance activities: Provided further, That any additional amounts for rent adjustments or supplemental contract funding authorized under the two preceding provisos shall be combined with other amounts obligated to such contracts and the combined total amount shall be available for all purposes under such contracts. HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), for project rental assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 5-year term, for senior preservation rental assistance contracts, including renewals, as authorized by section 811(e) of the American Homeownership and Economic Opportunity Act of 2000 ( 12 U.S.C. 1701q note), and for supportive services associated with the housing, $1,033,000,000 to remain available until September 30, 2026: Provided, That of the amount made available under this heading, up to $170,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects: Provided further, That any funding for existing service coordinators under the preceding proviso shall be provided within 120 days of enactment of this Act: Provided further, That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 202 projects: Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That upon request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 202 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026: Provided further, That amounts deposited in this account pursuant to the preceding proviso shall be available, in addition to the amounts otherwise provided by this heading, for the purposes authorized under this heading: Provided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be available for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated: Provided further, That of the total amount made available under this heading, up to $10,000,000 shall be used by the Secretary to support preservation transactions of housing for the elderly originally developed with a capital advance and assisted by a project rental assistance contract under the provisions of section 202(c) of the Housing Act of 1959. HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ), for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, for project assistance contracts pursuant to subsection (h) of section 202 of the Housing Act of 1959, as added by section 205(a) of the Housing and Community Development Amendments of 1978 ( Public Law 95–557 : 92 Stat. 2090), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 5-year term, for project rental assistance to State housing finance agencies and other appropriate entities as authorized under section 811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, $287,700,000, to remain available until September 30, 2026: Provided, That amounts made available under this heading shall be available for Real Estate Assessment Center inspections and inspection-related activities associated with section 811 projects: Provided further, That, upon the request of the Secretary, project funds that are held in residual receipts accounts for any project subject to a section 811 project rental assistance contract, and that upon termination of such contract are in excess of an amount to be determined by the Secretary, shall be remitted to the Department and deposited in this account, to remain available until September 30, 2026: Provided further, That amounts deposited in this account pursuant to the preceding proviso shall be available in addition to the amounts otherwise provided by this heading for the purposes authorized under this heading: Provided further, That unobligated balances, including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be used for the current purposes authorized under this heading in addition to the purposes for which such funds originally were appropriated. 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, $63,000,000, to remain available until September 30, 2024, including up to $4,500,000 for administrative contract services: Provided, That funds shall be used for providing counseling and advice to tenants and homeowners, both current and prospective, with respect to property maintenance, financial management or literacy, and such other matters as may be appropriate to assist them in improving their housing conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; and for housing counselor training: Provided further, That for purposes of awarding grants from amounts provided under this heading, the Secretary may enter into multiyear agreements, as appropriate, subject to the availability of annual appropriations. PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. ), up to $14,000,000, to remain available until expended, of which $14,000,000 shall be derived from the Manufactured Housing Fees Trust Fund (established under section 620(e) of such Act ( 42 U.S.C. 5419(e) ): Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation from the general fund estimated at zero, and fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2023 appropriation: Provided further, That for the dispute resolution and installation programs, the Secretary may assess and collect fees from any program participant: Provided further, That such collections shall be deposited into the Trust Fund, and the Secretary, as provided herein, may use such collections, as well as fees collected under section 620 of such Act, for necessary expenses of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out responsibilities of the Secretary under such Act through the use of approved service providers that are paid directly by the recipients of their services. Federal housing administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2024: Provided, That during fiscal year 2023, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $1,000,000: Provided further, That the foregoing amount in the preceding proviso shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund: Provided further, That for administrative contract expenses of the Federal Housing Administration, $150,000,000, to remain available until September 30, 2024: Provided further, That to the extent guaranteed loan commitments exceed $200,000,000,000 on or before April 1, 2023, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000: Provided further, That notwithstanding the limitation in the first sentence of section 255(g) of the National Housing Act ( 12 U.S.C. 1715z–20(g) ), during fiscal year 2023 the Secretary may insure and enter into new commitments to insure mortgages under section 255 of the National Housing Act only to the extent that the net credit subsidy cost for such insurance does not exceed zero. GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $35,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2024: Provided, That during fiscal year 2023, gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $1,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of single family real properties owned by the Secretary and formerly insured under such Act. Government national mortgage association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) ), shall not exceed $900,000,000,000, to remain available until September 30, 2024: Provided, That $42,400,000, to remain available until September 30, 2024, shall be for necessary salaries and expenses of the Government National Mortgage Association: Provided further, That to the extent that guaranteed loan commitments exceed $155,000,000,000 on or before April 1, 2023, an additional $100 for necessary salaries and expenses shall be available until expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $3,000,000: Provided further, That receipts from Commitment and Multiclass fees collected pursuant to title III of the National Housing Act ( 12 U.S.C. 1716 et seq. ) shall be credited as offsetting collections to this account. Policy development and research RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. ), including carrying out the functions of the Secretary of Housing and Urban Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for technical assistance, $115,000,000, to remain available until September 30, 2024: Provided, That with respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into cooperative agreements with philanthropic entities, other Federal agencies, State or local governments and their agencies, Indian Tribes, tribally designated housing entities, or colleges or universities for research projects: Provided further, That with respect to the preceding proviso, such partners to the cooperative agreements shall contribute at least a 50 percent match toward the cost of the project: Provided further, That for non-competitive agreements entered into in accordance with the preceding two provisos, the Secretary shall comply with section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 ( Public Law 109–282 , 31 U.S.C. note) in lieu of compliance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545(a)(4)(C) ) with respect to documentation of award decisions: Provided further, That prior to obligation of technical assistance funding, the Secretary shall submit a plan to the House and Senate Committees on Appropriations on how the Secretary will allocate funding for this activity at least 30 days prior to obligation: Provided further, That none of the funds provided under this heading may be available for the doctoral dissertation research grant program. Fair housing and equal opportunity FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ), and section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ), $85,000,000, to remain available until September 30, 2024: Provided, That notwithstanding section 3302 of title 31, United States Code, the Secretary may assess and collect fees to cover the costs of the Fair Housing Training Academy, and may use such funds to develop on-line courses and provide such training: Provided further, That none of the funds made available under this heading may be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan: Provided further, That of the funds made available under this heading, $1,000,000 shall be available to the Secretary for the creation and promotion of translated materials and other programs that support the assistance of persons with limited English proficiency in utilizing the services provided by the Department of Housing and Urban Development. Office of lead hazard control and healthy homes LEAD HAZARD REDUCTION (INCLUDING TRANSFER OF FUNDS) For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4852 ), and for related activities and assistance, $390,000,000, 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 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) $90,000,000 shall be available for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 of such amounts shall be available for the implementation of projects in up to five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $15,000,000 of such amounts shall be available for grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-income seniors to enable them to remain in their primary residence: Provided, That of the total amount made available under this subparagraph no less than $5,000,000 shall be available to meet such needs in communities with substantial rural populations; (3) $5,000,000 shall be available for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4854 , 4854a); (4) up to $2,000,000 in total of the amounts made available under paragraphs (2) and (3) may be transferred to the heading Research and Technology for the purposes of conducting research and studies and for use in accordance with the provisos under that heading for non-competitive agreements; and (5) $5,000,000 shall be available for grants for a radon testing and mitigation safety demonstration program (the radon demonstration) in public housing: Provided, That the testing method, mitigation method, or action level used under the radon demonstration shall be as specified by applicable state or local law, if such law is more protective of human health or the environment than the method or level specified by the Secretary: Provided further, That for purposes of environmental review, pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and other provisions of law that further the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program, or other demonstrations or programs under this heading or under prior appropriations Acts for such purposes under this heading, or under the heading Housing for the Elderly under prior Appropriations Acts, shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994: Provided further, That each applicant for a grant or cooperative agreement under this heading shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a notice of funding opportunity: Provided further, That amounts made available under this heading, except for amounts in paragraph (2)(B) for home modification repairs and renovations, in this or prior appropriations Acts, still remaining available, may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this heading that are oversubscribed. Information technology fund For Department-wide and program-specific information technology systems and infrastructure, $383,750,000, to remain available until September 30, 2025, of which up to $32,950,000 shall be for development, modernization, and enhancement projects, including planning for such projects: Provided, That not more than 10 percent of the funds made available under this heading for development, modernization, and enhancement may be obligated until the Secretary submits and the House and Senate Committees on Appropriations approve a plan that— (1) identifies for each development, modernization, and enhancement project to be funded from available balances, including carryover— (A) plain language summaries of the project scope; (B) the estimated total project cost; and (C) key milestones to be met; and (2) identifies for each major modernization project— (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated life-cycle cost; (C) key milestones to be met through the project end date, including any identified system decommissioning; (D) a description of the procurement strategy and governance structure for the project and the number of HUD staff and contractors supporting the project; and (E) certification from the Chief Information Officer that each project is compliant with the Department’s enterprise architecture, life-cycle management and capital planning and investment control requirements: Provided further, That not later than 30 days after the end of each quarter, the Secretary shall submit an updated report to the Committees on Appropriations of the House of Representatives and the Senate summarizing the status, cost and plan for all modernization projects; and for each major modernization project with an approved project plan, identifying— (1) results and actual expenditures of the prior quarter; (2) any variances in cost, schedule (including procurement), or functionality from the previously approved project plan, reasons for such variances and estimated impact on total 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, $140,000,000: 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) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437f note) shall be rescinded or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. 202. None of the funds made available by this Act may be used during fiscal year 2023 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 ). 204. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 ). 205. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 206. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2023 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. 207. The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 208. None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). 209. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 2023 and 2024, the Secretary of Housing and Urban Development may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (b) Phased transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under subsection (c). (c) The transfer authorized in subsection (a) is subject to the following conditions: (1) Number and bedroom size of units (A) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (B) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (2) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with state or Federal requirements for community integration and reduced concentration of individuals with disabilities. (3) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (4) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (5) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (6) The Secretary determines that this transfer is in the best interest of the tenants. (7) If either the transferring project or the receiving project or projects meets the condition specified in subsection (d)(2)(A), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any FHA-insured mortgage lien transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (8) If the transferring project meets the requirements of subsection (d)(2), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions. (9) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a )) of any FHA-insured mortgage, except to the extent that appropriations are provided in advance for the amount of any such increased cost. (d) For purposes of this section— (1) the terms low-income and very low-income shall have the meanings provided by the statute and/or regulations governing the program under which the project is insured or assisted; (2) the term multifamily housing project means housing that meets one of the following conditions— (A) housing that is subject to a mortgage insured under the National Housing Act; (B) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (C) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (D) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ), as such section existed before the enactment of the Cranston-Gonzales National Affordable Housing Act; (E) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 8013 ); or (F) housing or vacant land that is subject to a use agreement; (3) the term project-based assistance means— (A) assistance provided under section 8(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(b) ); (B) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of such Act (as such section existed immediately before October 1, 1983); (C) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s ); (D) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z–1 ); (E) assistance payments made under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(2) ); and (F) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ); (4) the term receiving project or projects means the multifamily housing project or projects to which some or all of the project-based assistance, debt, and statutorily required low-income and very low-income use restrictions are to be transferred; (5) the term transferring project means the multifamily housing project which is transferring some or all of the project-based assistance, debt, and the statutorily required low-income and very low-income use restrictions to the receiving project or projects; and (6) the term Secretary means the Secretary of Housing and Urban Development. (e) Research report The Secretary shall conduct an evaluation of the transfer authority under this section, including the effect of such transfers on the operational efficiency, contract rents, physical and financial conditions, and long-term preservation of the affected properties. 210. (a) No assistance shall be provided under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) to any individual who— (1) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); (2) is under 24 years of age; (3) is not a veteran; (4) is unmarried; (5) does not have a dependent child; (6) is not a person with disabilities, as such term is defined in section 3(b)(3)(E) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(3)(E) ) and was not receiving assistance under such section 8 as of November 30, 2005; (7) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (8) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (b) For purposes of determining the eligibility of a person to receive assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), from private sources, or from an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), shall be considered income to that individual, except for a person over the age of 23 with dependent children. 211. The funds made available for Native Alaskans under paragraph (1) under the heading Native American Programs in title II of this Act shall be allocated to the same Native Alaskan housing block grant recipients that received funds in fiscal year 2005, and only such recipients shall be eligible to apply for funds made available under paragraph (2) of such heading. 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 programs that are attached to any dwelling units in the property. To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (in this section MAHRAA ) ( 42 U.S.C. 1437f note), and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. After disposition of any multifamily property described in this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. 213. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided, That an agency seeking a discontinuance of a reduction of subsidy under the operating fund formula shall not be exempt from asset management requirements. 214. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ,(e)), the Secretary shall not impose any requirement or guideline relating to asset management that restricts or limits in any way the use of capital funds for central office costs pursuant to paragraph (1) or (2) of section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g)(1) , (2)): Provided, That a public housing agency may not use capital funds authorized under section 9(d) for activities that are eligible under section 9(e) for assistance with amounts from the operating fund in excess of the amounts permitted under paragraph (1) or (2) of section 9(g). 215. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts Executive Offices , Administrative Support Offices , Program Offices , Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account , and Office of Inspector General within the Department of Housing and Urban Development. 216. The Secretary shall, for fiscal year 2023, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2023, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary. 217. Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. 218. The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings Administrative Support Offices , or Program Offices to any other such office under such headings: Provided, That no appropriation for any such office under such headings shall be increased or decreased by more than 10 percent or $5,000,000, whichever is less, without prior written approval of the House and Senate Committees on Appropriations: Provided further, That the Secretary shall provide notification to such Committees 3 business days in advance of any such transfers under this section up to 10 percent or $5,000,000, whichever is less. 219. (a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract. (b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) or a contract for similar project-based assistance— (1) receives a Uniform Physical Condition Standards (UPCS) score of 59 or less; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies identified by the inspector at the project have been corrected. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), but shall not apply to such units assisted under section 8(o)(13) of such Act ( 42 U.S.C. 1437f(o)(13) ) or to public housing units assisted with capital or operating funds under section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ). (c) (1) Within 15 days of the issuance of the Real Estate Assessment Center ( REAC ) inspection, the Secretary shall provide the owner with a Notice of Default with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary shall provide a copy of the Notice of Default to the tenants, the local government, any mortgagees, and any contract administrator. If the owner's appeal results in a UPCS score of 60 or above, the Secretary may withdraw the Notice of Default. (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; (C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA ); and (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 60 or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include— (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract. The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report. 220. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. ), may be used by any public housing agency for any amount of salary, including bonuses, for the chief executive officer of which, or any other official or employee of which, that exceeds the annual rate of basic pay payable for a position at level IV of the Executive Schedule at any time during any public housing agency fiscal year 2023. 221. None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 222. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 223. None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )) with respect to grants under section 106 of such Act ( 42 U.S.C. 5306 ). 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 246 of this Act. 225. None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline. 226. With respect to grant amounts awarded under the heading Homeless Assistance Grants for fiscal years 2015 through 2023 for the Continuum of Care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient's CoC program. 227. (a) From amounts made available under this title under the heading Homeless Assistance Grants , the Secretary may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) to transition from one Continuum of Care program component to another. (b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary. 228. The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements. 229. None of the amounts made available in this Act may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator funding provided in this Act. 230. Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 ( 42 U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds (except for special purpose funding, including special purpose vouchers) previously allocated to any such public housing agency under section 8 or 9 of the United States Housing Act of 1937, including any reserve funds held by the public housing agency or funds held by the Department of Housing and Urban Development, pursuant to the authority for use of section 8 or 9 funding provided under such section and section 204 of title II of the Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 ( Public Law 104–134 ; 110 Stat. 1321–28), notwithstanding the purposes for which such funds were appropriated. 231. None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading Public Housing Fund for competitive grants to evaluate and reduce lead-based paint hazards in this Act or that remain available and not awarded from prior Acts, or be used to prohibit a public housing agency from using such funds to carry out any required work pursuant to a settlement agreement, consent decree, voluntary agreement, or similar document for a violation of the Lead Safe Housing or Lead Disclosure Rules. 232. None of the funds made available by this Act may be used to issue rules or guidance in contravention of section 1210 of Public Law 115–254 (132 Stat. 3442) or section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ). 233. Funds previously made available in the Consolidated Appropriations Act, 2016 ( Public Law 114–113 ) for the Choice Neighborhoods Initiative that were available for obligation through fiscal year 2018 are to remain available through fiscal year 2024 for the liquidation of valid obligations incurred in fiscal years 2016 through 2018. 234. None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled Affirmatively Furthering Fair Housing (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled Affirmatively Furthering Fair Housing Assessment Tool (79 Fed. Reg. 57949 (September 26, 2014)). 235. The language under the heading Rental Assistance Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 ( Public Law 112–55 ), as most recently amended by Public Law 117–103 , is further amended— (1) in the initial undesignated matter, by striking and Public Housing Operating Fund and inserting , Public Housing Operating Fund and Public Housing Fund ; (2) in the second proviso, by striking until September 30, 2024 and inserting for fiscal year 2012 and thereafter ; (3) by striking the fourth proviso and inserting the following new provisos: Provided further, That at properties with assistance under section 9 of the Act requesting to partially convert such assistance, and where an event under section 18 of the Act occurs that results in the eligibility for tenant protection vouchers under section 8(o) of the Act, the Secretary may convert the tenant protection voucher assistance to assistance under a project-based subsidy contract under section 8 of the Act, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997, or assistance under section 8(o)(13) of the Act, so long as the property meets any additional requirements established by the Secretary to facilitate conversion: Provided further, That to facilitate the conversion of assistance under the previous proviso, the Secretary may transfer an amount equal to the total amount that would have been allocated for tenant protection voucher assistance for properties that have requested such conversions from amounts made available for tenant protection voucher assistance under the heading Tenant-Based Rental Assistance to the heading Project-Based Rental Assistance : Provided further, That at properties with assistance previously converted hereunder to assistance under the heading Project Based Rental Assistance, which are also separately assisted under section 8(o)(13) of the Act, the Secretary may, with the consent of the public housing agency and owner, terminate such project-based subsidy contracts and immediately enter into one new project-based subsidy contract under section 8 of the Act, which shall be eligible for renewal under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997, subject to the requirement that any residents assisted under section 8(o)(13) of the Act at the time of such termination of such project-based subsidy contract shall retain all rights accrued under section 8(o)(13)(E) of the Act under the new project-based subsidy contract and section 8(o)(13)(F)(iv) of the Act shall not apply: Provided further, That to carry out the previous proviso, the Secretary may transfer from the heading Tenant-Based Rental Assistance to the heading Project-Based Rental Assistance an amount equal to the amounts associated with such terminating contract under section 8(o)(13) of the Act: ; (4) in the thirteenth proviso, as reordered above, by— (A) inserting Public Housing Fund , Self-Sufficiency Programs , Family Self-Sufficiency following Public Housing Operating Fund , ; and (B) inserting or the ongoing availability of services for residents after effective conversion of assistance under the demonstration ; (5) after the twenty-third proviso, as reordered above, by inserting the following proviso: Provided further, That owners of properties with a senior preservation rental assistance contract under section 811 of the American Homeownership and Economic Opportunity Act of 2000 ( 12 U.S.C. 1701q note), shall be eligible, subject to requirements established by the Secretary as necessary to facilitate the conversion of assistance while maintaining the affordability period and the designation of the property as serving elderly families, and tenant consultation procedures, for conversion of assistance available for such assistance contracts to assistance under a long-term project-based subsidy contract under section 8 of the Act ; (6) in the twenty-eighth proviso, as reordered above, by inserting , section 811 of the American Homeownership and Economic Opportunity Act of 2000, after Housing Act of 1959 ; and (7) in the thirty-third proviso, as reordered above, by striking any section 202 project rental assistance contract or section 811 project rental assistance contract conversions and inserting the conversion of assistance from section 202(c)(2) of the Housing Act of 1959, section 811 of the American Homeownership and Economic Opportunity Act of 2000, or section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act . 236. For fiscal year 2023, if the Secretary determines or has determined, for any prior formula grant allocation administered by the Secretary through the Offices of Public and Indian Housing, Community Planning and Development, or Housing, that a recipient received an allocation greater than the amount such recipient should have received for a formula allocation cycle pursuant to applicable statutes and regulations, the Secretary may adjust for any such funding error in the next applicable formula allocation cycle by (a) offsetting each such recipient’s formula allocation (if eligible for a formula allocation in the next applicable formula allocation cycle) by the amount of any such funding error, and (b) reallocating any available balances that are attributable to the offset to the recipient or recipients that would have been allocated additional funds in the formula allocation cycle in which any such error occurred (if such recipient or recipients are eligible for a formula allocation in the next applicable formula allocation cycle) in an amount proportionate to such recipient’s eligibility under the next applicable formula allocation cycle: Provided, That all offsets and reallocations from such available balances shall be recorded against funds available for the next applicable formula allocation cycle: Provided further, That the term next applicable formula allocation cycle means the first formula allocation cycle for a program that is reasonably available for correction following such a Secretarial determination: Provided further, That if, upon request by a recipient and giving consideration to all Federal resources available to the recipient for the same grant purposes, the Secretary determines that the offset in the next applicable formula allocation cycle would critically impair the recipient’s ability to accomplish the purpose of the formula grant, the Secretary may adjust for the funding error across two or more formula allocation cycles. 237. Section 239 of the Department of Housing and Urban Development Appropriations Act, 2016 ( Public Law 114–113 ; 129 Stat. 2897) is amended by striking 7-year period and inserting 8-year period in the fifth sentence. 238. 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 of such transferring office, to remain available until September 30, 2025: Provided, That this transfer authority shall not be used to fund information technology projects or activities that have known out-year development, modernization, or enhancement costs in excess of $500,000: Provided further, That the Secretary shall provide notification to the House and Senate Committees on Appropriations no less than three business days in advance of any such transfer. 239. Funds previously made available in the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ) for Lead Hazard Reduction that were available for obligation through fiscal year 2020 are to remain available through fiscal year 2027 for the liquidation of valid obligations incurred in fiscal years 2019 through 2020. 240. The Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437f note) is amended— (a) in section 515, by adding at the end the following new subsection: (d) Rent adjustments and subsequent renewals After the initial renewal of a section 8 contract pursuant to this section and notwithstanding any other provision of law or contract regarding the adjustment of rents or subsequent renewal of such contract for a project, including such a provision in section 514 or this section, in the case of a project subject to any restrictions imposed pursuant to sections 514 or this section, the Secretary may, not more often than once every 10 years, adjust such rents or renew such contracts at rent levels that are equal to the lesser of budget-based rents or comparable market rents for the market area upon the request of an owner or purchaser who— (1) demonstrates that— (A) project income is insufficient to operate and maintain the project, as determined by the Secretary; or (B) the rent adjustment or renewal contract is necessary to support commercially reasonable financing (including any required debt service coverage and replacement reserve) for rehabilitation necessary to ensure the long-term sustainability of the project, as determined by the Secretary; and (2) agrees to— (A) extend the affordability and use restrictions required under 514(e)(6) for an additional twenty years; and (B) enter into a binding commitment to continue to renew such contract for and during such extended term, provided that after the affordability and use restrictions required under 514(e)(6) have been maintained for a term of 30 years: (i) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(2) shall request that the Secretary renew such contract under section 524 for and during such extended term; and (ii) an owner with a contract for which rent levels were set at the time of its initial renewal under section 514(g)(1) may request that the Secretary renew such contract under section 524. ; and (b) in section 579, by striking October 1, 2022 each place it appears and inserting in lieu thereof October 1, 2027 . 241. (a) With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants in the Department of Housing and Urban Development Appropriations Act, 2021 ( Public Law 116–260 ), under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a ), or in this title, Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) and Title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. ) shall not apply to applications by or awards for projects to be carried out— (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities as defined in section 401 of the McKinney-Vento Homeless-Assistance Act ( 42 U.S.C. 11360 ). (b) With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ) under the heading Homeless Assistance Grants in this title or under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 ( 42 U.S.C. 11364a )— (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) ( 25 U.S.C. 4112 ), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12706 ) and section 403 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11361 ); (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of NAHASDA ( 25 U.S.C. 4112 ); and (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney- Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) ). 242. (a) Section 184(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(a)) is amended to read as follows: (a) Authority To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies; and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian tribe on trust land and fee simple land. . (b) Section 184(b)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is amended to read as follows: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. . (c) Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ) is amended— (1) in subsection (b), by inserting , and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii after markets ; and (2) in subsection (c), by striking paragraph (2) and inserting the following: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. . 243. (a) Section 184(b)(5)(A) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(5)(A)) is amended to read as follows: (5) Terms The loan shall— (A) be made for a term not exceeding 30 years, except as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the loan shall not exceed 40 years; . (b) Section 184A(c)(5)(A) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(c)(5)(A)) is amended to read as follows: (5) Terms The loan shall— (A) be made for a term not exceeding 30 years; except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B) the term of the loan shall not exceed 40 years; . 244. Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) is amended by adding at the end the following new subsection: (j) Special activities by indian tribes Indian tribes receiving grants under section 5306(a)(1) of this title (section 106(a)(1) of this Act) shall be authorized to carry out activities described in subsection (a)(15) directly. . 245. Of the amounts made available under the heading Project-Based Rental Assistance in prior Acts, up to $1,300,000 may be transferred to Treasury Account 86–X–0148 for the liquidation of obligations incurred in fiscal year 2018 in connection with the continued provision of interest reduction payments authorized under section 236 of the National Housing Act ( 12 U.S.C. 1715z–1 ). 246. Except as otherwise provided in this Act, none of the funds provided in this title, provided by previous appropriations Acts to the Department of Housing and Urban Development that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection of fees and available to the Department of Housing and Urban Development, shall be available for obligation or expenditure through a reprogramming of funds that— (1) For Program and Information Technology funds— (A) initiates or creates a new program, project, or activity; (B) eliminates a program, project, or activity; (C) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (D) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (E) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; or (F) reduces existing programs, projects, or activities by $5,000,000 or 10 percent whichever is less; (2) For Salaries and Expenses funds— (A) assigns personnel or hires to support the creation of a new program, project, or activity not previously included in the President's budget; (B) increases the personnel or other resources for any program, project, or activity for which funds have been denied or restricted by the Congress; (C) relocates or closes an office; or (D) creates, reorganizes or restructures an office, division, branch, board or administration, which shall include the transfer of any function from one organizational unit to another organizational unit; unless prior written notification is provided to, and approval is received from the House and Senate Committees on Appropriations. 247. Not later than 60 days after the date of enactment of this Act, the Department of Housing and Urban Development shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided, That the report shall include— (1) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) for program and information technology funds, a delineation in the table for each appropriation and its respective prior year enacted level by program, project, and activity as detailed in this Act, the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committees on Appropriations, or the budget appendix for the respective appropriation, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all new programs for which new budget authority is provided; (3) for salaries and expenses funds, an organizational chart for each office that includes detail to the branch level, and clearly identifies those organizational units to which paragraph (2) shall be applied; and (4) an identification of items of special congressional interest. 248. The Secretary shall comply with all process requirements, including public notice and comment, when seeking to revise any annual contributions contract. 249. None of the funds appropriated or otherwise made available in this or prior Acts may be used by the Department to carry out customer experience activities within the Office of the Assistant Chief Financial Officer for Budget. 250. For an additional amount for Long-Term Disaster Recovery Fund , $1,447,000,000, to remain available until expended, for grants for the Community Development Block Grant Disaster Recovery Program under section 123 of the Housing and Community Development Act of 1974, as added by section 506 of title V of this Act, to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2023 . III RELATED AGENCIES Access board SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ), $9,850,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. Federal maritime commission SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 46107 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; and uniforms or allowances therefore, as authorized by sections 5901 and 5902 of title 5, United States Code, $38,260,000, of which $2,000,000 shall remain available until September 30, 2024: Provided, That not to exceed $3,500 shall be for official reception and representation expenses. National railroad passenger corporation Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 ( 5 U.S.C. App. 3 ), $27,720,000: Provided, That the Inspector General shall have all necessary authority, in carrying out the duties specified in such Act, to investigate allegations of fraud, including false statements to the Government under section 1001 of title 18, United States Code, by any person or entity that is subject to regulation by the National Railroad Passenger Corporation: Provided further, That the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, subject to the applicable laws and regulations that govern the obtaining of such services within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General, subject to the applicable laws and regulations that govern such selections, appointments, and employment within the National Railroad Passenger Corporation: Provided further, That concurrent with the President’s budget request for fiscal year 2024, the Inspector General shall submit to the House and Senate Committees on Appropriations a budget request for fiscal year 2024 in similar format and substance to budget requests submitted by executive agencies of the Federal Government. National transportation safety board SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $129,300,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided, That the amounts made available to the National Transportation Safety Board in this Act include amounts necessary to make lease payments on an obligation incurred in fiscal year 2001 for a capital lease. Neighborhood reinvestment corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 ), $166,000,000: Provided, That an additional $4,000,000, to remain available until September 30, 2026, shall be for the promotion and development of shared equity housing models. Surface transportation board SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $41,429,000: Provided, That, notwithstanding any other provision of law, not to exceed $1,250,000 from fees established by the Surface Transportation Board shall be credited to this appropriation as offsetting collections and used for necessary and authorized expenses under this heading: Provided further, That the amounts made available under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2023, to result in a final appropriation from the general fund estimated at not more than $40,179,000. United states interagency council on homelessness OPERATING EXPENSES For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $4,000,000. IV GENERAL PROVISIONS—THIS ACT 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. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in titles I or III of this Act, provided by previous appropriations Acts to the agencies or entities in titles I or III of this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by titles I or III of this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed; unless prior approval is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of enactment of this Act, agencies funded by title I or III of this Act shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That the report shall include— (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest. 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 Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines under sections 246 and 405 of this Act. 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided, That for purposes of this section, public use shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use of funds for mass transit, railroad, airport, seaport or highway projects, as well as utility projects which benefit or serve the general public (including energy-related, communication-related, water-related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields as defined in the Small Business Liability Relief and Brownfields Revitalization Act ( Public Law 107–118 ) shall be considered a public use for purposes of eminent domain. 408. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 409. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S.C. 8301–8305 , popularly known as the Buy American Act ). 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 ). 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. 412. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided, That for purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. 413. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 414. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 415. (a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. (b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 416. None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations. 417. 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. 418. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 419. (a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. (b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law. V REFORMING DISASTER RECOVERY ACT SHORT TITLE 501. This title may be cited as the Reforming Disaster Recovery Act . FINDINGS 502. Congress finds that— (1) following a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the subset of communities that are most impacted and distressed as a result of the disaster face critical social, economic, and environmental obstacles to recovery, including insufficient public and private resources to address disaster-related housing and community development needs for lower income households and distressed communities; (2) unmet disaster recovery needs, including housing assistance needs, can be especially widespread among persons with extremely low, low, and moderate incomes; (3) economic, social, and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery, especially after catastrophic major disasters; (4) States, units of local government, and Indian Tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs, but face inadequate financial, technical, and staffing capacity to plan and carry out sustained recovery, restoration, and mitigation activities; (5) the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief, long-term recovery, restoration of housing and infrastructure, and economic revitalization, primarily for the benefit of low- and moderate-income persons; (6) undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing, including affordable rental housing, as part of long-term recovery can significantly reduce future fiscal and social costs, especially within high-risk areas, and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience; and (7) the general welfare and security of the nation and the health and living standards of its people require targeted resources to support State and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit persons of low and moderate income. DEFINITIONS 503. In this Act: (1) Department The term Department means the Department of Housing and Urban Development. (2) Fund The term Fund means the Long-Term Disaster Recovery Fund established under section 505. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. DUTIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 504. (a) In general The offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency, the Small Business Administration, and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) that demonstrate capacity constraints; and (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery, and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies. (b) Establishment of the office of disaster management and resiliency Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following: (i) Office of disaster management and resiliency (1) Establishment There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties The Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities. . LONG-TERM DISASTER RECOVERY FUND 505. (a) Establishment There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund. (b) Deposits, transfers, and credit (1) In general The Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers The following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) ) as a result of actions taken under section 104(e), 111, or 123(j) of such Act. (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund in any Act prior to the establishment of the Fund. (3) Use of transferred amounts Amounts transferred to the Fund shall be used for the eligible uses described in subsection (c). (c) Eligible uses of fund (1) In general Amounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 506; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside Of each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds Amounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development , or any successor account, for the Department to carry out activities described in paragraph (1)(B); and (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) in any Act before the establishment of the Fund. (d) Interchangeability of prior administrative amounts Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development , or any predecessor account, for the Department for the costs of administering funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund for any major disaster declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) shall be available for the costs of administering any such funds provided by any prior or future Act, notwithstanding the purposes for which those amounts were appropriated and in addition to any amount provided for the same purposes in other appropriations Acts. (e) Availability of amounts Amounts appropriated, transferred and credited to the Fund shall remain available until expended. (f) Formula allocation Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 506. (g) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 ) for grants under section 123 of the Housing and Community Development Act of 1974, as added by section 506. ESTABLISHMENT OF CDBG DISASTER RECOVERY PROGRAM 506. Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) is amended— (1) in section 102(a) ( 42 U.S.C. 5302(a) )— (A) in paragraph (20)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) ; and (iii) by inserting after subparagraph (A) the following: (B) The term persons of extremely low income means families and individuals whose income levels do not exceed household income levels determined by the Secretary under section 3(b)(2) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(2)(C) ), except that the Secretary may provide alternative definitions for the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa. ; and (B) by adding at the end the following: (25) The term major disaster has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). ; (2) in section 106(c)(4) ( 42 U.S.C. 5306(c)(4) )— (A) in subparagraph (A)— (i) by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ; (ii) inserting States for use in nonentitlement areas and to before metropolitan cities ; and (iii) inserting major after affected by the ; (B) in subparagraph (C)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; (ii) by striking city or county and inserting State, city, or county ; and (iii) by inserting major before disaster ; (C) in subparagraph (D), by striking metropolitan cities and and inserting States, metropolitan cities, and ; (D) in subparagraph (F)— (i) by striking metropolitan city or and inserting State, metropolitan city, or ; and (ii) by inserting major before disaster ; and (E) in subparagraph (G), by striking metropolitan city or and inserting State, metropolitan city, or ; and (3) in section 122 ( 42 U.S.C. 5321 ), by striking disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and inserting major disaster ; and (4) by adding at the end the following: 123. Community development block grant disaster recovery program (a) Authorization, formula, and allocation (1) Authorization The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 505 of the Reforming Disaster Recovery Act (hereinafter referred to as the Fund ) for necessary expenses for activities authorized under subsection (f)(1) related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster. (2) Grant awards Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice (A) In general Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment In the notice issued under subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be no more than 30 percent of the total estimate of unmet needs. (5) Regulations (A) In general The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements The formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance, or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas. (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold The Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds (A) In general The Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding (A) In general To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula in paragraph (4) or (5). (B) Amount (i) Maximum The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding Preliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of paragraph (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive requirements of this section in accordance with subsection (i). (F) Amended award (i) In general An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (h)(1) and (f)(1) and other requirements on grant funds under this section. (G) Technical assistance Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability The Secretary— (1) is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a); and (2) shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (c) Grantee plans (1) Requirement Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (E) the estimated amount proposed to be used for activities that will benefit persons of low- and moderate-income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (5); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval The Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit (A) Use of funds Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income residents have been addressed; and (ii) issues a waiver and alternative requirements pursuant to subsection (i) to lower the percentage. (B) Regulations The Secretary shall, by regulation, establish protocols consistent with the findings of section 502 of the Reforming Disaster Recovery Act to prioritize the use of funds by a grantee under this section to meet the needs of low- and moderate-income persons and businesses serving primarily persons of low and moderate income. (5) Prioritization The grantee shall prioritize activities that— (A) assist persons with extremely low, low, and moderate incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation (A) In general A grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities With respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and federally subsidized housing. (7) Disaster risk mitigation (A) Definition In this paragraph, the term hazard-prone areas — (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. ) or the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ). (B) Hazard-prone areas The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) ). (D) Consideration of future risks The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation (A) In general The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ) shall apply to activities assisted under this section to the extent determined by the Secretary in regulation, or as provided in waivers and alternative requirements authorized in accordance with subsection (i). (B) Policy Each grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ) and the Fair Housing Act ( 42 U.S.C. 3601 et seq. ); (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3 or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting (1) In general The Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets (A) Suspension If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting (A) Requirement to report A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by income, geography, and all classes of individuals protected under section 109. (C) Summary status reports To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations In carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities (1) In general Activities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning (A) In general The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities (A) In general Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers and alternative requirements in accordance with subsection (i). (g) Environmental review (1) Adoption A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a , 5170b, 5170c, 5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and that adoption shall satisfy the responsibilities of the recipient with respect to the environmental review, approval, or permit under section 104(g)(1). (2) Approval of release of funds Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Units of general local government The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures (1) In general The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits (A) In general Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115–254 ), and such rules as may be prescribed under such section 312. (B) Penalties In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply Any grantee provided funds under this subsection or from prior Appropriations Acts under the heading Community Development Fund for purposes related to major disasters that fails to comply with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers (1) In general In administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 502 of the Reforming Disaster Recovery Act. (2) Effective date A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification The Secretary shall notify the public of all waivers described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) ). (j) Unused amounts (1) Deadline to use amounts A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds Notwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension. . REGULATIONS 507. (a) Proposed rules Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules. (b) Final rules Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 506. COORDINATION OF DISASTER RECOVERY ASSISTANCE, BENEFITS, AND DATA WITH OTHER FEDERAL AGENCIES 508. (a) Coordination of disaster recovery assistance In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 506. (b) Data sharing agreements To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property. (c) Data transfer from FEMA and SBA to HUD As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) for the purpose of providing additional assistance to disaster survivors and prevent duplication of benefits. (d) Data transfers from HUD to HUD grantees The Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies. (e) Data transfers from HUD grantees to HUD, FEMA, and SBA (1) Reporting Grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information The Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance. (f) Privacy protection The Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters a computer matching agreement with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), or any other law, the Secretary is authorized to share data with an entity identified in subsection (d), and the entity is authorized to use the data as described in this section, if the Secretary enters a data sharing agreement with the entity before sharing or receiving any information under transfers authorized by this section, which data sharing agreement shall— (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement. VI NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 2021 Short title 601. This title may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2021 . Consolidation of environmental review requirements 602. Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4115 ) is amended by adding at the end the following: (e) Consolidation of environmental review requirements (1) In general In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project. (2) Discharge The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project. (3) Certification An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)— (A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and (B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1). (4) Liability (A) In general An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review. (B) Remedies and sanctions Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with— (i) the regulations issued pursuant to section 106; or (ii) such regulations as are issued by the other head. (C) Statutory violation waivers If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency. . Authorization of appropriations 603. Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 ) is amended, in the first sentence, by striking 2009 through 2013 and inserting 2022 through 2032 . Student housing assistance 604. Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) ) is amended by inserting including education-related stipends, college housing assistance, and other education-related assistance for low-income college students, after self-sufficiency and other services, . Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity 605. Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a)(2) ) is amended by inserting owned or operated by a recipient and after residing in a dwelling unit . Program requirements 606. Section 203(a) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a) ) (as amended by section 5) is amended— (1) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; (2) by redesignating paragraph (2) as paragraph (3); (3) by inserting after paragraph (1) the following: (2) Application of tribal policies Paragraph (3) shall not apply if— (A) the recipient has a written policy governing rents and homebuyer payments charged for dwelling units; and (B) that policy includes a provision governing maximum rents or homebuyer payments, including tenant protections. ; and (4) in paragraph (3) (as so redesignated), by striking In the case of and inserting In the absence of a written policy governing rents and homebuyer payments, in the case of . De minimis exemption for procurement of goods and services 607. Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(g) ) is amended by striking $5,000 and inserting $10,000 . Homeownership or lease-to-own low-income requirement and income targeting 608. Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4135 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (C), by striking and at the end; and (B) by adding at the end the following: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and ; and (2) in subsection (c)— (A) by striking The provisions and inserting the following: (1) In general The provisions ; and (B) by adding at the end the following: (2) Applicability to improvements The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home. . Lease requirements and tenant selection 609. Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4137 ) is amended by adding at the end the following: (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . Indian Health Service 610. (a) In general Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131 et seq. ) is amended by adding at the end the following: 211. IHS sanitation facilities construction Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project. . (b) Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( Public Law 104–330 ; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following: Sec. 211. IHS sanitation facilities construction. . Statutory authority to suspend grant funds in emergencies 611. Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4161(a)(4) ) is amended— (1) in subparagraph (A), by striking may take an action described in paragraph (1)(C) and inserting may immediately take an action described in paragraph (1)(C) ; and (2) by striking subparagraph (B) and inserting the following: (B) Procedural requirements (i) In general If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action. (ii) Notice requirements The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. (iii) Hearing requirements A hearing requested under clause (ii) shall be conducted— (I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and (II) to the maximum extent practicable, on an expedited basis. (iv) Failure to conduct a hearing If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective. . Reports to Congress 612. Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4167 ) is amended— (1) in subsection (a), by striking Congress and inserting Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives ; and (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . 99-year leasehold interest in trust or restricted lands for housing purposes 613. Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4211 ) is amended— (1) in the section heading, by striking 50-year and inserting 99-year ; (2) in subsection (b), by striking 50 years and inserting 99 years ; and (3) in subsection (c)(2), by striking 50 years and inserting 99 years . Amendments for block grants for affordable housing activities 614. Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4222(e) ) is amended by— (1) by striking The Director and inserting the following: (1) In general The Director ; and (2) by adding at the end the following: (2) Subawards Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act. . Reauthorization of Native Hawaiian homeownership provisions 615. Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 ) is amended by striking such sums as may be necessary and all that follows through the period at the end and inserting such sums as may be necessary for each of fiscal years 2022 through 2032. . Total development cost maximum project cost 616. Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities. Community-based development organizations 617. Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 ) is amended by adding at the end the following: (i) Indian tribes and tribally designated housing entities as community-Based development organizations (1) Definition In this subsection, the term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (2) Qualification An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1). . Indian tribe eligibility for hud housing counseling grants 618. Section 106(a)(4) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701x(a)(4) ) is amended— (1) in subparagraph (A)— (A) by striking and and inserting a comma; and (B) by inserting before the period at the end the following: , Indian tribes, and tribally designated housing entities ; (2) in subparagraph (B), by inserting , Indian tribes, and tribally designated housing entities after organizations) ; (3) by redesignating subparagraph (F) as subparagraph (G); and (4) by inserting after subparagraph (E) the following: (F) Definitions In this paragraph, the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). . Section 184 Indian Home Loan Guarantee program 619. (a) In general Section 184(b)(4) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(b)(4)) is amended by— (1) redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by striking The loan and inserting the following: (A) In general The loan ; (3) in subparagraph (A), as so designated, by adding at the end the following: (v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (4) by adding at the end the following: (B) Direct guarantee process (i) Authorization The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. (ii) Indemnification (I) In general If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II) Fraud or misrepresentation If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (C) Review of mortgagees (i) In general The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii) Requirements In conducting a review under clause (i), the Secretary— (I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; (II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; (iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and (I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)— (aa) based on a comparison of any of the factors set forth in this subparagraph; or (bb) by a determination that the mortgagee engaged in fraud or misrepresentation. . (b) Loan guarantees for Indian housing Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032. ; and (2) in subparagraph (C), by striking 2008 through 2012 and inserting 2022 through 2032 . Loan guarantees for Native Hawaiian housing 620. Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b ) is amended— (1) in subsection (c)(4)(B)— (A) by redesignating clause (iv) as clause (v); and (B) by adding after clause (iii) the following: (iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ). ; and (2) in subsection (j)(5)(B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2022 through 2032. . Assistant secretary for Indian housing 621. The Department of Housing and Urban Development Act ( 42 U.S.C. 3531 et seq. ) is amended— (1) in section 4 ( 42 U.S.C. 3533 )— (A) in subsection (a)(1), by striking 7 and inserting 8 ; and (B) in subsection (e)— (i) by redesignating paragraph (2) as paragraph (4); and (ii) by striking (e)(1)(A) There and all that follows through the end of paragraph (1) and inserting the following: (e) (1) There is established within the Department the Office of Native American Programs (in this subsection referred to as the Office ) to be headed by an Assistant Secretary for Native American Programs (in this subsection referred to as the Assistant Secretary ), who shall be 1 of the Assistant Secretaries in subsection (a)(1). (2) The Assistant Secretary shall be responsible for— (A) administering, in coordination with the relevant office in the Department, the provision of housing assistance to Indian tribes or Indian housing authorities under each program of the Department that provides for such assistance; (B) administering the community development block grant program for Indian tribes under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) and the provision of assistance to Indian tribes under such Act; (C) directing, coordinating, and assisting in managing any regional offices of the Department that administer Indian programs to the extent of such programs; and (D) coordinating all programs of the Department relating to Indian and Alaska Native housing and community development. (3) The Secretary shall include in the annual report under section 8 a description of the extent of the housing needs for Indian families and community development needs of Indian tribes in the United States and the activities of the Department, and extent of such activities, in meeting such needs. ; and (2) in section 8 ( 42 U.S.C. 3536 ), by striking section 4(e)(2) and inserting section 4(e)(4) . Drug elimination program 622. (a) Definitions In this section: (1) Controlled substance The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Drug-related crime The term drug-related crime means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance. (3) Recipient The term recipient — (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ); and (B) includes a recipient of funds under title VIII of that Act ( 25 U.S.C. 4221 et seq. ). (4) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) for use in eliminating drug-related and violent crime. (c) Eligible activities Grants under this section may be used for— (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals— (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); and (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including drug-abuse prevention, intervention, referral, and treatment programs; (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math. (d) Applications (1) In general To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by— (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as— (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application. (e) High intensity drug trafficking areas In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) ). (f) Reports (1) Grantee reports The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of— (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2). (g) Notice of funding awards The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h) Monitoring (1) In general The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services (A) In general Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs. (B) Description Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include— (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each fiscal years 2022 through 2032 to carry out this section. Rental assistance for homeless or at-risk Indian veterans 623. Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following: (E) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible Indian veteran The term eligible Indian veteran means an Indian veteran who is— (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ). (III) Indian; Indian area The terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (IV) Indian veteran The term Indian veteran means an Indian who is a veteran. (V) Program The term Program means the Tribal HUD–VASH program carried out under clause (ii). (VI) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (ii) Program specifications The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program , in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of Housing and Urban Development After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of Veterans Affairs After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that recipients shall— (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian Health Service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may— (I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. . Leveraging 624. All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) are spent in accordance with that Act. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4670is/xml/BILLS-117s4670is.xml |
117-s-4671 | II 117th CONGRESS 2d Session S. 4671 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Bennet introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for accurate energy appraisals in connection with residential mortgage loans, and for other purposes.
1. Short title This Act may be cited as the Getting Renewable and Energy Efficient Neighborhoods Appraisals Act of 2022 or the GREEN Appraisals Act of 2022 . 2. Getting renewable and energy efficient neighborhoods accurate energy appraisals (a) Disclosure The head of each covered agency shall require that any creditor to which an application for a covered loan is made shall provide to the borrower, on the same date that the creditor delivers or places in the mail the disclosures described under section 1026.19(e)(1)(iii)(A) of title 12, Code of Federal Regulations, for such loan, a written disclosure that includes the following: (1) A statement that the prospective borrower or current homeowner may provide an energy report, or any information in such report, regarding the property subject to the covered loan to the creditor or to a qualified appraiser or other interested party for consideration during a home appraisal or application for a covered loan. (2) A statement that the prospective borrower under the covered loan has the right to request an energy report regarding the property subject to the covered loan. (3) A statement that, in developing an appraisal in connection with such covered loan— (A) a qualified appraiser will take the information in the report into consideration; and (B) the appraisers’ final opinion of the value of the property may be higher, lower, or no different than if the energy report had not been available for the appraiser to review. (4) A statement that, as with any other data considered by the appraiser that affects the appraiser’s opinion of the value of a property, consideration of such data may help or hurt the ability of the prospective borrower to obtain a covered loan. (b) Required analysis In connection with a covered loan, the creditor under such loan shall, in underwriting the loan, use the appraised value of the subject property value as determined by a qualified appraiser. The consideration of an energy report by the qualified appraiser may not be used as a basis to reject a home appraisal or application for a covered loan. (c) Consideration of energy characteristics On and after March 1, 2024, the head of each covered agency shall require, with respect to any covered loan for a property for which an energy report is available, that upon the prospective borrower’s consent the creditor shall provide the appraiser with the energy report when the appraiser receives the assignment, and any underwriting or verification systems used by the creditor shall accommodate any appraisal that takes the energy report into consideration. (d) Consideration of information A qualified appraiser to whom an energy report is provided in connection with a covered loan shall take the information in such report into consideration when developing an appraised value of the property. In developing the appraised value of the property, the qualified appraiser shall take into consideration— (1) the energy efficiency characteristics of the property for which the report was prepared, any renewable energy related features of such property, estimated energy savings for such property, the energy consumption for such property relative to comparable homes, or any one or more of such items; (2) whether such characteristics of the property are relevant to the market value of the property; and (3) any additional information, as determined by the relevant head of a covered agency. (e) Portability Upon the request of a prospective borrower under a covered loan, the creditor shall provide a copy of an energy report with respect to the property, at no cost, to the prospective borrower. (f) Guidance (1) In general The heads of the covered agencies, after consultation with the advisory committee established pursuant to paragraph (2), shall jointly prescribe guidance for creditors to implement this section which— (A) shall confirm the acceptance, by each of the covered agencies, of all applicable approaches to value utilized by appraisers to demonstrate market reaction to energy efficiency and renewable energy; (B) shall set forth procedures for consumer disclosures, the preparation and sharing of energy reports, and the provision of the reports to qualified appraisers; and (C) shall not provide for how an appraiser shall consider information in an energy report. (2) Advisory committee The heads of the covered agencies shall jointly establish an advisory committee of stakeholders to advise the heads of the covered agencies in carrying out this section, which shall consist of representatives of housing advocates, energy efficiency and renewable energy organizations, energy raters, home builders, architects, single-family mortgage creditors, consumer advocates, appraisers, and other interested groups. (3) Systems requirements Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the heads of the covered agencies shall jointly require a creditor originating a covered loan for which an energy report is prepared under this section to use origination and underwriting systems that review, score, or rate appraisals in a manner consistent with the creditor guidance issued pursuant to paragraph (1). (g) Definitions In this section: (1) Covered agency The term covered agency means— (A) the Federal Housing Administration of the Department of Housing and Urban Development; (B) the Federal Housing Finance Agency, to the extent that such Agency oversees and regulates the enterprises, as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ); except that any requirement imposed by this section on such Agency or the Director of such Agency shall be treated as a requirement with respect to the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, to be imposed and enforced pursuant to the authority of such Director and Agency to supervise and regulate such enterprises; (C) the Government National Mortgage Association; (D) the Rural Housing Service of the Department of Agriculture; and (E) the Department of Veterans Affairs. (2) Covered loan The term covered loan means a residential mortgage loan (as such term is defined in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 )) that is made, insured, purchased, guaranteed, or securitized by a covered agency or intended to be purchased, guaranteed, or securitized by a covered agency. (3) Creditor The term creditor has the meaning given such term in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ). (4) Energy report The term energy report means, with respect to a property, an analysis that— (A) (i) details the energy-related features in the home; (ii) estimates the expected energy costs or energy savings specific to the property, or both, based on specific information about the property; or (iii) complies with both clauses (i) and (ii); (B) estimates the expected energy generated from installed renewable energy features; and (C) is conducted— (i) in accordance with the guidance issued under this section; (ii) in accordance with HERS by an individual certified by the Residential Energy Service Network, unless the Secretary finds that the use of HERS does not further the purposes of this section; (iii) by the Department of Energy’s Home Energy Score; or (iv) by other methods approved by the Secretary, in consultation with the Secretary of Energy and the advisory committee established pursuant to subsection (f)(2), for use under this section, which shall include a quality assurance procedure approved by the Secretary, in consultation with the Secretary of Energy. (5) HERS The term HERS means the Home Energy Rating System of the Residential Energy Service Network. (6) Qualified appraiser The term qualified appraiser means an appraiser who, with respect to the assignment to conduct an appraisal— (A) is licensed, qualified, or certified to conduct an appraisal in the State in which the property is located; (B) has completed 7 or more hours of continuing education on valuing energy measures and on understanding the contents of energy reports; and (C) is, at the time of agreeing to perform the assignment, competent to perform the assignment. | https://www.govinfo.gov/content/pkg/BILLS-117s4671is/xml/BILLS-117s4671is.xml |
117-s-4672 | II 117th CONGRESS 2d Session S. 4672 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Padilla (for himself and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To modify the authority of the Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and to authorize the Secretary to transfer excess aircraft to the Governor of a State, and for other purposes.
1. Short title This Act may be cited as the Emergency Aircraft Act of 2022 . 2. Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to transfer excess aircraft to States Section 1091 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 10 U.S.C. 2576 note) is amended— (1) in the section heading, by inserting and to States after Federal Government ; (2) in subsection (a), in the first sentence, by striking and the Secretary of Homeland Security for use by the Forest Service and the United States Coast Guard and inserting for use by the Forest Service, to the Secretary of Homeland Security for use by the United States Coast Guard, and to the Governor of a State ; (3) in subsection (b)— (A) in paragraph (1), by striking or the United States Coast Guard as a suitable platform to carry out their respective missions and inserting , the United States Coast Guard, or the Governor of a State, as the case may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining to wildfires ; (B) in paragraph (3), by striking ; and and inserting a semicolon; (C) in paragraph (4), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new paragraph: (5) in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor. ; (4) by striking subsection (c); (5) in subsection (d)— (A) in paragraph (1)— (i) by striking up to seven ; and (ii) by inserting the Governor of a State or to after offered to ; and (B) by amending paragraph (2) to read as follows: (2) Expiration of right of refusal A right of refusal afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph (1) with regards to an aircraft shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft. ; (6) in subsection (e)— (A) in the matter preceding paragraph (1), by inserting or to the Governor of a State after the Secretary of Agriculture ; (B) in paragraph (1), by striking wildfire suppression purposes and inserting purposes of wildfire suppression, search and rescue, or emergency operations pertaining to wildfires ; and (C) in paragraph (2)— (i) by inserting , search and rescue, emergency operations pertaining to wildfires, after efforts ; and (ii) by inserting or Governor of the State, as the case may be, after Secretary of Agriculture ; (7) in subsection (f), by striking or the Secretary of Homeland Security and inserting , the Secretary of Homeland Security, or the Governor of a State ; (8) in subsection (g), by striking and the Secretary of Homeland Security and inserting , the Secretary of Homeland Security, or the Governor of the State to which such aircraft is transferred ; (9) by adding at the end the following new subsection: (h) Reporting Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to— (1) the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State under this section; (2) the chief executive officer of a State under section 112 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 125 Stat. 1318); or (3) the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 881). ; and (10) by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. | https://www.govinfo.gov/content/pkg/BILLS-117s4672is/xml/BILLS-117s4672is.xml |
117-s-4673 | II 117th CONGRESS 2d Session S. 4673 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Grassley (for himself, Mrs. Feinstein , Mr. Shelby , Ms. Klobuchar , Mr. Cornyn , Mr. Whitehouse , Mr. Tuberville , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the National Computer Forensics Institute of the United States Secret Service, and for other purposes.
1. Short title This Act may be cited as the National Computer Forensics Institute Reauthorization Act of 2022 . 2. Reauthorization of the National Computer Forensics Institute Section 822 of the Homeland Security Act of 2002 ( 6 U.S.C. 383 ) is amended— (1) in subsection (a)— (A) in the first sentence, by striking 2017 through 2022 and inserting 2023 through 2028 ; and (B) by striking the second sentence; (2) by striking subsection (b) and inserting the following: (b) Functions The Institute shall provide information and training to any State, local, Tribal, or territorial law enforcement officer, prosecutor, or judge, any officer or employee of any agency in any branch of the Federal Government, any member of the uniformed services, or any State, local, Tribal, or territorial employee who might reasonably assist in the investigation and prevention of cyber and electronic crime and related threats, on— (1) cyber and electronic crimes and related threats; (2) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations; (3) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations; and (4) methods to obtain, process, store, and admit digital evidence in court. ; (3) in subsection (c), by striking State, local, tribal, and territorial law enforcement officers and prosecutors and inserting members and partners of the network of Cyber Fraud Task Forces of the United States Secret Service, and, when selecting participants for the training specified in subsection (b), the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees. ; (4) in subsection (d), by striking State, local, tribal and territorial law enforcement officers and inserting the individuals listed in subsection (b) ; (5) in subsection (e)— (A) in the subsection heading, by striking Electronic Crime and inserting Cyber Fraud ; (B) by striking Electronic Crime and inserting Cyber Fraud ; and (C) by striking State, local, tribal, and territorial ; and (6) by adding at the end the following: (g) Expenses The Director of the United States Secret Service may pay for all or a part of the necessary expenses of the training and information provided by the Institute under subsection (b), including travel, transportation, and subsistence expenses for recipients of the information and training. (h) Annual reports to Congress (1) In general The Secretary shall include in the annual report required under section 1116 of title 31, United States Code, information regarding the activities of the Institute, including, where possible— (A) an identification of jurisdictions with recipients of the education and training provided pursuant to subsection (b) during such year; (B) information relating to the costs associated with that education and training; (C) any information regarding projected future demand for the education and training provided pursuant to subsection (b); (D) impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats; (E) a description of the nomination process for potential recipients of the information and training provided pursuant to subsection (b); and (F) any other issues determined to be relevant by the Secretary. (2) Exception Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of title 31, United States Code, is not required to be included in the report described in paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-117s4673is/xml/BILLS-117s4673is.xml |
117-s-4674 | II 117th CONGRESS 2d Session S. 4674 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Marshall (for Mr. Durbin (for himself and Mr. Marshall )) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Electronic Fund Transfer Act to require the Board of Governors of the Federal Reserve system to prescribe regulations relating to network competition in credit card transactions, and for other purposes.
1. Short title This Act may be cited as the Credit Card Competition Act of 2022 . 2. Competition in credit card transactions (a) In general Section 921 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2 ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following: (2) Competition in credit card transactions (A) No exclusive network (i) In general Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2022 , the Board shall prescribe regulations providing that a covered card issuer or payment card network shall not directly or through any agent, processor, or licensed member of a payment card network, by contract, requirement, condition, penalty, technological specification, or otherwise, restrict the number of payment card networks on which an electronic credit transaction may be processed to— (I) 1 such network; (II) 2 or more such networks which are owned, controlled, or otherwise operated by— (aa) affiliated persons; or (bb) networks affiliated with such issuer; or (III) subject to clause (ii), the 2 such networks that hold the 2 largest market shares with respect to the number of credit cards issued in the United States by licensed members of such networks (and enabled to be processed through such networks), as determined by the Board on the date on which the Board prescribes the regulations. (ii) Determinations by Board (I) In general The Board, not later than 3 years after the date on which the regulations prescribed under clause (i) take effect, and not less frequently than once every 3 years thereafter, shall determine whether the 2 networks identified under clause (i)(III) have changed, as compared with the most recent such determination by the Board. (II) Effect of determination If the Board, under subclause (I), determines that the 2 networks described in clause (i)(III) have changed (as compared with the most recent such determination by the Board), clause (i)(III) shall no longer have any force or effect. (B) No routing restrictions Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2022 , the Board shall prescribe regulations providing that a covered card issuer or payment card network shall not— (i) directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise— (I) inhibit the ability of any person who accepts credit cards for payments to direct the routing of electronic credit transactions for processing over any payment card network that— (aa) may process such transactions; and (bb) is not on the list established by the Board under subparagraph (D); (II) require any person who accepts credit cards for payments to exclusively use, for transactions associated with a particular credit card, an authentication, tokenization, or other security technology that cannot be used by all of the payment card networks that may process electronic credit transactions for that particular credit card; or (III) inhibit the ability of another payment card network to handle or process electronic credit transactions using an authentication, tokenization, or other security technology for the processing of those electronic credit transactions; or (ii) impose any penalty or disadvantage, financial or otherwise, on any person for— (I) choosing to direct the routing of an electronic credit transaction over any payment card network on which the electronic credit transaction may be processed; or (II) failing to ensure that a certain number, or aggregate dollar amount, of electronic credit transactions are handled by a particular payment card network. (C) Applicability The regulations prescribed under subparagraphs (A) and (B) shall not apply to a credit card issued in a 3-party payment system model. (D) Designation of national security risks Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2022 , the Board, in consultation with the Secretary of the Treasury, shall prescribe regulations to establish a public list of any payment card network— (i) the processing of electronic credit transactions by which is determined by the Board to pose a risk to the national security of the United States; or (ii) that is owned, operated, or sponsored by a foreign state entity. (E) Definitions In this paragraph— (i) the terms card issuer and creditor have the meanings given the terms in section 103 of the Truth in Lending Act ( 15 U.S.C. 1602 ); (ii) the term covered card issuer means a card issuer that, together with the affiliates of the card issuer, has assets of more than $100,000,000,000; (iii) the term credit card issued in a 3-party payment system model means a credit card issued by a card issuer that is— (I) the payment card network with respect to the credit card; or (II) under common ownership with the payment card network with respect to the credit card; (iv) the term electronic credit transaction — (I) means a transaction in which a person uses a credit card; and (II) includes a transaction in which a person does not physically present a credit card for payment, including a transaction involving the entry of credit card information onto, or use of credit card information in conjunction with, a website interface or a mobile telephone application; and (v) the term licensed member includes, with respect to a payment card network— (I) a creditor or card issuer that is authorized to issue credit cards bearing any logo of the payment card network; and (II) any person, including any financial institution and any person that may be referred to as an acquirer , that is authorized to— (aa) screen and accept any person into any program under which that person may accept, for payment for goods or services, a credit card bearing any logo of the payment card network; (bb) process transactions on behalf of any person who accepts credit cards for payments; and (cc) complete financial settlement of any transaction on behalf of a person who accepts credit cards for payments. ; and (2) in subsection (d)(1), by inserting , except that the Bureau shall not have authority to enforce the requirements of this section or any regulations prescribed by the Board under this section after section 918 . (b) Effective date The regulations prescribed by the Board of Governors of the Federal Reserve System under paragraph (2) of section 921(b) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(b) ), as amended by subsection (a) of this section, shall take effect on the date that is 180 days after the date on which the Board prescribes the final version of those regulations. | https://www.govinfo.gov/content/pkg/BILLS-117s4674is/xml/BILLS-117s4674is.xml |
117-s-4675 | II 117th CONGRESS 2d Session S. 4675 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Hassan (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Care and Development Block Grant Act of 1990 to provide grants to States to establish positions to minimize administrative burden on families seeking child care assistance.
1. Short title This Act may be cited as the Improving Early Childhood Data Systems Act . 2. State administrative improvement Section 658L of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858j ) is amended by adding at the end the following: (c) State administrative improvement activities (1) Grants (A) In general The Secretary shall make grants to covered lead agencies— (i) to establish, or expand and improve, activities to obtain existing or future data collected by— (I) the covered lead agency involved or a contractor of the agency, such as a child care resource and referral agency; or (II) the agency administering a related program referred to in paragraph (4)(B), relating to the data system for the program; and (ii) to use the data to inform and improve administration of child care and related programs, for the State, territory, or Indian tribe involved. (B) Number of grants The Secretary may make grants to not more than 10 covered lead agencies under this subsection. (C) Duration and amounts The Secretary may make the grants for periods of 5 years, in amounts of not less than $50,000, and not more than $500,000, for each year in the grant period involved. (2) Application To be eligible to receive a grant under this subsection, a covered lead agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (A) how the grant funds will be used to improve data usage and processing; (B) how the grant funds will improve utilization of child care assistance, by minimizing the administrative burden on families seeking child care assistance under this subchapter; and (C) if the covered lead agency intends to work with other entities to carry out the activities described in this subsection, how the covered lead agency intends to work with such entities. (3) Priority In determining which covered lead agencies receive grants under this subsection, the Secretary shall give priority to the 1 covered lead agency that demonstrates, in the agency's application submitted under paragraph (2), the most need for activities that are described in paragraph (4)(B) and are determined by the Secretary, in the discretion of the Secretary, to be appropriate. (4) Use of funds (A) In general A covered lead agency that receives a grant under this section shall use the grant funds to analyze the existing or future data described in paragraph (1)(A)(i) to determine how the State, territory, or Indian tribe will improve, and to use the data to improve, one or more of the following: (i) Minimizing the administrative burden on families seeking child care assistance under this subchapter. (ii) Reducing barriers to access to the child care assistance. (iii) Improving equity and reducing disparities in distribution of that assistance. (iv) Improving related customer services. (v) Decreasing processing time in providing those services. (vi) Reducing temporary loss of child care assistance by families of eligible children, particularly during renewal periods. (B) Data systems The covered lead agency shall use the grant funds— (i) to integrate, or make interoperable, data systems used to administer the child care program (operated by the covered lead agency or a contractor of the agency) with related public assistance programs; and (ii) to provide for a system upgrade for the data system of the child care program, including by purchasing new computers and equipment. (5) Reports A covered lead agency that receives a grant under this subsection shall, not later than the last day of the grant period, prepare and submit to the Secretary a report that describes how the grant funds have enabled the State, territory, or Indian tribe involved to use data and data systems more effectively and to carry out an activity described in paragraph (4)(A). (6) Definitions In this subsection: (A) Covered lead agency The term covered lead agency means— (i) with respect to a State, the State’s lead agency; and (ii) with respect to a territory or an Indian tribe, the analogous agency for the territory or tribe. (B) Territory The term territory means a jurisdiction referred to in section 658O(a)(1). . 3. Technical amendments (a) Administrative costs Section 658E(c)(3)(C) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(3)(C) ) is amended, in the second sentence, by inserting or carrying out activities under section 658L(c) before the period at the end. (b) Appropriations Section 658O(a) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858m(a) ) is amended— (1) in paragraphs (1), (3), and (4), by striking this subchapter and inserting section 658B ; and (2) in paragraph (5), by striking this subchapter the first place it appears and inserting section 658B . | https://www.govinfo.gov/content/pkg/BILLS-117s4675is/xml/BILLS-117s4675is.xml |
117-s-4676 | II 117th CONGRESS 2d Session S. 4676 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Markey (for himself, Mr. Wyden , Ms. Cantwell , Mr. Booker , Ms. Klobuchar , Mr. Blumenthal , Mr. Merkley , Ms. Warren , Ms. Baldwin , Mr. Sanders , Mr. Luján , Mr. Schatz , Mrs. Feinstein , Mr. Leahy , Mr. Cardin , Mrs. Shaheen , Mrs. Murray , Ms. Hassan , Ms. Hirono , Ms. Duckworth , Mr. Padilla , Mr. Heinrich , Ms. Smith , Mr. Van Hollen , Mr. Kaine , Mr. King , Mr. Durbin , Mr. Murphy , Mr. Reed , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to classify broadband as telecommunications service.
1. Short title This Act may be cited as the Net Neutrality and Broadband Justice Act of 2022 . 2. Classification of broadband as telecommunications service Section 3(53) of the Communications Act of 1934 ( 47 U.S.C. 153(53) ) is amended— (1) by striking means the offering and inserting the following: “— (A) means the offering ; and (2) by striking the period at the end and inserting the following: “; and (B) includes the offering of broadband internet access service, as defined in section 801, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. . | https://www.govinfo.gov/content/pkg/BILLS-117s4676is/xml/BILLS-117s4676is.xml |
117-s-4677 | II 117th CONGRESS 2d Session S. 4677 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Heinrich (for himself, Mr. Padilla , Mr. Van Hollen , Ms. Klobuchar , Mr. Booker , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To increase language access to mental health services at certain health centers, and for other purposes.
1. Short title This Act may be cited as the Mental Health Workforce and Language Access Act of 2022 . 2. Pilot program to increase language access at Federally qualified health centers (a) Loan repayments to qualified mental health professionals (1) In general For the purpose of increasing language access to mental health services, the Secretary shall carry out a demonstration project under which— (A) the Secretary matches qualified mental health professionals with Federally qualified health centers; (B) the qualified mental health professionals each agree to a period of obligated service at a Federally qualified health center with which they are so matched; and (C) the Secretary agrees to make loan repayments under section 338B of the Public Health Service Act ( 42 U.S.C. 254l–1 ) on behalf of such qualified mental health professionals. (2) Preference In matching qualified mental health professionals with Federally qualified health centers under paragraph (1), the Secretary shall give preference to placement at Federally qualified health centers at which at least 20 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System (or any successor database) or as otherwise determined by the Secretary. (3) Enhanced compensation For each year of obligated service that a qualified mental health professional contracts to serve under paragraph (1) at a Federally qualified health center at which at least 20 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System (or any successor database) or as otherwise determined by the Secretary, the Secretary shall pay the qualified mental health professional— (A) except as provided in subparagraph (B), $10,000 above the maximum amount otherwise applicable under section 338B(g)(2)(A) of the Public Health Service Act ( 42 U.S.C. 254l–1(g)(2)(A) ); or (B) if the qualified mental health professional is fluent in a language other than English that is needed by such Federally qualified health center, $15,000 above such maximum amount. (4) Achieving fluency A qualified mental health professional subject to the pay amount specified in paragraph (3)(A) at the beginning of the professional’s period of obligated service may transition to being subject to the higher pay amount specified in paragraph (3)(B) if the professional is determined by the Federally qualified health center at which the professional serves to have achieved fluency in a language other than English needed by that health center. (b) Grants to health centers (1) In general The Secretary shall carry out a demonstration program consisting of awarding grants under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ) to Federally qualified health centers to recruit, hire, employ, and supervise qualified mental health professionals who are fluent in a language other than English to provide mental health services in such other language. (2) Preference In selecting grant recipients under paragraph (1), the Secretary shall give preference to Federally qualified health centers at which at least 20 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System (or any successor database) or as otherwise determined by the Secretary. (3) Marketing A Federally qualified health center receiving a grant under this subsection shall use a portion of the grant funds to disseminate information about, and otherwise market, the mental health services supported through the grant. (c) Reports (1) Initial report Not later than 6 months after the first loan repayment awards have been made under subsection (a) and the first grants have been awarded under subsection (b), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of the programs under this section. Such report shall include— (A) the languages spoken by the qualified mental health professionals receiving loan repayments pursuant to subsection (a) or recruited pursuant to a grant under subsection (b); (B) the Federally qualified health centers at which such professionals were placed; (C) how many Federally qualified health centers received funding through the grant program under subsection (b); (D) an analysis, conducted in consultation with the Federally qualified health centers receiving grants under section (b), of the effectiveness of such grants at increasing language access to mental health services; and (E) best practices, developed in consultation with Federally qualified health centers receiving grants under section (b), for the recruitment and retention of mental health professionals at Federally qualified health centers. (2) Final report Not later than September 30, 2026, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of the programs under this section, including the information, analysis, and best practices listed in subparagraphs (A) through (E) of paragraph (1). (d) Definitions In this section: (1) Federally qualified health center The term Federally qualified health center has the meaning given the term in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) ). (2) Qualified mental health professional The term qualified mental health professional means— (A) a physician, allopathic physician, osteopathic physician, nurse practitioner, or physician assistant with a specialty in mental health and psychiatry; (B) a health service psychologist; (C) a licensed clinical social worker; (D) a psychiatric nurse specialist; (E) a marriage and family therapist; (F) a licensed professional counselor; (G) a substance use disorder counselor; (H) an occupational therapist; or (I) any other individual who— (i) has not yet been licensed or certified to serve as a professional listed in any of subparagraphs (A) through (H); and (ii) will serve at the Federally qualified health center under the supervision of a licensed individual or certified professional so listed. (3) Secretary The term Secretary means the Secretary of Health and Human Services. (e) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $75,000,000 for each of fiscal years 2023 through 2027. (2) Supplement not supplant Amounts made available to carry out this section shall be in addition to amounts otherwise available to provide mental health services at Federally qualified health centers pursuant to sections 338B and 330 of the Public Health Service Act ( 42 U.S.C. 254l–1 , 254b). | https://www.govinfo.gov/content/pkg/BILLS-117s4677is/xml/BILLS-117s4677is.xml |
117-s-4678 | II 117th CONGRESS 2d Session S. 4678 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT Office of the Secretary and executive management OPERATIONS AND SUPPORT For necessary expenses of the Office of the Secretary and for executive management for operations and support, $306,045,000; of which $20,259,000 shall be for the Office of the Ombudsman for Immigration Detention, of which $3,048,000 shall remain available until September 30, 2024: Provided, That not to exceed $30,000 shall be for official reception and representation expenses. FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of the Secretary and for executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $20,000,000, which shall be transferred to Federal Emergency Management Agency—Federal Assistance , of which $20,000,000 shall be for targeted violence and terrorism prevention grants, to remain available until September 30, 2024. Management directorate OPERATIONS AND SUPPORT For necessary expenses of the Management Directorate for operations and support, including vehicle fleet modernization, $1,753,400,000, of which $76,000,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Management Directorate for procurement, construction, and improvements, $555,245,000, of which $165,245,000 shall remain available until September 30, 2025, and of which $390,000,000 shall remain available until September 30, 2027. FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service. Intelligence, analysis, and situational awareness OPERATIONS AND SUPPORT For necessary expenses of the Office of Intelligence and Analysis and the Office of Homeland Security Situational Awareness for operations and support, $341,159,000, of which $119,792,000 shall remain available until September 30, 2024: Provided, That not to exceed $3,825 shall be for official reception and representation expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings. Office of the inspector general OPERATIONS AND SUPPORT For necessary expenses of the Office of the Inspector General for operations and support, $214,879,000: Provided, That not less than $5,000,000 shall be used to review programs and operations of the United States Secret Service: Provided further, That not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. Administrative provisions 101. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2023, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2022 or 2023. (b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 2024. 102. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation. 103. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security. (b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfer. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary. 106. (a) The Under Secretary for Management shall brief the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight list between Acquisition Decision Event 1 and Full Operational Capability, including programs that have been removed from such list during the preceding quarter. (b) For each such program without a department-approved acquisition program baseline, the briefing described in subsection (a) shall include— (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; and (2) the Acquisition Review Board status, including— (A) the current acquisition phase; (B) the date and purpose of the most recent review; and (C) whether the program has been paused or is in breach status. (c) For each such program with a department-approved acquisition program baseline, the briefing described in subsection (a) shall include— (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, including— (A) the current acquisition phase by increment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program's current such thresholds and objectives, if applicable; (5) the lifecycle cost estimate, including— (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; and (C) a description of and rationale for any changes to the estimate during the prior fiscal year; (6) a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated. (d) The Under Secretary for Management shall submit each approved Acquisition Decision Memoranda for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than 5 business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. 107. (a) None of the funds made available to the Department of Homeland Security in this Act may be obligated for any pilot or demonstration program unless the component or office carrying out such pilot or demonstration has documented the information described in subsection (c). (b) Prior to the obligation of any such funds made available for Operations and Support for a pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives on the information described in subsection (c). (c) The information required under subsections (a) and (b) for a pilot or demonstration shall include the following— (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details— (A) the type and source of assessment data; (B) the methods for, and frequency of, collecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including milestones, cost estimates, and implementation schedules, including a projected end date. (d) Not later than 90 days after the date of completion of a pilot or demonstration, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or demonstration, and any planned transition of such pilot or demonstration into an enduring program or operation. (e) For the purposes of this section, a pilot or demonstration program is a study, demonstration, experimental program, or trial that— (1) is an experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and (2) uses more than 10 full-time equivalents or obligates, or proposes to obligate, $5,000,000 or more, but does not include congressionally directed programs or enhancements and does not include programs that were in operation as of March 15, 2022. II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. customs and border protection OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied alien minors; the provision of air and marine support to Federal, State, local, and international agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $15,515,296,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9505(c)(3) ) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 551(e)(1) ); of which $700,000,000 shall be available until September 30, 2024; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(f)(3) ), shall be derived from that account: Provided, That not to exceed $34,425 shall be for official reception and representation expenses: Provided further, That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That not to exceed $5,000,000 may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used by the U.S. Border Patrol. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurement of marine vessels, aircraft, and unmanned aerial systems, $548,975,000, of which $177,009,000 shall remain available until September 30, 2025; and of which $371,966,000 shall remain available until September 30, 2027. U.S. immigration and customs enforcement OPERATIONS AND SUPPORT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $8,038,280,000; of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall remain available until September 30, 2024; of which not less than $1,500,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; and of which not less than $3,663,384,000 shall be for enforcement, detention, and removal operations, including transportation of unaccompanied alien minors: Provided, That not to exceed $11,475 shall be for official reception and representation expenses: Provided further, That not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 ( 19 U.S.C. 2081 ): Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That $15,000,000, to remain available until September 30, 2024, shall be transferred to Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance for an Asylum Seeker Case Management Test Program: Provided further, That not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $100,762,000, of which $22,997,000 shall remain available until September 30, 2025, and of which $77,765,000 shall remain available until September 30, 2027. Transportation security administration OPERATIONS AND SUPPORT For necessary expenses of the Transportation Security Administration for operations and support, $8,677,075,000, to remain available until September 30, 2024: Provided, That not to exceed $7,650 shall be for official reception and representation expenses: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $6,187,075,000. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $119,345,000, to remain available until September 30, 2025. RESEARCH AND DEVELOPMENT For necessary expenses of the Transportation Security Administration for research and development, $33,532,000, to remain available until September 30, 2024. Coast guard OPERATIONS AND SUPPORT For necessary expenses of the Coast Guard for operations and support including the Coast Guard Reserve; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of not more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase, lease, or improvements of boats necessary for overseas deployments and activities; payments pursuant to section 156 of Public Law 97–377 ( 42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $9,698,639,000, of which $530,000,000 shall be for defense-related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ); of which $5,000,000 shall remain available until September 30, 2025; of which $24,359,000 shall remain available until September 30, 2027, for environmental compliance and restoration; and of which $70,000,000 shall remain available until September 30, 2024, which shall only be available for vessel depot level maintenance: Provided, That not to exceed $23,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Coast Guard for procurement, construction, and improvements, including aids to navigation, shore facilities (including facilities at Department of Defense installations used by the Coast Guard), and vessels and aircraft, including equipment related thereto, $1,925,510,000, to remain available until September 30, 2027; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ). RESEARCH AND DEVELOPMENT For necessary expenses of the Coast Guard for research and development; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $7,476,000, to remain available until September 30, 2025, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2712(a)(5) ): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. RETIRED PAY For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, United States Code, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $2,044,414,000, to remain available until expended. United States secret service OPERATIONS AND SUPPORT For necessary expenses of the United States Secret Service for operations and support, including purchase of not to exceed 652 vehicles for police-type use; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; rental of buildings in the District of Columbia; fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence and operations; payment in advance for commercial accommodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence expenses of employees who are on protective missions, whether at or away from their duty stations; $2,652,010,000; of which $52,296,000 shall remain available until September 30, 2024, and of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which up to $17,000,000 may be for calendar year 2022 premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of title 5, United States Code, pursuant to section 2 of the Overtime Pay for Protective Services Act of 2016 ( 5 U.S.C. 5547 note), as last amended by Public Law 116–269 : Provided, That not to exceed $19,125 shall be for official reception and representation expenses: Provided further, That not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal investigations within the jurisdiction of the United States Secret Service. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $77,888,000, to remain available until September 30, 2025. RESEARCH AND DEVELOPMENT For necessary expenses of the United States Secret Service for research and development, $4,025,000, to remain available until September 30, 2024. Administrative provisions 201. Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115–141 ), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that fiscal year 2023 shall be substituted for fiscal year 2018 . 202. Funding made available under the headings U.S. Customs and Border Protection—Operations and Support and U.S. Customs and Border Protection—Procurement, Construction, and Improvements shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code. 203. As authorized by section 601(b) of the United States-Colombia Trade Promotion Agreement Implementation Act ( Public Law 112–42 ), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(5) ) shall be available until expended. 204. (a) For an additional amount for U.S. Customs and Border Protection—Operations and Support , $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2023 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act ( 8 U.S.C. 1356(i) ), section 10412 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8311 ), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 ), or other such authorizing language. (b) To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); or (2) a biological product, as defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). 206. (a) Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels. (b) The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests. 207. (a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not— (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) In this section, the term border crossing fee means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. 208. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an expenditure plan for any amounts made available for U.S. Customs and Border Protection—Procurement, Construction, and Improvements in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives. (b) No such amounts may be obligated prior to the submission of such plan. 209. Section 211 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ), prohibiting the use of funds for the construction of fencing in certain areas, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act. 210. (a) The unobligated balances of amounts specified in paragraphs (1) through (5) of section 230(a) of division F of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), section 230(a)(1) of division A of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ), section 209(a)(1) of division D of the Consolidated Appropriations Act, 2020 ( Public Law 116–93 ), and section 210 of division F of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) shall, in addition to the purposes for which they were originally appropriated, be available for— (1) the construction and improvement of roads along the southwest border; (2) control of vegetation along the southwest border that creates obstacles to the detection of illegal entry; (3) remediation and environmental mitigation, including scientific studies, related to border barrier construction, including barrier construction undertaken by the Department of Defense; and (4) the acquisition and deployment of border security technology at and between ports of entry along the southwest border. (b) Amounts repurposed by this section shall be in addition to any other amounts made available for such purposes. 211. The Secretary of Homeland Security may transfer up to $200,000,000 in unobligated balances available from prior appropriations Acts under the heading U.S. Customs and Border Protection—Procurement, Construction, and Improvements to the Department of the Interior (including any agency or bureau within the Department of the Interior) or the Forest Service within the Department of Agriculture for the execution of environmental and other mitigation projects or activities, including the acquisition of land and scientific studies, related to the construction of border barriers on the southwest border during fiscal years 2017 through 2021 by U.S. Customs and Border Protection and the Department of Defense. 212. Section 230(b) of division F of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), section 230(b) of division A of the Consolidated Appropriations Act, 2019 ( Public Law 116–6 ), section 209(b) of division D of the Consolidated Appropriations Act, ( Public Law 116–93 ) (including with respect to section 210 of division F of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 )) shall no longer apply. 213. (a) Funds made available in this Act may be used to alter operations within the National Targeting Center of U.S. Customs and Border Protection. (b) None of the funds provided by this Act, provided by previous appropriations Acts that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, may be used to reduce anticipated or planned vetting operations at existing locations unless specifically authorized by a statute enacted after the date of enactment of this Act. 214. None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) ) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated. 215. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than adequate or the equivalent median score in any subsequent performance evaluation system. (b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility. 216. The reports required to be submitted under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ) shall continue to be submitted semimonthly and each matter required to be included in such report by such section 216 shall apply in the same manner and to the same extent during the period described in this section. 217. The terms and conditions of sections 216 and 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall apply to this Act. 218. (a) None of the funds provided under the heading U.S. Immigration and Customs Enforcement—Operations and Support may be used to engage in civil immigration enforcement activities, such as arrests, expulsions, custodial detention, removals, or referrals, processing, or issuance of charging documents, using Homeland Security Investigations personnel, resources, or capabilities, absent probable cause that the individual facing such enforcement action has been convicted of a criminal offense, excluding State, local, or Federal offenses for which an essential element was the noncitizen’s immigration status. (b) For the purposes of this section, criminal offenses for which an essential element was the noncitizen’s immigration status includes, but is not limited to, offenses identified in sections 264, 266(a) or (b), 275, or 276 of the Immigration and Nationality Act and State and local offenses for which an essential element was the noncitizen’s immigration status. 219. Not later than 60 days after the date of enactment of this Act, the Director shall ensure that all persons who come into the custody of U.S. Immigration and Customs Enforcement, undergo an individualized assessment examining the necessity of continued detention within 30 days of coming into such custody: Provided , That for the purpose of such assessment, adjudicating officers shall consider a continuum of custody options, which may include a combination of legal or physical custody options, including, but not limited to, release on recognizance or supervision, conditions on release, release, and alternatives to detention programs, and shall consider whether the person represents a specific danger to the public or a serious risk of flight: Provided further , That after full consideration as described above, and notwithstanding any other provision of law, adjudicating officers shall select the least restrictive form of custody: Provided further , That for the purposes of this section, custody shall mean either legal or physical custody of the person that is a restraint on liberty not shared by the public generally, including conditions on release, restrictions on liberty, reporting requirements, and other methods, but does not necessarily mean detention. 220. Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening. 221. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness. 222. Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2023, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title. 223. Not later than 30 days after the submission of the President's budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the following requirements: (1) a Capital Investment Plan that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment; (2) the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act ( Public Law 113–245 ); and (3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115–283). 224. (a) None of the funds made available by this Act under the heading Coast Guard—Operations and Support shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading Coast Guard—Operations and Support . (b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114. 225. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, in accordance with the notification requirement described in subsection (b) of such section, up to the following amounts may be reprogrammed within Coast Guard—Operations and Support — (1) $10,000,000 to or from the Military Personnel funding category; and (2) $10,000,000 between the Field Operations funding subcategories. 226. Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future-years capital investment plan as described in the second proviso under the heading Coast Guard—Acquisition, Construction, and Improvements in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ), which shall be subject to the requirements in the third and fourth provisos under such heading. 227. Of the funds made available for defense-related activities under the heading Coast Guard—Operations and Support , up to $190,000,000 that are used for enduring overseas missions in support of the global fight against terrorism may be reallocated by program, project, and activity, notwithstanding section 503 of this Act. 228. None of the funds in this Act shall be used to reduce the Coast Guard's legacy Operations Systems Center mission or its government-employed or contract staff levels. 229. None of the funds appropriated by this Act may be used to conduct, or to implement the results of, a competition under Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 230. Funds made available in this Act may be used to alter operations within the Civil Engineering Program of the Coast Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after the date of enactment of this Act. 231. Amounts deposited into the Coast Guard Housing Fund in fiscal year 2023 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes. 232. (a) Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act shall be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations. (b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( Public Law 115–282 ) and, as necessary based on such determination, carries out the requirements of section 815(b) of such Act. 233. The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading United States Secret Service—Operations and Support at the end of the fiscal year. 234. (a) None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security. (b) The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis. 235. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within United States Secret Service—Operations and Support . 236. Funding made available in this Act for United States Secret Service—Operations and Support is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such expenditures. 237. Of the amounts made available by this Act under the heading United States Secret Service—Operations and Support , $9,500,000, to remain available until expended, shall be distributed as a grant or cooperative agreement for existing National Computer Forensics Institute facilities currently used by the United States Secret Service to carry out activities under section 383 of title 6, United States Code, of which not to exceed 5 percent, or the applicable negotiated rate, shall be for the administrative costs of the Department of Homeland Security in carrying out this section. III PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and infrastructure security agency OPERATIONS AND SUPPORT For necessary expenses of the Cybersecurity and Infrastructure Security Agency for operations and support, $2,324,925,000, of which $36,293,000 shall remain available until September 30, 2024: Provided, That not to exceed $3,825 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Cybersecurity and Infrastructure Security Agency for procurement, construction, and improvements, $582,994,000, to remain available until September 30, 2025. RESEARCH AND DEVELOPMENT For necessary expenses of the Cybersecurity and Infrastructure Security Agency for research and development, $3,931,000, to remain available until September 30, 2024. Federal emergency management agency OPERATIONS AND SUPPORT For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,530,713,000: Provided, That not to exceed $2,250 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $188,919,000, of which $122,025,000 shall remain available until September 30, 2025, and of which $66,894,000 shall remain available until September 30, 2027. FEDERAL ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For activities of the Federal Emergency Management Agency for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,875,619,000, which shall be allocated as follows: (1) $510,000,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ), of which $90,000,000 shall be for Operation Stonegarden and $15,000,000 shall be for Tribal Homeland Security Grants under section 2005 of the Homeland Security Act of 2002 ( 6 U.S.C. 606 ): Provided , That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2023, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (2) $605,000,000 for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ). (3) $360,000,000 is for the Nonprofit Security Grant Program under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), of which $180,000,000 is for eligible recipients located in high-risk urban areas that receive funding under section 2003 of such Act, and $180,000,000 is for eligible recipients that are located outside such areas: Provided , That eligible recipients are those described in section 2009(b) of such Act ( 6 U.S.C. 609a(b) ) or are an otherwise eligible recipient at risk of a terrorist or other extremist attack. (4) $105,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1135 , 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided , That such public transportation security assistance shall be provided directly to public transportation agencies. (5) $100,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code. (6) $740,000,000, to remain available until September 30, 2024, of which $370,000,000 shall be for Assistance to Firefighter Grants and $370,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections 33 and 34, respectively, of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (7) $355,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 ), section 762 of title 6, United States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). (8) $275,500,000 for necessary expenses for Flood Hazard Mapping and Risk Analysis, in addition to and to supplement any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101(f)(2) ), to remain available until expended. (9) $12,000,000 for Regional Catastrophic Preparedness Grants. (10) $12,000,000 for Rehabilitation of High Hazard Potential Dams under section 8A of the National Dam Safety Program Act ( 33 U.S.C. 467f–2 ). (11) $130,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 ), to remain available until September 30, 2024: Provided, That not to exceed 3.5 percent shall be for total administrative costs. (12) $200,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11331 ), to remain available until September 30, 2024, for the purpose of providing shelter and other services to families and individuals encountered by the Department of Homeland Security: Provided , That not to exceed 5 percent shall be for total administrative costs: Provided further , That notwithstanding sections 313(a) and 316 of such Act, up to $50,000,000 of the funds made available in this paragraph may be used for the construction of new, and the expansion of existing, shelter facilities: Provided further , That notwithstanding section 311 of such Act, funds made available for the purposes described in the preceding proviso may be awarded to the Emergency Food and Shelter Program National Board up to 6 months after the date of enactment of this Act and, notwithstanding sections 315 and 316(b) of such Act, funds made available in the preceding proviso may be disbursed by the Emergency Food and Shelter Program National Board up to 24 months after the date on which such funds become available: Provided further , That the Emergency Food and Shelter Program National Board shall distribute funds made available in this paragraph only to jurisdictions or local recipient organizations serving communities that such Board determines have experienced a significant increase of such families and individuals. (13) $40,000,000 for the Next Generation Warning System. (14) $115,000,000 for Congressionally Directed Spending grants, which shall be for the purposes, and the amounts, specified in the table entitled Congressionally Directed Spending Items in the explanatory statement accompanying this Act, of which— (A) $36,392,000, in addition to amounts otherwise made available for such purpose, is for emergency operations center grants under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5196c ); (B) $77,608,000, in addition to amounts otherwise made available for such purpose, is for pre-disaster mitigation grants under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(e) , notwithstanding subsections (f), (g), and (l) of that section ( 42 U.S.C. 5133(f) , (g), (l)); and (C) $1,000,000 shall be transferred to Federal Emergency Management Agency—Operations and Support , to manage and administer Congressionally Directed Spending grants. (15) $316,119,000 to sustain current operations for training, exercises, technical assistance, and other programs. DISASTER RELIEF FUND For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $19,945,000,000, to remain available until expended, shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and is designated by the Congress as being for disaster relief pursuant to a concurrent resolution on the budget. NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001 et seq. ), the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 , 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 ( Public Law 113–89 ; 128 Stat. 1020), $225,000,000, to remain available until September 30, 2024, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ); of which $18,500,000 shall be available for mission support associated with flood management; and of which $206,500,000 shall be available for flood plain management and flood mapping: Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(d) ) shall be credited as offsetting collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year 2023, no funds shall be available from the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017 ) in excess of— (1) $223,770,000 for operating expenses and salaries and expenses associated with flood insurance operations; (2) $960,647,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $175,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c ), notwithstanding sections 1366(e) and 1310(a)(7) of such Act ( 42 U.S.C. 4104c(e) , 4017): Provided further, That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a ) and section 1366(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c(e) ), shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such Act ( 42 U.S.C. 4012a(f)(8) , 4104c(e), 4104d(b)(1)–(3)): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation: Provided further, That up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033 ). Administrative provisions (INCLUDING TRANSFER OF FUNDS) 301. (a) Funds made available under the heading Cybersecurity and Infrastructure Security Agency—Operations and Support may be made available for the necessary expenses of carrying out the competition specified in section 2(e) of Executive Order No. 13870 (May 2, 2019), including the provision of monetary and non-monetary awards for Federal civilian employees and members of the uniformed services, the necessary expenses for the honorary recognition of any award recipients, and activities to encourage participation in the competition, including promotional items. (b) Any awards made pursuant to this section shall be of the same type and amount as those authorized under sections 4501 through 4505 of title 5, United States Code. 302. Notwithstanding sections 204(e)(1)(A) and 204(e)(1)(B) of the Homeland Security Act of 2002 ( 6 U.S.C. 605(e)(1)(A) and 605(e)(1)(B)), the meaning of total funds appropriated for grants under this section and section 2003 in each place that it appears shall not include any funds provided for the Nonprofit Security Grant Program in paragraph (3) under the heading Federal Emergency Management Agency—Federal Assistance in this Act. 303. (a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 ( 6 U.S.C. 609(a)(12) ) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (5) under Federal Emergency Management Agency—Federal Assistance , may be used by the recipient for expenses directly related to administration of the grant. (b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under such paragraph (3). 304. Applications for grants under the heading Federal Emergency Management Agency—Federal Assistance , for paragraphs (1) through (5), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application. 305. Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) through (5), (9), and (10), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award. 306. Under the heading Federal Emergency Management Agency—Federal Assistance , for grants under paragraphs (1) through (3), the installation of communications towers is not considered construction of a building or other physical facility. 307. The reporting requirements in paragraphs (1) and (2) under the heading Federal Emergency Management Agency—Disaster Relief Fund in the Department of Homeland Security Appropriations Act, 2015 ( Public Law 114–4 ) shall be applied in fiscal year 2023 with respect to budget year 2024 and current fiscal year 2023, respectively— (1) in paragraph (1) by substituting fiscal year 2024 for fiscal year 2016 ; and (2) in paragraph (2) by inserting business after fifth . 308. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Staffing for Adequate Fire and Emergency Response grants, the Administrator of the Federal Emergency Management Agency may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229a ). 309. (a) The aggregate charges assessed during fiscal year 2023, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 ( 42 U.S.C. 5196e ), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year. (b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees. (c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2023, and remain available until expended. 310. In making grants under the heading Federal Emergency Management Agency—Federal Assistance , for Assistance to Firefighter Grants, the Administrator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ). 311. (a) Of the amount made available by section 4005 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )— (1) not less than $2,000,000,000, in addition to any other amounts set aside pursuant to section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(i) ) for such purpose, shall be for the Building Resilient Infrastructure and Communities program to mitigate the effects of climate change and a notice of funding opportunity for such purpose shall be announced not later than September 30, 2023; and (2) $14,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for oversight of the obligations of funds made available under such section 4005. IV RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. citizenship and immigration services OPERATIONS AND SUPPORT For necessary expenses of U.S. Citizenship and Immigration Services for operations and support, including for the E-Verify Program, application processing, the reduction of backlogs within asylum, field, and service center offices, and support of the refugee program; $816,705,000, of which $87,619,000 shall remain available until September 30, 2024: Provided, That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ): Provided further, That at least $10,000,000 shall be for the implementation of the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, dated June 15, 2012, including for the processing of applications for such program and all related forms: Provided further, That not to exceed $2,500 shall be for official reception and representation expenses. FEDERAL ASSISTANCE For necessary expenses of U.S. Citizenship and Immigration Services for Federal assistance for the Citizenship and Integration Grant Program, $50,000,000: Provided, That not less than $30,000,000, to remain available until September 30, 2024, shall be awarded as competitive grants to organizations to provide pro-bono legal counsel, or pro-bono accredited representation, to individuals appearing before U.S. Citizenship and Immigration Services during either an affirmative asylum or asylum merits interview. Federal law enforcement training centers OPERATIONS AND SUPPORT For necessary expenses of the Federal Law Enforcement Training Centers for operations and support, including the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $355,247,000, of which $66,665,000 shall remain available until September 30, 2024: Provided, That not to exceed $7,180 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Law Enforcement Training Centers for procurement, construction, and improvements, $41,300,000, to remain available until September 30, 2027, for acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses of the Federal Law Enforcement Training Centers. Science and technology directorate OPERATIONS AND SUPPORT For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease of not to exceed five vehicles, $391,172,000, of which $215,085,000 shall remain available until September 30, 2024: Provided, That not to exceed $10,000 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements, $89,466,000, to remain available until September 30, 2027. RESEARCH AND DEVELOPMENT For necessary expenses of the Science and Technology Directorate for research and development, $461,218,000, to remain available until September 30, 2025. Countering weapons of mass destruction office OPERATIONS AND SUPPORT For necessary expenses of the Countering Weapons of Mass Destruction Office for operations and support, $151,970,000, of which $50,446,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,250 shall be for official reception and representation expenses. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $55,304,000, to remain available until September 30, 2025. RESEARCH AND DEVELOPMENT For necessary expenses of the Countering Weapons of Mass Destruction Office for research and development, $84,515,000, to remain available until September 30, 2025. FEDERAL ASSISTANCE For necessary expenses of the Countering Weapons of Mass Destruction Office for Federal assistance through grants, contracts, cooperative agreements, and other activities, $139,183,000, to remain available until September 30, 2025. Administrative provisions 401. (a) Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease. (b) The Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. 402. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees (including employees serving on a temporary or term basis) of U.S. Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 403. The terms and conditions of section 403 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 ) shall apply to this Act. 404. Notwithstanding the seventh proviso under the heading Immigration and Naturalization Service—Salaries and Expenses in Public Law 105–119 (relating to FD–258 fingerprint cards), or any other provision of law, any Federal funds made available to U.S. Citizenship and Immigration Services may be used for the collection and use of biometrics taken at a U.S. Citizenship and Immigration Services Application Support Center that is overseen virtually by U.S. Citizenship and Immigration Services personnel using appropriate technology. 405. Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) shall be applied by substituting September 30, 2023 for September 30, 2015 . 406. Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(C)(ii) ) shall be applied by substituting September 30, 2023 for September 30, 2015 . 407. 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 . 408. 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 the determination that the needs of American businesses cannot be satisfied in fiscal year 2023 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, shall increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) in such fiscal year above such limitation by not more than the highest number of H–2B nonimmigrants who participated in the H–2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation. 409. (a) Recapture of unused immigrant visa numbers (1) Ensuring future use of all immigrant visas Section 201(c)(1)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c)(1)(B)(ii) ) is amended to read as follows: (ii) In no case shall the number computed under subparagraph (A) be less than the sum of— (I) 226,000; and (II) the number computed under paragraph (3). . (2) Recapturing unused visas Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended by adding at the end the following: (g) Recapturing unused visas (1) Family-sponsored visas (A) In general Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2023, the number of family-sponsored immigrant visas that may be issued under section 203(a) shall be increased by the number computed under subparagraph (B). (B) Unused visas The number computed under this subparagraph is the difference, if any, between— (i) the difference, if any, between— (I) the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) for fiscal years 1992 through 2022, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(c)(3); and (II) the number of visas described in subclause (I) that were issued under section 203(a), or, in accordance with section 201(d)(2)(C), under section 203(b); and (ii) the number of visas resulting from the calculation under clause (i) issued under section 203(a) after fiscal year 2022. (2) Employment-based visas (A) In general Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2023, the number of employment-based immigrant visas that may be issued under section 203(b) shall be increased by the number computed under subparagraph (B). (B) Unused visas The number computed under this paragraph is the difference, if any, between— (i) the difference, if any, between— (I) the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) for fiscal years 1992 through 2022, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(d)(2); and (II) the number of visas described in subclause (I) that were issued under section 203(b), or, in accordance with section 201(c)(3)(C), under section 203(a); and (ii) the number of visas resulting from the calculation under clause (i) issued under section 203(b) after fiscal year 2022. (3) Diversity visas Notwithstanding section 204(a)(1)(I)(ii)(II) or 201(e), an immigrant visa for an alien selected in accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 shall remain available to such alien (and the spouse and children of such alien) if— (A) the alien was refused a visa, prevented from seeking or obtaining admission or a visa interview, or denied admission to the United States solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or (B) because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency— (i) the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or (ii) the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c). . 410. (a) The numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152 and 1153) shall not apply during fiscal year 2023 or during any subsequent fiscal year to an alien described in section 101(a)(27)(J) of that Act ( 8 U.S.C. 1101(a)(27)(J) ) for whom a petition for classification under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ) was filed before October 1, 2023. (b) This section shall take effect on June 1, 2023. 411. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. 412. The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. 413. (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its Procurement, Construction, and Improvements account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act ( 31 U.S.C. 1535(b) ). (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities. 414. The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 ( 31 U.S.C. 501 note). V GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. 503. (a) None of the funds provided by this Act, provided by previous appropriations Acts to the components in or transferred to the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates or eliminates a program, project, or activity, or increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (2) contracts out any function or activity presently performed by Federal employees or any new function or activity proposed to be performed by Federal employees in the President's budget proposal for fiscal year 2023 for the Department of Homeland Security; (3) augments funding for existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more; or (5) results from any general savings from a reduction in personnel that would result in a change in funding levels for programs, projects, or activities as approved by the Congress. (b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming. (c) Up to 2 percent of any appropriation made available for the current fiscal year for the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between such appropriations if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by such transfer. (d) Notwithstanding subsections (a), (b), and (c), no funds shall be reprogrammed within or transferred between appropriations based upon an initial notification provided after June 30, except in extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations Acts that remain available for obligation in the current year. (f) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided , That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 5 days in advance of such transfer. 504. (a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 ), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act. (b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security. 505. (a) Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2024, from appropriations for Operations and Support for fiscal year 2023 in this Act shall remain available through September 30, 2024, in the account and for the purposes for which the appropriations were provided. (b) Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act. 506. (a) Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2023 until the enactment of an Act authorizing intelligence activities for fiscal year 2023. (b) Amounts described in subsection (a) made available for Intelligence, Analysis, and Situational Awareness—Operations and Support that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading Management Directorate—Operations and Support . (c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such funds. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of— (1) making or awarding a grant allocation or grant in excess of $1,000,000; (2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation. (b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (c) A notification under this section— (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn. 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Centers' facilities. 509. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. 510. Sections 520, 522, and 530 of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110–161 ; 121 Stat. 2073 and 2074) shall apply with respect to funds made available in this Act in the same manner as such sections applied to funds made available in that Act. 511. (a) None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. (b) For purposes of subsection (a), the term Buy American Act means chapter 83 of title 41, United States Code. 512. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ). 513. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 ( 6 U.S.C. 452 ) unless explicitly authorized by the Congress. 514. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. 515. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 516. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 517. None of the funds made available in this Act may be used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ). 518. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. 519. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Homeland Security to enter into any Federal contract unless such contract is entered into in accordance with the requirements of subtitle I of title 41, United States Code, or chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 520. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 521. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 522. (a) None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination. (b) For purposes of this section the term international conference shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000. (d) Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees. 523. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. 524. (a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the introduction of any new position classification that will affect more than 100 full-time positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes— (1) the number of full-time positions affected by such change; (2) funding required for such change for the current fiscal year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department. (b) Subsection (a) shall not apply to such change if— (1) it was proposed in the President’s budget proposal for the fiscal year funded by this Act; and (2) funds for such change have not been explicitly denied or restricted in this Act. 525. (a) Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except as otherwise specified in law. 526. (a) Funding provided in this Act for Operations and Support may be used for minor procurement, construction, and improvements. (b) For purposes of subsection (a), minor refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property. 527. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 ) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2023. 528. (a) For an additional amount for Federal Emergency Management Agency—Federal Assistance , $3,000,000, to remain available until September 30, 2024, exclusively for providing reimbursement of extraordinary law enforcement or other emergency personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the United States Secret Service. (b) Subsections (b) through (f) of section 534 of the Department of Homeland Security Appropriations Act, 2018 ( Public Law 115–141 ), shall be applied with respect to amounts made available by subsection (a) of this section by substituting October 1, 2023 for October 1, 2018 and October 1, 2022 for October 1, 2017 . 529. (a) Section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391 ) shall be applied— (1) in subsection (a), by substituting September 30, 2023, for September 30, 2017, ; and (2) in subsection (c)(1), by substituting September 30, 2023, for September 30, 2017 . (b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(a) ), may carry out prototype projects under section 4022 of title 10, United States Code, and the Secretary shall perform the functions of the Secretary of Defense as prescribed. (c) The Secretary of Homeland Security under section 831 of the Homeland Security Act of 2002 ( 6 U.S.C. 391(d) ) may use the definition of nontraditional government contractor as defined in section 4022(e) of title 10, United States Code. 530. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (1) A Member of Congress. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (b) Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight. (c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a). 531. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a noncitizen in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation. (b) Subsection (a) shall not apply with respect to a pregnant noncitizen if— (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the noncitizen— (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm themselves or others that cannot be prevented by other means; or (2) a medical professional responsible for the care of the pregnant noncitizen determines that the use of therapeutic restraints is appropriate for the medical safety of the noncitizen. (c) If a pregnant noncitizen is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the noncitizen, may be used. In no case may restraints be used on a noncitizen who is in active labor or delivery, and in no case may a pregnant noncitizen be restrained in a face-down position with four-point restraints, on their back, or in a restraint belt that constricts the area of the pregnancy. A pregnant noncitizen who is immobilized by restraints shall be positioned, to the maximum extent feasible, on their left side. 532. (a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any— (1) death of, (2) potential sexual assault or abuse perpetrated against, or (3) allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security. (b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual. 533. Section 519 of division F of Public Law 114–113 , regarding a prohibition on funding for any position designated as a Principal Federal Official, shall apply with respect to any Federal funds in the same manner as such section applied to funds made available in that Act. 534. Within 60 days of any budget submission for the Department of Homeland Security for fiscal year 2024 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, the Secretary of Homeland Security shall provide the Committees on Appropriations of the Senate and the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed in such proposals in the event that they are not enacted prior to October 1, 2023. 535. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. 536. (a) Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Management of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050. (b) Each report under this section shall specify, for each such unfunded priority— (1) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable): (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded as part of such priority. (c) In this section, the term unfunded priority , in the case of a fiscal year, means a requirement that— (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if— (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior-year investments. 537. (a) Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a covered individual ), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the appropriate congressional committees ). (b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection. (c) Not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees. (d) Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection. 538. (a) None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by an agency to submit an initial project proposal to the Technology Modernization Fund (as authorized by section 1078 of subtitle G of title X of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 )) unless, concurrent with the submission of an initial project proposal to the Technology Modernization Board, the head of the agency— (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropriations a copy of the project proposal; and (3) provides a detailed analysis of how the proposed project funding would supplement or supplant funding requested as part of the Department's most recent budget submission. (b) None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Committees on Appropriations of the Senate and the House of Representatives. (c) The report described in subsection (b) shall include— (1) the full project proposal submitted to and approved by the Fund’s Technology Modernization Board; (2) the finalized interagency agreement between the Department and the Fund including the project’s deliverables and repayment terms, as applicable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and (5) other information as determined by the Secretary. 539. Subsection (c) of section 16005 of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) shall be applied as if the language read as follows: Subsection (a) shall apply until September 30, 2023. . 540. For necessary expenses related to providing customs and immigration inspection and pre-inspection services at, or in support of ports of entry, pursuant to section 1356 of title 8, United States Code, and section 58c(f) of title 19, United States Code, and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $187,391,000, to offset the loss resulting from the coronavirus pandemic of Immigration User Fee receipts collected pursuant to section 286(h) of the Immigration and Nationality Act ( 8 U.S.C. 1356(h) ), and fees for certain customs services collected pursuant to paragraphs (1) through (8) and paragraph (10) of subsection (a) of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(1) –(8) and (a)(10)). 541. (a) The Secretary of Homeland Security (in this section referred to as the Secretary ) shall, on a bimonthly basis beginning immediately after the date of enactment of this Act, develop estimates of the number of noncitizens anticipated to arrive at the southwest border of the United States. (b) The Secretary shall ensure that, at a minimum, the estimates developed pursuant to subsection (a)— (1) cover the current fiscal year and the following fiscal year; (2) include a breakout by demographics, to include single adults, family units, and unaccompanied children; (3) undergo an independent validation and verification review; (4) are used to inform policy planning and budgeting processes within the Department of Homeland Security; and (5) are included in the budget materials submitted to Congress in support of the President’s annual budget request pursuant to section 1105 of title 31, United States Code, for each fiscal year beginning after the date of enactment of this Act and, for such budget materials shall include— (A) the most recent bimonthly estimates developed pursuant to subsection (a); (B) a description and quantification of the estimates used to justify funding requests for Department programs related to border security, immigration enforcement, and immigration services; (C) a description and quantification of the anticipated workload and requirements resulting from such estimates; and (D) a confirmation as to whether the budget requests for impacted agencies were developed using the same estimates. (c) The Secretary shall share the bimonthly estimates developed pursuant to subsection (a) with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and the Committees on Appropriations of the Senate and the House of Representatives. (RESCISSIONS OF FUNDS) 542. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985 ( Public Law 99–177 ): (1) $15,000,000 from Public Law 117–103 under the heading Office of the Secretary and Executive Management—Federal Assistance . (2) $65,000,000 from Public Law 116–93 under the heading Coast Guard—Procurement, Construction, and Improvements . This Act may be cited as the Department of Homeland Security Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4678is/xml/BILLS-117s4678is.xml |
117-s-4679 | II 117th CONGRESS 2d Session S. 4679 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Cortez Masto (for herself and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Power Act and the Natural Gas Act with respect to the enforcement of certain provisions, and for other purposes.
1. Short title This Act may be cited as the Energy Consumer Protection Act of 2022 . 2. Prohibitions and suspensions for violations (a) Amendments to the Federal Power Act (1) Enforcement of certain provisions Section 316A of the Federal Power Act ( 16 U.S.C. 825o–1 ) is amended by adding at the end the following: (c) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) electric energy; (2) electric energy products, including financial transmission rights; or (3) transmission services subject to the jurisdiction of the Commission. . (2) Conforming amendments Section 314(d) of the Federal Power Act ( 16 U.S.C. 825m(d) ) is amended— (A) in the matter preceding paragraph (1)— (i) by striking individual and inserting person ; and (ii) by inserting or 222 after section 221 ; (B) in paragraph (1), by inserting with respect to a person who is an individual, before acting ; and (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , directly or indirectly, after engaging ; (ii) in subparagraph (A), by striking ; or and inserting a semicolon; (iii) by redesignating subparagraph (B) as subparagraph (C); and (iv) by inserting after subparagraph (A) the following: (B) electric energy products, including financial transmission rights; or . (b) Amendments to Natural Gas Act (1) Prohibition on filing false information The Natural Gas Act ( 15 U.S.C. 717 et seq. ) is amended by inserting after section 4A the following: 4B. Prohibition on filing false information No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting. . (2) Civil penalty authority Section 22 of the Natural Gas Act ( 15 U.S.C. 717t–1 ) is amended by adding at the end the following: (d) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) natural gas; or (2) transmission services subject to the jurisdiction of the Commission. . (3) Conforming amendments Section 20(d) of the Natural Gas Act ( 15 U.S.C. 717s(d) ) is amended— (A) in the matter preceding paragraph (1), by striking individual and inserting person ; (B) in paragraph (1), by inserting with respect to a person who is an individual, before acting ; and (C) in paragraph (2), in the matter preceding subparagraph (A), by inserting , directly or indirectly, after engaging . | https://www.govinfo.gov/content/pkg/BILLS-117s4679is/xml/BILLS-117s4679is.xml |
117-s-4680 | II 117th CONGRESS 2d Session S. 4680 IN THE SENATE OF THE UNITED STATES July 28, 2022 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a credit for the domestic production of rare earth magnets, and for other purposes.
1. Short title This Act may be cited as the Rare Earth Magnet Manufacturing Production Tax Credit Act of 2022 . 2. Credit for production of rare earth magnets (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Credit for production of rare earth magnets (a) In general For the purposes of section 38, the credit for production of rare earth magnets determined under this section for any taxable year is an amount equal to the sum of— (1) $20 per kilogram of rare earth magnets manufactured in the United States by the taxpayer during the taxable year which are not described in paragraph (2), plus (2) $30 per kilogram of rare earth magnets manufactured in the United States by the taxpayer during the taxable year if not less than 90 percent of the component rare earth material of such magnets are manufactured within the United States. (b) Phase-Out (1) In general In the case of any rare earth magnet manufactured after December 31, 2030, the amount determined under this section with respect to such rare earth magnet shall be equal to the product of— (A) the amount determined under subsection (a) with respect to such rare earth magnet, as determined without regard to this subsection, multiplied by (B) the phase-out percentage described in paragraph (2). (2) Phase-out percentage The phase-out percentage described in this paragraph is— (A) in the case of any rare earth magnet manufactured in calendar year 2031, 70 percent, (B) in the case of any rare earth magnet manufactured in calendar year 2032, 35 percent, and (C) in the case of any rare earth magnet manufactured after December 31, 2033, 0 percent. (c) Restriction on component sourcing The credit determined under subsection (a) shall not apply with respect to any rare earth magnet if any component rare earth material used to manufacture such magnet was manufactured in a non-allied foreign nation. (d) Definitions For the purposes of this section— (1) Rare earth magnet The term rare earth magnet means a permanent magnet comprised of— (A) an alloy of neodymium, iron, and boron, which may also include praseodymium, terbium, or dysprosium, or (B) an alloy of samarium and cobalt, which may also include gadolinium or any associated host mineral of a component rare earth material. (2) Component rare earth material The term component rare earth material means neodymium, praseodymium, dysprosium, terbium, samarium, gadolinium, or cobalt. (3) United States and possession of the United States The terms United States and possession of the United States have the meaning given such terms in section 638. (4) Manufactured The term manufactured means the manufacturing of a rare earth magnet, including the alloying, reduction, strip casting, and metallization of component rare earth material. (5) Non-allied foreign nation The term non-allied foreign nation has the meaning given to the term covered nation in section 4872(d)(2) of title 10, United States Code. (e) Trade or business requirement No credit shall be allowed under this section with respect to any property unless such property is manufactured in the ordinary course of a trade or business of the taxpayer. (f) Election for direct payment (1) In general In the case of any rare earth magnets manufactured in the United States by the taxpayer during the taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election An election under paragraph (1) shall be made at such time and in such manner as the Secretary may prescribe. Such election, once made, shall— (A) be irrevocable with respect to the property to which such election applies, and (B) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is manufactured to zero. (3) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under paragraph (1)— (A) such paragraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (B) (i) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the rare earth magnets shall be deemed to be zero, and (ii) in the case of an S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to such property shall be deemed to be zero. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended— (1) by striking plus at the end of paragraph (32), (2) by striking the period at the end of paragraph (33) and inserting , plus , and (3) by adding at the end the following new paragraph: (34) the credit for production of rare earth magnets determined under section 45U(a). . (c) Conforming amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Credit for production of rare earth magnets. . (d) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s4680is/xml/BILLS-117s4680is.xml |
117-s-4681 | II 117th CONGRESS 2d Session S. 4681 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Whitehouse (for himself, Ms. Cortez Masto , Ms. Warren , Ms. Hirono , Mr. Blumenthal , Mr. Wyden , Mr. Padilla , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a process for expedited consideration of legislation relating to decisions by the Supreme Court of the United States.
1. Short title This Act may be cited as the Supreme Court Review Act of 2022 . 2. Definitions In this Act— (1) the term covered joint resolution means a joint resolution— (A) that is— (i) reported by a committee of the Senate under section 3(c)(1); (ii) placed on the calendar in the Senate in accordance with section 3(d); or (iii) reported by a committee of the House of Representatives under section 3(c)(2); (B) the title of which is as follows: Joint resolution relating to ____ , the blank space being filled in with the name of a covered Supreme Court decision the matter of which was referred to— (i) a committee of the Senate, upon the Senate agreeing to a motion offered under section 3(a)(2)(A); or (ii) 1 or more committees of the House of Representatives, upon the House of Representatives agreeing to a motion offered under section 3(a)(3)(A); (C) which does not have a preamble; and (D) the matter after the resolving clause of which— (i) for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), only amends— (I) covered provisions of Federal statute with respect to the covered Supreme Court decision; or (II) provisions of Federal statute that are directly implicated by a covered provision of Federal statute described in subclause (I), including statutory definitions, dates, and provisions the meaning of which are reasonably likely to be affected by an amendment to the covered provision of Federal statute; or (ii) for a joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), only amends or enacts provisions of Federal statute in a manner that is reasonably relevant to the covered Supreme Court decision; (2) the term covered provision of Federal statute means a provision of Federal statute interpreted for the first time or reinterpreted by a covered Supreme Court decision; (3) the term covered Supreme Court decision means a decision of the Supreme Court— (A) which— (i) interprets a provision of Federal statute for the first time; or (ii) reinterprets a provision of Federal statute that was previously interpreted by the Supreme Court; or (B) which interprets or reinterprets the Constitution of the United States in a manner that diminishes an individual right or privilege that is or was previously protected by the Constitution of the United States; (4) the term extraneous matter , with respect to a covered joint resolution, an amendment between the Houses in relation thereto, or a conference report thereon, means a provision— (A) for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(A), that— (i) amends a provision of a Federal statute that is not— (I) a covered provision of Federal statute with respect to the case identified in the title of the covered joint resolution; or (II) directly implicated by a covered provision of Federal statute described in subclause (I); or (ii) amends a provision of Federal statute described in subclause (I) or (II) of clause (i) in a manner that is not reasonably relevant to the questions presented in the covered Supreme Court decision; or (B) for a covered joint resolution with respect to a covered Supreme Court decision described in paragraph (3)(B), that is not reasonably relevant to the covered Supreme Court decision; and (5) the term Supreme Court means the Supreme Court of the United States. 3. Reconsideration of covered Supreme Court decisions (a) Opening vote (1) Notice to Congress Not later than 2 days after the date on which the Supreme Court issues a covered Supreme Court decision, the Comptroller General of the United States shall submit to Congress written notice of the covered Supreme Court decision. (2) Senate (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Floor consideration of motion to refer with instructions to report If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and is signed by 16 Senators— (i) all points of order against the motion are waived; (ii) consideration of the motion, and all debatable motions and appeals in connection therewith, shall be limited to not more than 4 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to or a motion to postpone the motion is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (C) Referral without instructions to report If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A) and signed by 16 Senators, the notice shall be referred, with no instructions to report, to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (3) House of Representatives (A) In general In the House of Representatives, it shall be in order, not later than 10 days of session after the date on which notice of a covered Supreme Court decision is received under paragraph (1), to move to refer the notice, with instructions to report, to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Procedure If a motion to refer the notice regarding a covered Supreme Court decision with instructions to report is made in accordance with subparagraph (A)— (i) all points of order against the motion are waived; (ii) the previous question shall be considered as ordered on the motion to its adoption, except 4 hours of debate equally divided and controlled by the proponent and an opponent; (iii) an amendment to the motion shall not be in order; and (iv) a motion to reconsider the vote on adoption of the motion shall not be in order. (C) Referral without instructions to report If no motion to refer the notice regarding a Supreme Court decision with instructions to report is made in accordance with subparagraph (A), the notice shall be referred, with no instructions to report, to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (b) Referral (1) Senate (A) In general In the Senate, following the disposition of a motion offered under subsection (a)(2)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Expedited procedures apply if referral agreed to If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(1), which shall be subject to consideration under the procedures under this section. (C) Limitation on expedited procedures If a motion offered under subsection (a)(2)(A) with respect to the notice of a covered Supreme Court decision is not agreed to— (i) the committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and (ii) (I) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by the committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or (II) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by the committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section. (2) House of Representatives (A) In general In the House of Representatives, following the disposition of a motion offered under subsection (a)(3)(A), and without regard to whether the motion is agreed to, the notice of the applicable covered Supreme Court decision shall be referred to— (i) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (ii) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), the committee or committees of the House of Representatives with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (B) Expedited procedures apply if referral agreed to If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is agreed to, the committee or committees to which the notice is referred shall report a covered joint resolution with respect to the covered Supreme Court decision under subsection (c)(2), which shall be subject to consideration under the procedures under this section. (C) Limitation on expedited procedures If a motion offered under subsection (a)(3)(A) with respect to the notice of a covered Supreme Court decision is not agreed to— (i) a committee to which the notice is referred may not report a covered joint resolution with respect to the covered Supreme Court decision; and (ii) (I) for a notice with respect to a covered Supreme Court decision described in section 2(3)(A), a measure reported by such a committee relating to covered provisions of Federal statute with respect to the covered Supreme Court decision shall not be considered under the procedures under this section; or (II) for a notice with respect to a covered Supreme Court decision described in section 2(3)(B), a measure reported by such a committee amending or enacting provisions of Federal statute relevant to the questions presented in the covered Supreme Court decision shall not be considered under the procedures under this section. (c) Consideration by committee (1) Senate If a motion offered under subsection (a)(2)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(1), the committee of the Senate to which the covered Supreme Court decision was referred shall report to the Senate a covered joint resolution with respect to the covered Supreme Court decision. (2) House of Representatives If a motion offered under subsection (a)(3)(A) with respect to a notice regarding a covered Supreme Court decision is agreed to, not later than 30 days after the referral of the notice under subsection (b)(2), each committee of the House of Representatives to which the covered Supreme Court decision was referred shall report to the House of Representatives a covered joint resolution with respect to the covered Supreme Court decision. (d) Alternative covered joint resolutions in the Senate (1) In general A covered joint resolution with respect to a covered Supreme Court decision that is introduced in the Senate shall be immediately placed on the appropriate calendar if a motion to place the covered joint resolution on the appropriate calendar that is signed by 40 Senators is filed— (A) if another covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), during— (i) the period beginning on the date on which the other covered joint resolution is reported under subsection (c)(1); and (ii) ending on the date that is 10 session days after the date described in clause (i); or (B) if a motion offered under subsection (a)(2)(A) with respect to the notice regarding the covered Supreme Court decision is agreed to and no other covered joint resolution with respect to the covered Supreme Court decision is reported to the Senate under subsection (c)(1), notwithstanding the requirement to report under subsection (c)(1), during— (i) the period beginning on the date that is 30 days after the date of the referral of the notice with respect to the covered Supreme Court decision under subsection (b)(1); and (ii) ending on the date that is 10 session days after the date described in clause (i). (2) Limitations (A) In general Only 1 covered joint resolution with respect to a covered Supreme Court decision may be placed on the appropriate calendar pursuant to this subsection. (B) Multiple motions If multiple motions to place a covered joint resolution with respect to a covered Supreme Court decision on the appropriate calendar are signed by 40 Senators and submitted within the appropriate periods described in subparagraphs (A) and (B) of paragraph (1)— (i) the only covered joint resolution that shall be placed on the appropriate calendar pursuant to this subsection is the covered joint offered by the first motion that is signed by the Minority Leader of the Senate; and (ii) any other such motion— (I) shall not be placed on the appropriate calendar; and (II) shall be referred to— (aa) for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(A), the committee of the Senate with jurisdiction over the subject matter that predominates in the covered provisions of Federal statute at issue in the covered Supreme Court decision; or (bb) for a covered joint resolution with respect to a covered Supreme Court decision described in section 2(3)(B), the committee of the Senate with jurisdiction over the subject matter that predominates in relation to the right affected by the covered Supreme Court decision. (e) Expedited consideration in Senate (1) Proceeding to consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, in the Senate, it shall be in order— (i) to move to proceed to a covered joint resolution reported to the Senate under subsection (c)(1) not later than 10 days after the date on which the covered joint resolution is reported; or (ii) to move to proceed to a covered joint resolution placed on the calendar under subsection (d) not later than 10 days after the date on which the covered joint resolution is placed on the calendar. (B) Procedure For a motion to proceed to the consideration of a covered joint resolution— (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the covered joint resolution shall remain the unfinished business until disposed of. (2) Floor consideration generally If the Senate proceeds to consideration of a covered joint resolution— (A) all points of order against the covered joint resolution (and against consideration of the covered joint resolution) are waived, except for points of order relating to extraneous matter; (B) consideration of the covered joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees; (C) a motion further to limit debate is in order and not debatable; (D) an amendment to, a motion to postpone, or a motion to recommit the covered joint resolution is not in order; and (E) a motion to proceed to the consideration of other business is not in order. (3) Point of order against extraneous matter (A) Point of order (i) In general In the Senate, it shall not be in order to consider a provision in a covered joint resolution that contains extraneous matter. (ii) Point of order sustained If a point of order is made by a Senator against a provision described in clause (i), and the point of order is sustained by the Chair, that provision shall be stricken from the measure. (B) Form of the point of order A point of order under subparagraph (A)(i) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (C) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a covered joint resolution, upon a point of order being made by any Senator pursuant to subparagraph (A)(i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall not be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subparagraph), no further amendment shall be in order. (D) Supermajority waiver and appeal In the Senate, this paragraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this paragraph. (4) Vote on passage The vote on passage of a covered joint resolution shall occur immediately following the conclusion of the consideration of the covered joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (5) Limitation on multiple measures If a covered joint resolution with respect to a covered Supreme Court decision is agreed to in the Senate, it shall not be in order in the Senate to move to proceed to any other covered joint resolution that was introduced in the Senate with respect to the covered Supreme Court decision. (6) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to a covered joint resolution shall be decided without debate. (f) Additional procedures (1) Treatment of covered joint resolution of other House (A) In general If the Senate receives from the House of Representatives a covered joint resolution, the covered joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section, without regard to whether Senate introduced or considered a covered joint resolution relating to the applicable covered Supreme Court decision. (B) Limitation on multiple measures If a covered joint resolution with respect to a covered Supreme Court decision received from the House of Representatives is considered in the Senate under the procedures under this section, it shall not be in order in the Senate to move to proceed to any other covered joint resolution with respect to the covered Supreme Court decision that is received from the House of Representatives. (2) Vetoes If the President vetoes a covered joint resolution, consideration of a veto message in the Senate under this section shall be not more than 2 hours equally divided between the majority and minority leaders or their designees. (g) Rules of House of Representatives and Senate Paragraphs (2) and (3) of subsection (a) and subsections (b) through (f) are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 4. Rule of construction Nothing in this Act shall be construed to limit the authority of the Senate or the House of Representatives to consider and enact legislation relating to covered provisions of Federal statute or rights under the Constitution of the United States under other applicable procedures. | https://www.govinfo.gov/content/pkg/BILLS-117s4681is/xml/BILLS-117s4681is.xml |
117-s-4682 | II 117th CONGRESS 2d Session S. 4682 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Marshall (for himself, Mr. Barrasso , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for disapproval by Congress of the invocation of authorities under the Defense Production Act of 1950.
1. Short title This Act may be cited as the Defense Production Oversight Act of 2022 . 2. Congressional disapproval of invocation of Defense Production Act of 1950 authorities Title VII of the Defense Production Act of 1950 ( 50 U.S.C. 4551 et seq. ) is amended by adding at the end the following: 724. Congressional disapproval of invocation of title I and III authorities (a) In general An invocation by the President of authorities under title I or III shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval. (b) Joint resolution of disapproval defined In this section, the term joint resolution of disapproval means a joint resolution the sole matter after the resolving clause of which is as follows: That Congress disapproves of the invocation by the President of authorities under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) relating to ___. , with the blank space being filled with a brief description of the matter with respect to which the President invoked such authorities. (c) Referral A joint resolution of disapproval shall be referred to the committees in each House of Congress with jurisdiction. (d) Consideration in Senate (1) Committee discharge In the Senate, if the committee to which is referred a joint resolution of disapproval has not reported such joint resolution (or an identical joint resolution) at the end of 20 calendar days after the date on which the President invokes the authorities that are the subject of the joint resolution of disapproval, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (2) Floor consideration (A) Proceeding to consideration In the Senate, when the committee to which a joint resolution of disapproval is referred has reported, or when a committee is discharged (under paragraph (1)) from further consideration of, a joint resolution of disapproval, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (B) Debate In the Senate, debate on a joint resolution of disapproval, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (C) Vote on final passage In the Senate, immediately following the conclusion of the debate on a joint resolution of disapproval, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (D) Appeals from decisions of the Chair Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution of disapproval shall be decided without debate. (3) Time for consideration In the Senate, the procedures specified in this subsection shall not apply to the consideration of a joint resolution of disapproval after the expiration of the period of 60 session days beginning on the date on which the President invokes the authorities that are the subject of the joint resolution. (e) Consideration of resolution of other House If, before the passage by one House of a joint resolution of disapproval of that House, that House receives from the other House a joint resolution of disapproval, then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. (f) Rules of Senate and House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . | https://www.govinfo.gov/content/pkg/BILLS-117s4682is/xml/BILLS-117s4682is.xml |
117-s-4683 | II 117th CONGRESS 2d Session S. 4683 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the River and Harbor Act of 1958 to improve provisions relating to invasive species management, and for other purposes.
1. Short title This Act may be cited as the Aquatic Invasive Species Control Act . 2. Invasive species management Section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 ) is amended— (1) in subsection (b)(2)(A)(ii)— (A) by striking $50,000,000 and inserting $75,000,000 ; and (B) by striking 2024 and inserting 2028 ; and (2) in subsection (g)(2)— (A) in subparagraph (A)— (i) by striking water quantity or water quality and inserting water quantity, water quality, or ecosystems ; and (ii) by inserting the Lake Erie Basin, the Ohio River Basin, after the Upper Snake River Basin, ; and (B) in subparagraph (B), by inserting , hydrilla ( Hydrilla verticillata ), after angustifolia ) . | https://www.govinfo.gov/content/pkg/BILLS-117s4683is/xml/BILLS-117s4683is.xml |
117-s-4684 | II 117th CONGRESS 2d Session S. 4684 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for the implementation of dredged material management plans at certain federally authorized harbors, and for other purposes.
1. Short title This Act may be cited as the Lake Erie Water Quality Protection Act . 2. Dredged material management plans (a) In general The Secretary of the Army (referred to in this section as the Secretary ) shall prioritize implementation of section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) at federally authorized harbors in the State of Ohio. (b) Requirements Each dredged material management plan prepared by the Secretary under section 125(c) of the Water Resources Development Act of 2020 ( 33 U.S.C. 2326h ) for a federally authorized harbor in the State of Ohio shall— (1) include, in the baseline conditions, a prohibition on use of funding for open-lake disposal of dredged material consistent with section 105 of the Energy and Water Development and Related Agencies Appropriations Act, 2022 ( Public Law 117–103 ; 136 Stat. 217); and (2) maximize beneficial use of dredged material under the base plan and under section 204(d) of the Water Resources Development Act of 1992 ( 33 U.S.C. 2326(d) ). (c) Savings provision This section does not— (1) impose a prohibition on use of funding for open-lake disposal of dredged material; or (2) require the development or implementation of a dredged material management plan in accordance with subsection (b) if use of funding for open-lake disposal is not otherwise prohibited by law. | https://www.govinfo.gov/content/pkg/BILLS-117s4684is/xml/BILLS-117s4684is.xml |
117-s-4685 | II 117th CONGRESS 2d Session S. 4685 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for financial services and general government for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for financial services and general government for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF THE TREASURY Departmental offices SALARIES AND EXPENSES For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to State, local, and territorial entities; and Treasury-wide management policies and programs activities, $255,000,000: Provided, That of the amount appropriated under this heading— (1) not to exceed $350,000 is for official reception and representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (3) not to exceed $34,000,000 shall remain available until September 30, 2024, for— (A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; (C) the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; (D) the development and implementation of programs within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements; (E) operations and maintenance of facilities; and (F) international operations. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Committee on Foreign Investment in the United States, $21,000,000, to remain available until expended: Provided, That the chairperson of the Committee may transfer such amounts to any department or agency represented on the Committee (including the Department of the Treasury) subject to advance notification to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts so transferred shall remain available until expended for expenses of implementing section 721 of the Defense Production Act of 1950, as amended ( 50 U.S.C. 4565 ), and shall be available in addition to any other funds available to any department or agency: Provided further, That fees authorized by section 721(p) of such Act shall be credited to this appropriation as offsetting collections: Provided further, That the total amount appropriated under this heading from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, so as to result in a total appropriation from the general fund estimated at not more than $0. OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, human rights abusers, money launderers, drug kingpins, and other national security threats, $212,059,000, of which not less than $3,000,000 shall be available for addressing human rights violations and corruption, including activities authorized by the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note): Provided, That of the amounts appropriated under this heading, up to $12,000,000 shall remain available until September 30, 2024. CYBERSECURITY ENHANCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $88,000,000, to remain available until September 30, 2025: Provided, That such funds shall supplement and not supplant any other amounts made available to the Treasury offices and bureaus for cybersecurity: Provided further, That of the total amount made available under this heading $7,000,000 shall be available for administrative expenses for the Treasury Chief Information Officer to provide oversight of the investments made under this heading: Provided further, That such funds shall supplement and not supplant any other amounts made available to the Treasury Chief Information Officer. DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $8,000,000, to remain available until September 30, 2025: Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department's offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement Internal Revenue Service, Operations Support or Internal Revenue Service, Business Systems Modernization . OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $43,878,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2024, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ( 33 U.S.C. 1321 note); and of which not to exceed $1,000 shall be available for official reception and representation expenses. TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); and services authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Inspector General for Tax Administration; $179,409,000, of which $5,000,000 shall remain available until September 30, 2024; of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM SALARIES AND EXPENSES For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 ), $9,000,000. Financial crimes enforcement network SALARIES AND EXPENSES For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 ; not to exceed $45,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $189,000,000, of which not to exceed $94,600,000 shall remain available until September 30, 2024. Bureau of the fiscal service SALARIES AND EXPENSES For necessary expenses of operations of the Bureau of the Fiscal Service, $372,485,000; of which not to exceed $8,000,000, to remain available until September 30, 2025, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 . Alcohol and tobacco tax and trade bureau SALARIES AND EXPENSES For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $148,863,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $50,000 shall be available for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount appropriated under this heading, $5,000,000 shall be for the costs of accelerating the processing of formula and label applications: Provided further, That of the amount appropriated under this heading, $5,000,000, to remain available until September 30, 2024, shall be for the costs associated with enforcement of and education regarding the trade practice provisions of the Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) and Internal Revenue Code provisions related to promoting fair competition and leveling the playing field in the beverage alcohol industry. United states mint UNITED STATES MINT PUBLIC ENTERPRISE FUND Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations incurred during fiscal year 2023 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $50,000,000. Community development financial institutions fund program account To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public Law 103–325 ), including services authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX–III, $324,000,000. Of the amount appropriated under this heading— (1) not less than $196,000,000, notwithstanding section 108(e) of Public Law 103–325 ( 12 U.S.C. 4707(e) ) with regard to Small and/or Emerging Community Development Financial Institutions Assistance awards, is available until September 30, 2024, for financial assistance and technical assistance under subparagraphs (A) and (B) of section 108(a)(1), respectively, of Public Law 103–325 ( 12 U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may be available for training and outreach under section 109 of Public Law 103–325 ( 12 U.S.C. 4708 ), of which up to $3,153,750 may be used for the cost of direct loans, of which up to $10,000,000, notwithstanding subsection (d) of section 108 of Public Law 103–325 ( 12 U.S.C. 4707(d) ), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit individuals with disabilities, and of which up to $2,000,000 shall be for the Economic Mobility Corps to be operated in conjunction with the Corporation for National and Community Service, pursuant to 42 U.S.C. 12571: Provided, That the cost of direct and guaranteed loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000: Provided further, That of the funds provided under this paragraph, excluding those made to community development financial institutions to expand investments that benefit individuals with disabilities and those made to community development financial institutions that serve populations living in persistent poverty counties, the CDFI Fund shall prioritize Financial Assistance awards to organizations that invest and lend in high-poverty areas: Provided further, That for purposes of this section, the term high-poverty area means any census tract with a poverty rate of at least 20 percent as measured by the 2016–2020 5-year data series available from the American Community Survey of the Bureau of the Census for all States and Puerto Rico or with a poverty rate of at least 20 percent as measured by the 2010 Island areas Decennial Census data for any territory or possession of the United States; (2) not less than $25,000,000, notwithstanding section 108(e) of Public Law 103–325 ( 12 U.S.C. 4707(e) ), is available until September 30, 2024, for financial assistance, technical assistance, training, and outreach programs designed to benefit Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, Tribes and Tribal organizations, and other suitable providers; (3) not less than $35,000,000 is available until September 30, 2024, for the Bank Enterprise Award program; (4) not less than $24,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103–325 ( 12 U.S.C. 4707(d) and (e)), is available until September 30, 2024, for a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities; (5) not less than $9,000,000 is available until September 30, 2024, to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section 122 of Public Law 103–325 ( 12 U.S.C. 4719 ): Provided , That sections 108(d) and 122(b)(2) of such Public Law shall not apply to the provision of such grants and technical assistance; (6) up to $35,000,000 is available for administrative expenses, including administration of CDFI Fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for the development of tools to better assess and inform CDFI investment performance and CDFI program impacts, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (7) during fiscal year 2023, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4713a ): Provided, That commitments to guarantee bonds and notes under such section 114A shall not exceed $500,000,000: Provided further, That such section 114A shall remain in effect until December 31, 2023: Provided further, That of the funds awarded under this heading, except those provided for the Economic Mobility Corps, not less than 10 percent shall be used for awards that support investments that serve populations living in persistent poverty counties: Provided further, That for the purposes of this paragraph and paragraph (1), the term persistent poverty counties means any county, including county equivalent areas in Puerto Rico, that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the 2016–2020 5-year data series available from the American Community Survey of the Bureau of the Census or any other territory or possession of the United States that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990, 2000 and 2010 Island Areas Decennial Censuses, or equivalent data, of the Bureau of the Census. Internal revenue service TAXPAYER SERVICES For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, associated support costs, and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $3,443,768,000, of which not to exceed $100,000,000 shall remain available until September 30, 2024, of which not less than $11,000,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $26,000,000 shall be available for low-income taxpayer clinic grants, including grants to individual clinics of up to $200,000, of which not less than $30,000,000, to remain available until September 30, 2024, shall be available for the Community Volunteer Income Tax Assistance Matching Grants Program for tax return preparation assistance, and of which not less than $235,000,000 shall be available for operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts made available for the Taxpayer Advocate Service, not less than $5,500,000 shall be for identity theft and refund fraud casework. ENFORCEMENT For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) ), associated support costs, and to provide other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner, $6,162,313,000; of which not to exceed $250,000,000 shall remain available until September 30, 2024; of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program; and of which not to exceed $21,000,000 shall be for investigative technology for the Criminal Investigation Division: Provided, That the amount made available for investigative technology for the Criminal Investigation Division shall be in addition to amounts made available for the Criminal Investigation Division under the Operations Support heading. OPERATIONS SUPPORT For necessary expenses to operate the Internal Revenue Service, including its headquarters, the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner; $3,678,470,000, of which not to exceed $275,000,000 shall remain available until September 30, 2025; of which not to exceed $10,000,000 shall remain available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2025, for research; and of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year: Provided further, That the Internal Revenue Service shall include, in its budget justification for fiscal year 2024, a summary of cost and schedule performance information for its major information technology systems. BUSINESS SYSTEMS MODERNIZATION For necessary expenses of the Internal Revenue Service's business systems modernization program, $310,027,000, to remain available until September 30, 2025, and shall be for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing major information technology investments in the Internal Revenue Service Integrated Modernization Business Plan portfolio, including detailed, plain language summaries on the status of plans, costs, and results; prior results and actual expenditures of the prior quarter; upcoming deliverables and costs for the fiscal year; risks and mitigation strategies associated with ongoing work; reasons for any cost or schedule variances; and total expenditures by fiscal year. ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE (INCLUDING TRANSFER OF FUNDS) 101. Not to exceed 5 percent of the appropriation made available in this Act to the Internal Revenue Service under the Enforcement heading, and not to exceed 6 percent of any other appropriation made available in this Act to the Internal Revenue Service, may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate. 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 105. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. 106. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. 107. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 108. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California (Reference Number 2013–10–037). 109. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended— (1) to make a payment to any employee under a bonus, award, or recognition program; or (2) under any hiring or personnel selection process with respect to re-hiring a former employee; unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee. 110. None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information). 111. The Secretary of the Treasury (or the Secretary’s delegate) may use the funds made available in this Act, subject to such policies as the Secretary (or the Secretary’s delegate) may establish, to utilize direct hire authority to recruit and appoint qualified applicants, without regard to any notice or preference requirements, directly to positions in the competitive service to process backlogged tax returns and return information. 112. Notwithstanding section 1344 of title 31, United States Code, funds appropriated to the Internal Revenue Service in this Act may be used to provide passenger carrier transportation and protection between the Commissioner of Internal Revenue’s residence and place of employment. Administrative provisions—Department of the treasury (INCLUDING TRANSFERS OF FUNDS) 113. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109 . 114. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses , Office of Inspector General , Special Inspector General for the Troubled Asset Relief Program , Financial Crimes Enforcement Network , Bureau of the Fiscal Service , and Alcohol and Tobacco Tax and Trade Bureau may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That no transfer under this section may increase or decrease any such appropriation by more than 2 percent. 115. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent. 116. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 117. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service—Salaries and Expenses to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund. 118. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 119. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 120. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2023 until the enactment of the Intelligence Authorization Act for Fiscal Year 2023. 121. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. 122. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days following the submission of the annual budget submitted by the President: Provided, That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed. 123. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. 124. (a) Not later than 60 days after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 125. In addition to amounts otherwise available, there is appropriated to the Special Inspector General for Pandemic Recovery, $12,000,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus Aid, Relief, and Economic Security Act of 2020 ( Public Law 116–136 ). 126. Of the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this section as Secretary ) for administrative expenses pursuant to sections 4003(f) and 4112(b) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) and section 7301(b)(5) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), up to $80,000,000 shall be available to the Secretary, for the duration of the period of availability of such funds, for any administrative expenses of the Department of the Treasury determined by the Secretary to be necessary to implement section 501 of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), sections 3201 or 3206 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), or title VI of the Social Security Act (42 24 U.S.C. 801 et seq. ), in addition to amounts otherwise available for such purposes. 127. Not to exceed 5 percent of any appropriation made available in this Act for the Department of the Treasury may be transferred to the Department’s information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for the Fiscal Year 2018, for the purposes specified in section 1077(b)(3) of such Act, upon the prior notification of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That amounts transferred to the IT WCF under this section shall remain available for obligation through September 30, 2026. This title may be cited as the Department of the Treasury Appropriations Act, 2023 . II EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The white house SALARIES AND EXPENSES For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 ; subsistence expenses as authorized by 3 U.S.C. 105 , which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103 ); and not to exceed $19,000 for official reception and representation expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , $71,500,000. Executive residence at the white house OPERATING EXPENSES For necessary expenses of the Executive Residence at the White House, $15,400,000, to be expended and accounted for as provided by 3 U.S.C. 105 , 109, 110, and 112–114. REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. White house repair and restoration For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d) , $2,500,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance. Council of economic advisers SALARIES AND EXPENSES For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. ), $4,326,000. National security council and homeland security council SALARIES AND EXPENSES For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 , $13,750,000, of which not to exceed $10,000 shall be available for official reception and representation expenses. Office of administration SALARIES AND EXPENSES For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , and hire of passenger motor vehicles, $111,825,000, of which not to exceed $12,800,000 shall remain available until expended for continued modernization of information resources within the Executive Office of the President: Provided, That of the amounts provided under this heading, up to $7,000,000 shall be available for a program to provide payments (such as stipends, subsistence allowances, cost reimbursements, or awards) to students, recent graduates, and veterans recently discharged from active duty who are performing voluntary services in the Executive Office of the President under section 3111(b) of title 5, United States Code, or comparable authority and shall be in addition to amounts otherwise available to pay or compensate such individuals: Provided further, That such payments shall not be considered compensation for purposes of such section 3111(b) and may be paid in advance. Office of management and budget SALARIES AND EXPENSES For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , to carry out the provisions of chapter 35 of title 44, United States Code, and to prepare and submit the budget of the United States Government, in accordance with section 1105(a) of title 31, United States Code, $127,600,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 ( 7 U.S.C. 601 et seq. ): Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the annual work plan developed by the Corps of Engineers for submission to the Committees on Appropriations: Provided further, That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported: Provided further, That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided further, That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly: Provided further, That no later than 14 days after the submission of the budget of the United States Government for fiscal year 2024, the Director of the Office of Management and Budget shall make publicly available on a website a tabular list for each agency that submits budget justification materials (as defined in section 3 of the Federal Funding Accountability and Transparency Act of 2006) that shall include, at minimum, the name of the agency, the date on which the budget justification materials of the agency were submitted to Congress, and a uniform resource locator where the budget justification materials are published on the website of the agency. Intellectual property enforcement coordinator For necessary expenses of the Office of the Intellectual Property Enforcement Coordinator, as authorized by title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ), including services authorized by 5 U.S.C. 3109 , $1,902,000. OFFICE OF THE NATIONAL CYBER DIRECTOR SALARIES AND EXPENSES For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), $21,000,000, of which not to exceed $5,000 shall be available for official reception and representation expenses. Office of national drug control policy SALARIES AND EXPENSES For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998, as amended; not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $20,500,000: Provided, That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $300,000,000, to remain available until September 30, 2024, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs ), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act: Provided, That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $5,800,000 may be used for auditing services and associated activities and $3,500,000 shall be for a new Grants Management System for use by the Office of National Drug Control Policy: Provided further, That any unexpended funds obligated prior to fiscal year 2021 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further, That each HIDTA designated as of September 30, 2022, shall be funded at not less than the fiscal year 2022 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2023 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to this appropriation. OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For other drug control activities authorized by the Anti-Drug Abuse Act of 1988 and the Office of National Drug Control Policy Reauthorization Act of 1998, as amended, $135,370,000, to remain available until expended, which shall be available as follows: $107,000,000 for the Drug-Free Communities Program, of which not more than $12,540,000 is for administrative expenses, and of which $2,500,000 shall be made available as directed by section 4 of Public Law 107–82 , as amended by section 8204 of Public Law 115–271 ; $3,000,000 for drug court training and technical assistance; $15,500,000 for anti-doping activities; up to $3,420,000 for the United States membership dues to the World Anti-Doping Agency; $1,250,000 for the Model Acts Program; and $5,200,000 for activities authorized by section 103 of Public Law 114–198 : Provided, That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out such activities: Provided further, That the Director of the Office of National Drug Control Policy shall, not fewer than 30 days prior to obligating funds under this heading for United States membership dues to the World Anti-Doping Agency, submit to the Committees on Appropriations of the House of Representatives and the Senate a spending plan and explanation of the proposed uses of these funds. Unanticipated needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108 , $1,000,000, to remain available until September 30, 2024. Information technology oversight and reform (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $10,000,000, to remain available until expended: Provided, That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes. Special assistance to the president SALARIES AND EXPENSES For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 , including subsistence expenses as authorized by 3 U.S.C. 106 , which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $6,076,000. Official residence of the vice president OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2) , $321,000: Provided, That advances, repayments, or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Administrative provisions—Executive office of the president and funds appropriated to the president (INCLUDING TRANSFER OF FUNDS) 201. From funds made available in this Act under the headings The White House , Executive Residence at the White House , White House Repair and Restoration , Council of Economic Advisers , National Security Council and Homeland Security Council , Office of Administration , Special Assistance to the President , and Official Residence of the Vice President , the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, with advance approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided, That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further, That no amount shall be transferred from Special Assistance to the President or Official Residence of the Vice President without the approval of the Vice President. 202. (a) During fiscal year 2023, any Executive order or Presidential memorandum issued or revoked by the President shall be accompanied by a written statement from the Director of the Office of Management and Budget on the budgetary impact, including costs, benefits, and revenues, of such order or memorandum. (b) Any such statement shall include— (1) a narrative summary of the budgetary impact of such order or memorandum on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum, listed by Federal agency, for each year in the 5-fiscal-year period beginning in fiscal year 2023; and (3) the impact on revenues of the Federal Government as the result of such order or memorandum over the 5-fiscal-year period beginning in fiscal year 2023. (c) If an Executive order or Presidential memorandum is issued during fiscal year 2023 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that such order or memorandum is issued. (d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. 203. Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a memorandum to all Federal departments, agencies, and corporations directing compliance with the provisions in title VII of this Act. 204. In fiscal year 2023 and each fiscal year thereafter—(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section 204 of the Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117–103 ) and shall continue to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code); and (2) the requirements specified in subsection (c), the first and second provisos of subsection (d)(1), and subsection (d)(2) of such section 204 shall continue to apply. 205. For an additional amount for Office of National Drug Control Policy, Salaries and Expenses , $10,482,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading Administrative Provisions—Executive Office of the President and Funds Appropriated to the President in the explanatory statement accompanying this Act: Provided, That none of the funds made available by this section may be transferred for any other purpose. This title may be cited as the Executive Office of the President Appropriations Act, 2023 . III THE JUDICIARY Supreme court of the united states SALARIES AND EXPENSES For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $109,000,000, of which $1,500,000 shall remain available until expended. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court. CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $15,364,000, to remain available until expended. United states court of appeals for the federal circuit SALARIES AND EXPENSES For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $35,994,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. United states court of international trade SALARIES AND EXPENSES For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $21,260,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. Courts of appeals, district courts, and other judicial services SALARIES AND EXPENSES For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $5,905,055,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects. In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 ), not to exceed $10,280,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. DEFENDER SERVICES For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A ) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1) ; the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b) ; and for necessary training and general administrative expenses, $1,410,334,000, to remain available until expended. FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 ; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $40,000,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332 . COURT SECURITY (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 ), $771,000,000, of which not to exceed $20,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General: Provided, That funds made available under this heading may be used for managing a Judiciary-wide program to facilitate security and emergency management services among the Judiciary, United States Marshals Service, Federal Protective Service, General Services Administration, other Federal agencies, state and local governments and the public; and, notwithstanding sections 331, 566(e)(1), and 566(i) of title 28, United States Code, for identifying and pursuing the voluntary redaction and reduction of personally identifiable information on the internet of judges and other familial relatives who live at the judge’s domicile. Administrative office of the united states courts SALARIES AND EXPENSES For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 , hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b) , advertising and rent in the District of Columbia and elsewhere, $104,376,000, of which not to exceed $8,500 is authorized for official reception and representation expenses. Federal judicial center SALARIES AND EXPENSES For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 , $31,379,000; of which $1,800,000 shall remain available through September 30, 2024, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses. United states sentencing commission SALARIES AND EXPENSES For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $21,641,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. Administrative provisions—The judiciary (INCLUDING TRANSFER OF FUNDS) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109 . 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services and Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners , shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. 304. Section 3315(a) of title 40, United States Code, shall be applied by substituting Federal for executive each place it appears. 305. In accordance with 28 U.S.C. 561–569 , and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E) . For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security. 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note), is amended in the matter following paragraph 12— (1) in the second sentence (relating to the District of Kansas), by striking 31 years and 6 months and inserting 32 years and 6 months ; and (2) in the sixth sentence (relating to the District of Hawaii), by striking 28 years and 6 months and inserting 29 years and 6 months . (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 ; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating to the eastern District of Missouri) by striking 29 years and 6 months and inserting 30 years and 6 months . (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 ; 28 U.S.C. 133 note), is amended— (1) in the first sentence by striking 20 years and inserting 21 years ; (2) in the second sentence (relating to the central District of California), by striking 19 years and 6 months and inserting 20 years and 6 months ; and (3) in the third sentence (relating to the western district of North Carolina), by striking 18 years and inserting 19 years . 307. Section 677 of title 28, United States Code, is amended by adding at the end the following: (d) The Counselor, with the approval of the Chief Justice, shall establish a retention and recruitment program that is consistent with section 908 of the Emergency Supplemental Act, 2002 ( 2 U.S.C. 1926 ) for Supreme Court Police officers and other critical employees who agree in writing to remain employed with the Supreme Court for a period of service of not less than two years. . This title may be cited as the Judiciary Appropriations Act, 2023 . IV DISTRICT OF COLUMBIA Federal funds FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $40,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor. FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $30,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS For salaries and expenses for the District of Columbia Courts, including the transfer and hire of motor vehicles, $294,000,000 to be allocated as follows: for the District of Columbia Court of Appeals, $15,150,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $142,112,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $90,263,000, of which not to exceed $2,500 is for official reception and representation expenses; and $46,475,000, to remain available until September 30, 2024, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and facilities condition assessment: Provided further, That, in addition to the amounts appropriated herein, fees received by the District of Columbia Courts for administering bar examinations and processing District of Columbia bar admissions may be retained and credited to this appropriation, to remain available until expended, for salaries and expenses associated with such activities, notwithstanding section 450 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.50): Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $9,000,000 of the funds provided under this heading among the items and entities funded under this heading: Provided further, That the Joint Committee on Judicial Administration in the District of Columbia may, by regulation, establish a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, for employees of the District of Columbia Courts. FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS (INCLUDING RESCISSION OF FUNDS) For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $46,005,000, to remain available until expended: Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further, That of the unobligated balances from prior year appropriations made available under this heading, $22,000,000, are hereby rescinded not later than September 30, 2023. FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $281,516,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002: Provided, That, of the funds appropriated under this heading, $204,579,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons, of which $7,798,000 shall remain available until September 30, 2025, for costs associated with the relocation under replacement leases for headquarters offices, field offices and related facilities: Provided further, That, of the funds appropriated under this heading, $76,937,000 shall be available to the Pretrial Services Agency, of which $998,000 shall remain available until September 30, 2025, for costs associated with relocation under a replacement lease for headquarters offices, field offices, and related facilities: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $53,629,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further, That the District of Columbia Public Defender Service may establish for employees of the District of Columbia Public Defender Service a program substantially similar to the program set forth in subchapter II of chapter 35 of title 5, United States Code, except that the maximum amount of the payment made under the program to any individual may not exceed the amount referred to in section 3523(b)(3)(B) of title 5, United States Code: Provided further, That for the purposes of engaging with, and receiving services from, Federal Franchise Fund Programs established in accordance with section 403 of the Government Management Reform Act of 1994, as amended, the District of Columbia Public Defender Service shall be considered an agency of the United States Government: Provided further, That the District of Columbia Public Defender Service may enter into contracts for the procurement of severable services and multiyear contracts for the acquisition of property and services to the same extent and under the same conditions as an executive agency under sections 3902 and 3903 of title 41, United States Code. FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL For a Federal payment to the Criminal Justice Coordinating Council, $2,450,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For a Federal payment, to remain available until September 30, 2024, to the Commission on Judicial Disabilities and Tenure, $330,000, and for the Judicial Nomination Commission, $300,000. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT For a Federal payment for a school improvement program in the District of Columbia, $52,500,000, to remain available until expended, for payments authorized under the Scholarships for Opportunity and Results Act (division C of Public Law 112–10 ): Provided, That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such Act, the Secretary of Education shall make scholarships available to students eligible under section 3013(3) of such Act ( Public Law 112–10 ; 125 Stat. 211) including students who were not offered a scholarship during any previous school year: Provided further, That within funds provided for opportunity scholarships up to $1,750,000 shall be for the activities specified in sections 3007(b) through 3007(d) of the Act and up to $500,000 shall be for the activities specified in section 3009 of the Act: Provided further, That none of the funds made available under this heading may be used for an opportunity scholarship for a student to attend a school which does not certify to the Secretary of Education that the student will be provided with the same protections under the Federal laws which are enforced by the Office for Civil Rights of the Department of Education which are provided to a student of a public elementary or secondary school in the District of Columbia. FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD For a Federal payment to the District of Columbia National Guard, $600,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY For a Federal payment to the District of Columbia Water and Sewer Authority, $8,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment. This title may be cited as the District of Columbia Appropriations Act, 2023 . V INDEPENDENT AGENCIES Administrative conference of the united states SALARIES AND EXPENSES For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq. , $3,465,000, to remain available until September 30, 2024, of which not to exceed $1,000 is for official reception and representation expenses. Barry goldwater scholarship and excellence in education foundation SALARIES AND EXPENSES For payment to the Barry Goldwater Scholarship and Excellence in Education Fund, established by section 1408 of Public Law 99–661 ( 20 U.S.C. 4707 ), for necessary expenses to carry out activities pursuant to the Barry Goldwater Scholarship and Excellence in Education Act of 1986 ( 20 U.S.C. 4701 et seq. ), $2,000,000, to remain available until expended. Commodity futures trading commission (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases), in the District of Columbia and elsewhere, $336,000,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which not less than $20,000,000 shall remain available until September 30, 2024, and of which not less than $4,218,000 shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553 , amounts provided under this heading are available for the liquidation of obligations equal to current year payments on leases entered into prior to the date of enactment of this Act: Provided further, That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against accounts closed pursuant to 31 U.S.C. 1552 , and consistent with the preceding proviso, such amounts shall be transferred to and recorded in a no-year account in the Treasury, which has been established for the sole purpose of recording adjustments for and liquidating such unpaid obligations. Consumer product safety commission SALARIES AND EXPENSES For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376 , purchase of nominal awards to recognize non-Federal officials' contributions to Commission activities, and not to exceed $4,000 for official reception and representation expenses, $153,000,000, of which $2,000,000 shall remain available until expended, to carry out the program, including administrative costs, required by section 204 of the Nicholas and Zachary Burt Memorial Carbon Monoxide Poisoning Prevention Act of 2022 (title II of division Q of Public Law 117–103 ). ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY COMMISSION 501. During fiscal year 2023, none of the amounts made available by this Act may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after— (1) the National Academy of Sciences, in consultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine— (A) the technical validity of the lateral stability and vehicle handling requirements proposed by such standard for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ROV ) rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements; (B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; (C) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a ROV’s rollover resistance on a progressive scale; and (D) the effect on the utility of ROVs used by the United States military if the proposed requirements were adopted; and (2) a report containing the results of the study completed under paragraph (1) is delivered to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. Election assistance commission SALARIES AND EXPENSES For necessary expenses to carry out the Help America Vote Act of 2002 ( Public Law 107–252 ), $22,000,000, of which $1,500,000 shall be made available to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002. ELECTION SECURITY GRANTS Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 ( 52 U.S.C. 20904(c)(2)(B) ), $400,000,000 is provided to the Election Assistance Commission for necessary expenses to make payments to States for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized by sections 101, 103, and 104 of such Act: Provided, That for purposes of applying such sections, the Commonwealth of the Northern Mariana Islands shall be deemed to be a State and, for purposes of sections 101(d)(2) and 103(a) shall be treated in the same manner as the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands: Provided further, That each reference to the Administrator of General Services or the Administrator in sections 101 and 103 shall be deemed to refer to the Election Assistance Commission : Provided further, That each reference to $5,000,000 in section 103 shall be deemed to refer to $3,000,000 and each reference to $1,000,000 in section 103 shall be deemed to refer to $600,000 : Provided further, That not later than 45 days after the date of enactment of this Act, the Election Assistance Commission shall make the payments to States under this heading: Provided further, That States shall submit quarterly financial reports and annual progress reports. Federal communications commission SALARIES AND EXPENSES For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109 , $390,192,000, to remain available until expended: Provided, That $390,192,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year 2023 appropriation estimated at $0: Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B) , proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $132,231,000 for fiscal year 2023: Provided further, That, of the amount appropriated under this heading, not less than $12,131,000 shall be for the salaries and expenses of the Office of Inspector General. ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS COMMISSION 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking December 31, 2022 each place it appears and inserting December 31, 2024 . 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. Federal deposit insurance corporation OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $47,500,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal election commission SALARIES AND EXPENSES For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $78,225,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal labor relations authority SALARIES AND EXPENSES For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 , and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $28,768,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law ( 5 U.S.C. 5703 ) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C. 3302 , funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal permitting improvement steering council ENVIRONMENTAL REVIEW IMPROVEMENT FUND For necessary expenses of the Environmental Review Improvement Fund established pursuant to 42 U.S.C. 4370m–8(d) , $10,000,000, to remain available until expended. Federal trade commission SALARIES AND EXPENSES For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; services as authorized by 5 U.S.C. 3109 ; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $430,000,000, to remain available until expended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further, That, notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $190,000,000 in fiscal year 2023), shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That, notwithstanding any other provision of law, fees collected to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ), regardless of the year of collection (and estimated to be $20,000,000 in fiscal year 2023), shall be credited to this account, and be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $220,000,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t ). General services administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFERS OF FUNDS) Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $10,318,478,000, of which— (1) $946,423,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services) and remediation, as follows: District of Columbia: DHS Consolidation at St. Elizabeths, $379,938,000; Federal Energy Regulatory Commission Lease Purchase Option, $21,000,000; Southeast Federal Center Remediation, $7,085,000; National Capital Region: Federal Bureau of Investigation Headquarters Consolidation, $500,000,000; Tennessee: Chattanooga, U.S. Courthouse, $38,400,000: Provided , That each of the foregoing limits of costs on construction, acquisition, and remediation projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate of a greater amount; (2) $733,994,000 shall remain available until expended for repairs and alterations, including associated design and construction services, of which— (A) $249,578,000 is for Major Repairs and Alterations as follows: Multiple Locations: National Conveying Systems, $63,198,000; National Capital Region: Fire Alarm Systems, $81,125,000; California: San Francisco, Federal Building, $15,687,000; New York: Alexander Hamilton U.S. Custom House, $68,497,000; Oklahoma: Oklahoma City, William J. Holloway, Jr. U.S. Courthouse and Post Office, $3,093,000; Vermont: St. Albans, Federal Building, U.S. Post Office and Custom House, $17,978,000; (B) $398,797,000 is for Basic Repairs and Alterations; and (C) $85,619,000 is for Special Emphasis Programs as follows: Consolidation Activities, $20,000,000; Fire Protection and Life Safety, $20,000,000; Judiciary Capital Security Program, $20,000,000; Seismic Mitigation Program, $5,619,000; Energy and Water Retrofit and Conservation Program, $10,000,000; and Climate and Resilience Program, $10,000,000: Provided, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the amounts provided in this or any prior Act for Repairs and Alterations may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading Repairs and Alterations , may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading Repairs and Alterations or used to fund authorized increases in prospectus projects; (3) $5,645,680,000 for rental of space to remain available until expended; and (4) $2,992,381,000 for building operations to remain available until expended: Provided, That the total amount of funds made available from this Fund to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a) , has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056 , shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2023, excluding reimbursements under 40 U.S.C. 592(b)(2) , in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY For expenses authorized by law, not otherwise provided for, for Government-wide policy associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 ; and evaluation activities as authorized by statute; $70,354,000, of which $4,000,000 shall remain available until September 30, 2024. OPERATING EXPENSES For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, and management; the hire of zero-emission passenger motor vehicles and supporting charging or fueling infrastructure; and services as authorized by 5 U.S.C. 3109 ; $54,478,000, of which not to exceed $7,500 is for official reception and representation expenses. CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise provided for, for the activities associated with the Civilian Board of Contract Appeals, $10,100,000, of which $2,000,000 shall remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109 , $72,450,000: Provided, That not to exceed $3,000,000 shall be available for information technology enhancements related to implementing cloud services, improving security measures, and providing modern technology case management solutions: Provided further, That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 note), and Public Law 95–138 , $5,200,000. FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFER OF FUNDS) For expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 ; and for expenses authorized by law, not otherwise provided for, in support of interagency projects that enable the Federal Government to enhance its ability to conduct activities electronically, through the development and implementation of innovative uses of information technology; $57,750,000, to be deposited into the Federal Citizen Services Fund: Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal Citizen Services Fund: Provided further, That the appropriations, revenues, reimbursements, and collections deposited into the Fund shall be available until expended for necessary expenses of Federal Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in the aggregate amount not to exceed $200,000,000: Provided further, That appropriations, revenues, reimbursements, and collections accruing to this Fund during fiscal year 2023 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts: Provided further, That the transfer authorities provided herein shall be in addition to any other transfer authority provided in this Act. ASSET PROCEEDS AND SPACE MANAGEMENT FUND For carrying out section 16(b) of the Federal Assets Sale and Transfer Act of 2016 ( 40 U.S.C. 1303 note), $4,200,000, to remain available until expended. WORKING CAPITAL FUND For the Working Capital Fund of the General Services Administration, $4,200,000, to remain available until expended, for necessary costs incurred by the Administrator to modernize rulemaking systems and to provide support services for Federal rulemaking agencies. ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 521. Funds in the Federal Buildings Fund made available for fiscal year 2023 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. 522. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2024 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 ). 524. From funds made available under the heading Federal Buildings Fund, Limitations on Availability of Revenue , claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 , the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. 526. With respect to E–Government projects funded under the heading Federal Citizen Services Fund , the Administrator of General Services shall submit a spending plan and explanation for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of enactment of this Act. 527. None of the funds made available in this or any prior Act for the Federal Bureau of Investigation Headquarters Consolidation project may be used to plan or design any facility that does not meet the requirements of a new, fully-consolidated headquarters building in the National Capital Region at one of the three sites listed in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR 17 prospectus for a new fully-consolidated Federal Bureau of Investigation Headquarters, and that does not meet Interagency Security Committee Level V security standards as described in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR 17 prospectus. Harry s truman scholarship foundation SALARIES AND EXPENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642 , $3,000,000, to remain available until expended. Merit systems protection board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $48,116,000, to remain available until September 30, 2024, and in addition not to exceed $2,345,000, to remain available until September 30, 2024, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. Morris K. udall and stewart L. udall foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act ( 20 U.S.C. 5601 et seq. ), $1,800,000, to remain available for direct expenditure until expended, of which, notwithstanding sections 8 and 9 of such Act, up to $1,000,000 shall be available to carry out the activities authorized by section 6(7) of Public Law 102–259 and section 817(a) of Public Law 106–568 ( 20 U.S.C. 5604(7) ): Provided, That all current and previous amounts transferred to the Office of Inspector General of the Department of the Interior will remain available until expended for audits and investigations of the Morris K. Udall and Stewart L. Udall Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C. App.), as amended, and for annual independent financial audits of the Morris K. Udall and Stewart L. Udall Foundation pursuant to the Accountability of Tax Dollars Act of 2002 ( Public Law 107–289 ): Provided further, That previous amounts transferred to the Office of Inspector General of the Department of the Interior may be transferred to the Morris K. Udall and Stewart L. Udall Foundation for annual independent financial audits pursuant to the Accountability of Tax Dollars Act of 2002 ( Public Law 107–289 ). ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,500,000, to remain available until expended. National archives and records administration OPERATING EXPENSES For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning, $420,226,000, of which $30,000,000 shall remain available until expended for expenses necessary to enhance the Federal Government's ability to electronically preserve, manage, and store Government records, of which up to $2,000,000 shall remain available until expended to implement the Civil Rights Cold Case Records Collection Act of 2018 ( Public Law 115–426 ), and of which $1,000,000 shall be for necessary expenses of the Public Interest Declassification Board in carrying out the provisions of the Public Interest Declassification Act of 2000 (title VII of Public Law 106–567 ; 50 U.S.C. 3355 et seq. ). OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 , 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $5,216,000. REPAIRS AND RESTORATION (INCLUDING TRANSFER OF FUNDS) For the repair, alteration, and improvement of archives facilities and museum exhibits, related equipment for public spaces, and to provide adequate storage for holdings, $22,224,000, to remain available until expended, of which no less than $7,250,000 is for upgrades to the Carter Presidential Library in Atlanta, Georgia and of which $6,000,000 is for the Ulysses S. Grant Presidential Museum in Starkville, Mississippi. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 , $8,350,000, to remain available until expended. ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 531. For an additional amount for National Historical Publications and Records Commission Grants Program , $22,441,000, which shall be for initiatives in the amounts and for the projects specified in the table that appears under the heading ‘‘Administrative Provisions—National Archives and Records Administration” in the explanatory statement accompanying this Act: Provided, That none of the funds made available by this section may be transferred for any other purpose. National credit union administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 , 9822, and 9910, $3,000,000 shall be available until September 30, 2024, for technical assistance to low-income designated credit unions: Provided, That credit unions designated solely as minority depository institutions shall be eligible to apply for and receive such technical assistance. Office of government ethics SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act, including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $20,116,000. Office of personnel management SALARIES AND EXPENSES (INCLUDING TRANSFERS OF TRUST FUNDS) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 ; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $173,181,000: Provided, That of the total amount made available under this heading, $19,373,000 shall remain available until expended, for information technology modernization and Trust Fund Federal Financial System migration or modernization, and shall be in addition to funds otherwise made available for such purposes: Provided further, That of the total amount made available under this heading, $1,381,748 may be made available for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal Procurement Policy Act, as amended ( 41 U.S.C. 4001 et seq. )), including the recruitment, hiring, training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management; and in addition $183,450,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided further, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2023, accept donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission: Provided further, That not to exceed 5 percent of amounts made available under this heading may be transferred to an information technology working capital fund established for purposes authorized by subtitle G of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 40 U.S.C. 11301 note): Provided further, That the OPM Director shall notify, and receive approval from, the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer under the preceding proviso: Provided further, That amounts transferred to such a fund under such transfer authority from any organizational category of OPM shall not exceed 5 percent of each such organizational category’s budget as identified in the report required by section 608 of this Act: Provided further, That amounts transferred to such a fund shall remain available for obligation through September 30, 2026. OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 , hire of passenger motor vehicles, $5,408,000, and in addition, not to exceed $29,487,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. Office of special counsel SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Special Counsel, including services as authorized by 5 U.S.C. 3109 , payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles, $31,904,000. Privacy and civil liberties oversight board SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), $10,633,000, to remain available until September 30, 2024. Public buildings reform board SALARIES AND EXPENSES For salaries and expenses of the Public Buildings Reform Board in carrying out the Federal Assets Sale and Transfer Act of 2016 ( Public Law 114–287 ), $3,785,000, to remain available until expended. Securities and exchange commission SALARIES AND EXPENSES For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 , the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $2,149,000,000, to remain available until expended; of which not less than $18,979,000 shall be for the Office of Inspector General; of which not to exceed $275,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; and of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence. In addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement lease for the Commission’s District of Columbia headquarters facilities, not to exceed $57,405,000, to remain available until expended; and for move, replication, and related costs associated with a replacement lease for the Commission’s San Francisco Regional Office facilities, not to exceed $3,365,000, to remain available until expended. For purposes of calculating the fee rate under section 31(j) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee(j) ) for fiscal year 2023, all amounts appropriated under this heading shall be deemed to be the regular appropriation to the Commission for fiscal year 2023: Provided, That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) shall be credited to this account as offsetting collections: Provided further, That not to exceed $2,149,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account; not to exceed $57,405,000 of such offsetting collections shall be available until expended for move, replication, and related costs under this heading associated with a replacement lease for the Commission’s District of Columbia headquarters facilities; and not to exceed $3,365,000 of such offsetting collections shall be available until expended for move, replication, and related costs under this heading associated with a replacement lease for the Commission’s San Francisco Regional Office facilities: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2023 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2023 appropriation from the general fund estimated at not more than $0: Provided further, That if any amount of the appropriation for move, replication, and related costs associated with a replacement lease for the Commission’s District of Columbia headquarters facilities or if any amount of the appropriation for move, replication, and related costs associated with a replacement lease for the Commission’s San Francisco Regional Office facilities is subsequently de-obligated by the Commission, such amount that was derived from the general fund shall be returned to the general fund, and such amounts that were derived from fees or assessments collected for such purpose shall be paid to each national securities exchange and national securities association, respectively, in proportion to any fees or assessments paid by such national securities exchange or national securities association under section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) in fiscal year 2023. Selective service system SALARIES AND EXPENSES For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 ; and not to exceed $750 for official reception and representation expenses; $31,682,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341 , whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Small business administration SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $308,297,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302 , revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further, That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447 , during fiscal year 2023: Provided further, That $6,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2024: Provided further, That $20,000,000 shall be available for the Veteran's Small Business certification program as authorized by sections 36 and 36A of the Small Business Act, to be available until September 30, 2024. ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting entrepreneurial and small business development, $311,000,000, to remain available until September 30, 2024: Provided, That $138,000,000 shall be available to fund grants for performance in fiscal year 2023 or fiscal year 2024 as authorized by section 21 of the Small Business Act: Provided further, That $41,000,000 shall be for marketing, management, and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m)(4) ) by intermediaries that make microloans under the microloan program: Provided further, That $20,000,000 shall be available for grants to States to carry out export programs that assist small business concerns authorized under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) ). OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $23,805,000. OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 ( 15 U.S.C. 634a et seq. ) and the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. ), $9,939,000, to remain available until expended. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans, $6,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2023 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 and commitments for loans authorized under subparagraph (C) of section 502(7) of the Small Business Investment Act of 1958 ( 15 U.S.C. 696(7) ) shall not exceed, in the aggregate, $15,000,000,000: Provided further, That during fiscal year 2023 commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act shall not exceed $35,000,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2023 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $5,000,000,000: Provided further, That during fiscal year 2023, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $15,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $165,300,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $179,000,000, to be available until expended, of which $1,600,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $169,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $8,400,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided, That, of the funds provided under this heading, $143,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ): Provided further, That the amount for major disasters under this heading is designated by the Congress as being for disaster relief pursuant to a concurrent resolution on the budget. ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) 540. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 541. Not to exceed 3 percent of any appropriation made available in this Act for the Small Business Administration under the headings Salaries and Expenses and Business Loans Program Account may be transferred to the Administration's information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for Fiscal Year 2018, for the purposes specified in section 1077(b)(3) of such Act, upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That amounts transferred to the IT WCF under this section shall remain available for obligation through September 30, 2026. 542. For an additional amount for Small Business Administration—Salaries and Expenses , $121,044,000, which shall be for initiatives related to small business development and entrepreneurship, including programmatic, construction, and acquisition activities, in the amounts and for the projects specified in the table that appears under the heading Administrative Provisions—Small Business Administration in the explanatory statement accompanying this Act: Provided, That, notwithstanding sections 2701.92 and 2701.93 of title 2, Code of Federal Regulations, the Administrator of the Small Business Administration may permit awards to subrecipients for initiatives funded under this section: Provided further, That none of the funds made available by this section may be transferred for any other purpose. United states postal service PAYMENT TO THE POSTAL SERVICE FUND For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $50,253,000: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices: Provided further, That the Postal Service may not destroy, and shall continue to offer for sale, any copies of the Multinational Species Conservation Funds Semipostal Stamp, as authorized under the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( Public Law 111–241 ). OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $271,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 ). United states tax court SALARIES AND EXPENSES For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 , and not to exceed $3,000 for official reception and representation expenses, $57,300,000, of which $1,000,000 shall remain available until expended: Provided, That the amount made available under 26 U.S.C. 7475 shall be transferred and added to any amounts available under 26 U.S.C. 7473 , to remain available until expended, for the operation and maintenance of the United States Tax Court: Provided further, That travel expenses of the judges shall be paid upon the written certificate of the judge. VI GENERAL PROVISIONS—THIS ACT 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, except for transfers made pursuant to the authority in section 3173(d) of title 40, United States Code, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided, That prior to any significant reorganization, restructuring, relocation, or closing of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further, That at a minimum the report shall include: (1) a table for each appropriation, detailing both full-time employee equivalents and budget authority, with separate columns to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, in the accompanying report, or in the budget appendix for the respective appropriation, whichever is more detailed, and which shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided, as well as to discretionary grants and discretionary grant allocations; and (3) an identification of items of special congressional interest. 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023 from appropriations made available for salaries and expenses for fiscal year 2023 in this Act, shall remain available through September 30, 2024, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. 610. (a) None of the funds made available in this Act may be used by the Executive Office of the President to request— (1) any official background investigation report on any individual from the Federal Bureau of Investigation; or (2) a determination with respect to the treatment of an organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code from the Department of the Treasury or the Internal Revenue Service. (b) Subsection (a) shall not apply— (1) in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code). 614. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. 615. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service. 616. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 ). (2) Payments to— (A) the Judicial Officers' Retirement Fund ( 28 U.S.C. 377(o) ); (B) the Judicial Survivors' Annuities Fund ( 28 U.S.C. 376(c) ); and (C) the United States Court of Federal Claims Judges' Retirement Fund ( 28 U.S.C. 178(l) ). (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849); and (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 ). (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 of title 5, United States Code. (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 617. (a) The head of each executive branch agency funded by this Act shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology. (b) Amounts appropriated for any executive branch agency funded by this Act that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as specified by, or approved by, the Chief Information Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials. 618. None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code. 619. None of the funds made available in this Act may be used by a governmental entity to require the disclosure by a provider of electronic communication service to the public or remote computing service of the contents of a wire or electronic communication that is in electronic storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States. 620. No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978. Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 621. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with subsection (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regulations, as in effect on July 15, 2015: Provided, That this section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative to Mobility Fund Phase II: Provided further, That any such alternative mechanism shall maintain existing high-cost support to competitive eligible telecommunications carriers until support under such mechanism commences. 622. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity. 623. None of the funds appropriated or other-wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program and unless such awards or incentive fees are consistent with section 16.401(e)(2) of the Federal Acquisition Regulation. 624. (a) None of the funds made available under this Act may be used to pay for travel and conference activities that result in a total cost to an Executive branch department, agency, board or commission funded by this Act of more than $500,000 at any single conference unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. (b) None of the funds made available under this Act may be used to pay for the travel to or attendance of more than 50 employees, who are stationed in the United States, at any single conference occurring outside the United States unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. 625. None of the funds made available by this Act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this Act in contravention of sections 301–10.122 through 301–10.125 of title 41, Code of Federal Regulations. 626. In addition to any amounts appropriated or otherwise made available for expenses related to enhancements to www.oversight.gov, $850,000, to remain available until expended, shall be provided for an additional amount for such purpose to the Inspectors General Council Fund established pursuant to section 11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.): Provided, That these amounts shall be in addition to any amounts or any authority available to the Council of the Inspectors General on Integrity and Efficiency under section 11 of the Inspector General Act of 1978 (5 U.S.C. App.). 627. None of the funds made available by this Act may be obligated on contracts in excess of $5,000 for public relations, as that term is defined in Office and Management and Budget Circular A–87 (revised May 10, 2004), unless advance notice of such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. 628. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 629. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 630. Not later than 45 days after the last day of each quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the Senate and the House of Representatives a quarterly budget report that includes total obligations of the Agency for that quarter for each appropriation, by the source year of the appropriation. VII GENERAL PROVISIONS—GOVERNMENT-WIDE Departments, agencies, and corporations (INCLUDING TRANSFER OF FUNDS) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2023 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 )) by the officers and employees of such department, agency, or instrumentality. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement vehicles, protective vehicles, and undercover surveillance vehicles), is hereby fixed at $24,934 except station wagons for which the maximum shall be $25,996: Provided, That these limits may be exceeded by not to exceed $7,250 for police-type vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles: Provided further, That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on alternative fuel, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924 . 704. Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) ; (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; (4) is a person who owes allegiance to the United States; or (5) is a person who is authorized to be employed in the United States pursuant to the Deferred Action for Childhood Arrivals program established under the memorandum of the Secretary of Homeland Security dated June 15, 2012: Provided, That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further, That for purposes of paragraphs (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further, That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country. 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 14057 (December 8, 2021), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109 ; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. 711. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 13618 (July 6, 2012). 712. (a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )). 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. 719. (a) In this section, the term agency — (1) means an Executive agency, as defined under 5 U.S.C. 105 ; and (2) includes a military department, as defined under section 102 of such title and the United States Postal Service. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) , has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. (a) Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided, That these funds shall be administered by the Administrator of General Services to support Government-wide and other multiagency financial, information technology, procurement, and other management innovations, initiatives, and activities, including improving coordination and reducing duplication, as approved by the Director of the Office of Management and Budget. (b) (1) The total funds transferred or reimbursed pursuant to this section shall not exceed $100,000,000 to support cross-cutting program implementation, including those required by statute to be applicable to multiple agencies or government-wide and for other activities related to Federal Government Priority Goals established by 31 U.S.C. 1120 . (2) None of the funds authorized or transferred pursuant to paragraph (1) may be expended until the Director of the Office of Management and Budget consults with and openly solicits recommendations from member agencies of the appropriate executive councils provided in law (including, but not limited to, the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, the Performance Improvement Council for performance improvement initiatives, the Chief Data Officers Council for data management and information sharing initiatives, and the Evaluation Officers Council for evaluation and evidence-building initiatives). (3) The Director of the Office of Management and Budget may, for purposes of sound management and execution of the funds in this section, use, but not exceed, $5,000,000 of the funds transferred or reimbursed pursuant to this section to provide administrative support for the execution of actions and activities authorized in subsection (a). (4) The funds transferred to or for reimbursement of General Services Administration, Government-wide Policy for purposes of this section during fiscal year 2023 shall remain available for obligation through September 30, 2024. (c) (1) Not later than 45 days after enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of the General Services Administration, shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Reform of the House of Representatives a detailed spend plan for the funds transferred or reimbursed pursuant to subsection (b). (2) The spend plan required in paragraph (1) shall, at a minimum, include— (A) the amounts currently in the funds authorized under this section and the estimate of amounts to be transferred or reimbursed in fiscal year 2023; (B) a detailed breakdown of the purposes for all funds estimated to be transferred or reimbursed pursuant to this section, including a brief description, by category, of how the amounts of each fund will contribute to the purposes described subsection (b)(1); (C) where applicable, a description of the funds intended for use by or for the benefit of each executive council; and (D) where applicable, a description of the funds intended for use by or for the implementation of specific laws passed by Congress. (d) No transfers or reimbursements may be made pursuant to this section until 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget. 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science, Space, and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations: Provided, That this section shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. 725. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory means agency actions to implement, interpret or enforce authorities provided in law. (2) The term supervisory means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Centers facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In General None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) ) or any subsidiary of such an entity. (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2023, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 736. (a) (1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2023, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2023, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remainder of fiscal year 2023, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2022 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2023 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) For the purposes of this subsection, the rates payable to an employee who is covered by this subsection and who is paid from a schedule not in existence on September 30, 2022, shall be determined under regulations prescribed by the Office of Personnel Management. (4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2022, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) This subsection shall apply with respect to pay for service performed after September 30, 2022. (6) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2023 under sections 5344 and 5348 of title 5, United States Code, shall be— (1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided , That prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5, United States Code, and prevailing rate employees described in section 5343(a)(5) of title 5, United States Code, shall be considered to be located in the pay locality designated as Rest of United States pursuant to section 5304 of title 5, United States Code, for purposes of this subsection; and (2) effective as of the first day of the first applicable pay period beginning after September 30, 2022. 737. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2023 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days after the end of a quarter, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2023 for which the cost to the United States Government was more than $20,000. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012 or any subsequent revisions to that memorandum. 738. None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act. 739. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled Competitive Area published by the Office of Personnel Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180 et seq.). 740. None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 741. (a) None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 742. (a) No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. : Provided, That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law. (b) A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into. (c) No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a). 743. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 744. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 745. (a) During fiscal year 2023, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 , the Bureau of Consumer Financial Protection shall notify the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate of such request. (b) Any notification required by this section shall be made available on the Bureau’s public website. 746. (a) Notwithstanding the official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice President during calendar year 2023 shall be 4.6 percent above the rate payable to the Vice President on December 31, 2022, as limited under section 747 of division E of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ). (b) Notwithstanding the official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be increased by 4.6 percent (relative to the preexisting rate actually payable) at the time the official rate is adjusted in January 2023. Such an employee may receive no other pay increase during calendar year 2023, except as provided in subsection (i). (c) Notwithstanding section 401 of the Foreign Service Act of 1980 ( Public Law 96–465 ) or any other provision of law, a chief of mission or ambassador at large is subject to subsection (b) in the same manner as other employees who are paid at an Executive Schedule rate. (d) (1) This subsection applies to— (A) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or (B) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule. (2) Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph (1) who is serving at the time official rates of the Executive Schedule are adjusted may receive a single increase in the employee’s pay rate of no more than 4.6 percent during calendar year 2023, subject to the normally applicable pay rules and pay limitations in effect on December 31, 2022, after those pay limitations are increased by 4.6 percent (after applicable rounding). Such an employee may receive no other pay increase during calendar year 2023, except as provided in subsection (i). (e) Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality-based payments under section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment, and who is serving at the time official rates of the Executive Schedule are adjusted, may receive a single increase in the employee’s pay rate of no more than 4.6 percent during calendar year 2023, subject to the normally applicable pay rules and pay limitations in effect on December 31, 2022, after those pay limitations are increased by 4.6 percent (after applicable rounding). Such an employee may receive no other pay increase during calendar year 2023, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States Code, applied to them. (f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. (g) This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section 3392(c) of title 5, United States Code, for such time as that election is in effect. (h) This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 ( Public Law 96–465 ) for such time as that election is in effect. (i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable pay limitations in effect on December 31, 2022, after those rates and pay limitations are increased by 4.6 percent (after applicable rounding). (j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable pay limitations in effect on December 31, 2022, after those rates and pay limitations are increased by 4.6 percent (after applicable rounding). (k) If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2023 but ends in calendar year 2024, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period. (l) For the purpose of this section, the term covered position means a position occupied by an employee whose pay is restricted under this section. (m) This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2023. 747. In the event of a violation of the Impoundment Control Act of 1974, the President or the head of the relevant department or agency, as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken: Provided, That a copy of each report shall also be transmitted to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General on the same date the report is transmitted to the Congress. 748. (a) During the current fiscal year— (1) with respect to budget authority proposed to be rescinded or that is set to be reserved or proposed to be deferred in a special message transmitted under section 1012 or 1013 of the Congressional Budget and Impoundment Control Act of 1974, such budget authority— (A) shall be made available for obligation in sufficient time to be prudently obligated as required under section 1012(b) or 1013 of such Act; and (B) may not be deferred or otherwise withheld from obligation during the 90-day period before the expiration of the period of availability of such budget authority, including, if applicable, the 90-day period before the expiration of an initial period of availability for which such budget authority was provided; and (2) with respect to an apportionment of an appropriation made pursuant to section 1513(b) of title 31, United States Code, an appropriation (as that term is defined in section 1511 of title 31, United States Code) shall be apportioned— (A) to make available all amounts for obligation in sufficient time to be prudently obligated; and (B) to make available all amounts for obligation, without precondition (including footnotes) that shall be met prior to obligation, not later than 90 days before the expiration of the period of availability of such appropriation, including, if applicable, 90 days before the expiration of an initial period of availability for which such appropriation was provided. (b) As used in this section, the term budget authority includes budget authority made available by this or any other Act, by prior appropriations Acts, or by any law other than an appropriations Act. (c) (1) The Comptroller General shall review compliance with this section and shall submit to the Committees on Appropriations and the Budget, and any other appropriate congressional committees of the House of Representatives and Senate a report, and any relevant information related to the report, on any noncompliance with this section or the Impoundment Control Act of 1974. (2) The President or the head of the relevant department or agency of the United States shall provide information, documentation, and views to the Comptroller General, as is determined by the Comptroller General to be necessary to determine such compliance, not later than 20 days after the date on which the request from the Comptroller General is received, or if the Comptroller General determines that a shorter or longer period is appropriate based on the specific circumstances, within such shorter or longer period. (3) To carry out the responsibilities of this section and the Impoundment Control Act of 1974, the Comptroller General shall also have access to interview the officers, employees, contractors, and other agents and representatives of a department, agency, or office of the United States at any reasonable time as the Comptroller General may request. (d) (1) In the event of a violation of this section, or in the case that the Government Accountability Office issues a legal decision concluding that a department, agency, or office of the United States violated this section, the President or the head of the relevant department or agency as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken: Provided , That a copy of each report shall also be transmitted to the Comptroller General and the relevant inspector general on the same date the report is transmitted to the Congress. (2) Any such report shall include a summary of the facts pertaining to the violation, the title and Treasury Appropriation Fund Symbol of the appropriation or fund account, the amount involved for each violation, the date on which the violation occurred, the position of any individuals responsible for the violation, and a statement of any actions taken to prevent recurrence of the same type of violation: Provided , That in the case that the Government Accountability Office issues a legal decision concluding that a department, agency, or office of the United States violated this section and the relevant department, agency, or office does not agree that a violation has occurred, the report provided to Congress, the Comptroller General, and relevant inspector general will explain such department, agency, or office’s position. 749. (a) Each department or agency of the executive branch of the United States Government shall notify the Committees on Appropriations and the Budget of the House of Representatives and the Senate and any other appropriate congressional committees if— (1) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; (2) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or (3) an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by such department or agency. (b) Any notification submitted to a congressional committee pursuant to this section shall contain information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account. 750. (a) Any non-Federal entity receiving funds provided in this or any other appropriations Act for fiscal year 2023 that are specified in the disclosure table submitted in compliance with clause 9 of rule XXI of the Rules of the House of Representatives or Rule XLIV of the Standing Rules of the Senate that is included in the report or explanatory statement accompanying any such Act shall be deemed to be a recipient of a Federal award with respect to such funds for purposes of the requirements of 2 CFR 200.334, regarding records retention, and 2 CFR 200.337, regarding access by the Comptroller General of the United States. (b) Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any requirements otherwise applicable to non-Federal entities described in paragraph (1) or any existing authority of the Comptroller General. 751. Notwithstanding section 1346 of title 31, United States Code, or section 708 of this Act, funds made available by this or any other Act to any Federal agency may be used by that Federal agency for interagency funding for coordination with, participation in, or recommendations involving, activities of the U.S. Army Medical Research and Development Command, the Congressionally Directed Medical Research Programs and the National Institutes of Health research programs. 752. Section 3302 of title 5, United States Code, is amended— (1) by inserting (a) before The President ; (2) by striking Each officer and inserting the following: (b) Each officer ; and (3) by adding at the end the following: (c) (1) The authority of the President to prescribe rules governing the competitive service under this section shall not include the authority to except from the competitive service positions of a confidential, policy-determining, policy-making, or policy-advocating character that are not positions normally subject to change as a result of a Presidential transition. (2) In this subsection, the term positions normally subject to change as a result of a Presidential transition means— (A) any position that is a political position, as defined under section 4(a) of the Edward Ted Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 ( 5 U.S.C. 3101 note); or (B) any position in which the incumbent serves at the pleasure of the President or the head of an agency. (d) The Office of Personnel Management shall prescribe regulations for the exercise of any authority under this section. . 753. Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV or VIII shall not apply to such title IV or VIII. VIII GENERAL PROVISIONS—DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) 801. None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2023, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. 802. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause which provides exceptions for religious beliefs and moral convictions. 803. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 804. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2023 in this Act, shall remain available through September 30, 2024, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines outlined in section 801 of this Act. 805. (a) (1) During fiscal year 2024, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act. (2) The Act referred to in this paragraph is the Act of the Council of the District of Columbia pursuant to which a proposed budget is approved for fiscal year 2024 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia government for fiscal year 2024 for purposes of section 446 of the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code). (b) Appropriations made by subsection (a) shall cease to be available— (1) during any period in which a District of Columbia continuing resolution for fiscal year 2024 is in effect; or (2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2024. (c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act. (d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2024 for which this section applies to such project or activity. (e) This section shall not apply to a project or activity during any period of fiscal year 2024 if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law. 806. (a) Section 244 of the Revised Statutes of the United States relating to the District of Columbia (sec. 9–1201.03, D.C. Official Code) does not apply with respect to any railroads installed pursuant to the Long Bridge Project. (b) In this section, the term Long Bridge Project means the project carried out by the District of Columbia and the Commonwealth of Virginia to construct a new Long Bridge adjacent to the existing Long Bridge over the Potomac River, including related infrastructure and other related projects, to expand commuter and regional passenger rail service and to provide bike and pedestrian access crossings over the Potomac River. 807. Section 3 of the District of Columbia College Access Act of 1999 (sec. 38–2702, D.C. Official Code), is amended— (1) in subsection (a)(2)(A), by striking $10,000 and inserting $15,000 ; (2) in subsection (a)(2)(B), by striking $50,000 and inserting $75,000 ; (3) in subsection (b)(1)(A), by striking and at the end; (4) in subsection (b)(1), by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payment of each eligible student who receives more than $10,000 for the award year; and ; and (5) in subparagraph (C) of subsection (b)(1), as so redesignated, by striking subparagraph (A) and inserting subparagraphs (A) and (B) . 808. Not later than 45 days after the last day of each quarter, each Federal and District government agency appropriated Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each Federal funds appropriation provided in this Act, by the source year of the appropriation. 809. Except as expressly provided otherwise, any reference to this Act contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. This Act may be cited as the Financial Services and General Government Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4685is/xml/BILLS-117s4685is.xml |
117-s-4686 | II 117th CONGRESS 2d Session S. 4686 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF THE INTERIOR Bureau of land management MANAGEMENT OF LANDS AND RESOURCES For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 ( 16 U.S.C. 3150(a) ), $1,402,993,000, to remain available until September 30, 2024; of which $76,355,000 for annual maintenance and deferred maintenance programs and $156,600,000 for the wild horse and burro program, as authorized by Public Law 92–195 ( 16 U.S.C. 1331 et seq. ), shall remain available until expended: Provided, That amounts in the fee account of the BLM Permit Processing Improvement Fund may be used for any bureau-related expenses associated with the processing of oil and gas applications for permits to drill and related use of authorizations: Provided further, That of the amounts made available under this heading, up to $1,000,000 may be made available for the purposes described in section 122(e)(1)(A) of division G of Public Law 115–21 ( 43 U.S.C. 1748e(e)(1)(A) ): Provided further , That of the amounts made available under this heading, $3,500,000 is for projects specified for Land Management Priorities in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act. In addition, $51,000,000, to remain available until expended, is for conducting oil and gas inspection activities, to be reduced by amounts collected by the Bureau and credited to this appropriation from onshore oil and gas inspection fees that the Bureau shall collect, as provided for in this Act; and $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2023, so as to result in a final appropriation estimated at not more than $1,402,993,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $128,696,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 ( 43 U.S.C. 2605 ). RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act ( 43 U.S.C. 315b , 315m) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 ( 43 U.S.C. 1701 et seq. ), and under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), to remain available until expended: Provided, That notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 ( 43 U.S.C. 1735(a) ), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act ( 43 U.S.C. 1735(c) ), shall be available and may be expended under the authority of this Act by the Secretary of the Interior to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further, That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 ( 43 U.S.C. 1737 ), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act ( 43 U.S.C. 1721(b) ), to remain available until expended. ADMINISTRATIVE PROVISIONS The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements, and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public Law 90–620 ( 44 U.S.C. 501 ), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. United states fish and wildlife service RESOURCE MANAGEMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,602,847,000, to remain available until September 30, 2024: Provided, That not to exceed $25,946,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)): Provided further, That of the amount appropriated under this heading, $25,641,000, to remain available until September 30, 2025, shall be for projects specified for Stewardship Priorities in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated. CONSTRUCTION For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $46,418,000, to remain available until expended: Provided, That such amounts are available for the modernization of field communication capabilities, in addition to amounts otherwise made available for such purpose. COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ), $24,064,000, to remain available until expended, to be derived from the Cooperative Endangered Species Conservation Fund. NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of October 17, 1978 ( 16 U.S.C. 715s ), $13,228,000. NORTH AMERICAN WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. ), $48,500,000, to remain available until expended. NEOTROPICAL MIGRATORY BIRD CONSERVATION For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. ), $5,500,000, to remain available until expended. MULTINATIONAL SPECIES CONSERVATION FUND For expenses necessary to carry out the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. ), the Asian Elephant Conservation Act of 1997 ( 16 U.S.C. 4261 et seq. ), the Rhinoceros and Tiger Conservation Act of 1994 ( 16 U.S.C. 5301 et seq. ), the Great Ape Conservation Act of 2000 ( 16 U.S.C. 6301 et seq. ), and the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6601 et seq. ), $20,000,000, to remain available until expended. STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and Indian Tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $76,500,000, to remain available until expended: Provided, That of the amount provided herein, $7,000,000 is for a competitive grant program for Indian Tribes not subject to the remaining provisions of this appropriation: Provided further, That $8,500,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $15,500,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further, That the Secretary of the Interior shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further, That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further, That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further, That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further, That any amount apportioned in 2023 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2024, shall be reapportioned, together with funds appropriated in 2025, in the manner provided herein. ADMINISTRATIVE PROVISIONS The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed one dollar for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501 , the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft: Provided further, That the Secretary may recover costs for response, assessment, and damages to National Wildlife Refuge System resources from the actions of private parties, or for costs as otherwise provided by Federal, State, or local law, regulation, or court order as a result of the destruction, loss of, or injury to any living or non-living National Wildlife Refuge System resource: Provided further, That the damages described in the preceding proviso shall include the following: compensation for the cost of replacing, restoring or acquiring the equivalent of the damaged National Wildlife Refuge System resource; and either the value of any significant loss of use of a National Wildlife Refuge System resource pending its restoration, replacement or acquisition of an equivalent resource or the value of the National Wildlife Refuge System resource in the event the resource cannot be replaced, restored or an equivalent acquired: Provided further, That any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment or mechanism that destroys, causes the loss of, or injures any living or non-living National Wildlife Refuge System resource or which causes the Secretary to undertake actions to prevent, minimize, or abate destruction, loss of, injury, or risk to such resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, injury, or risk to the same extent as a person is liable: Provided further, That in addition to any other authority to accept donations, the Secretary may accept donations of money or services to meet expected, immediate, or ongoing response costs and damages; response and assessment costs and damages recovered by the Secretary and donations received under this provision shall be available to the Secretary, without further appropriation, and shall remain available until expended, for damage assessments conducted, or for restoration and replacement of National Wildlife Refuge System resources, and shall be managed under the Natural Resource Damage Assessment and Restoration Fund as per 43 U.S.C. 1474b–1: Provided further, That notwithstanding 31 U.S.C. 3302 , all fees collected for non-toxic shot review and approval shall be deposited under the heading United States Fish and Wildlife Service—Resource Management and shall be available to the Secretary, without further appropriation, to be used for expenses of processing of such non-toxic shot type or coating applications and revising regulations as necessary, and shall remain available until expended: Provided further, That the second proviso under the heading United States Fish and Wildlife Service—Resource Management in title I of division E of Public Law 112–74 ( 16 U.S.C. 742l–1 ) is amended by striking 2012 and inserting 2023 and striking $400,000 and inserting $750,000 . National park service OPERATION OF THE NATIONAL PARK SYSTEM For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $3,044,235,000, of which $11,661,000 for planning and interagency coordination in support of Everglades restoration and $135,980,000 for maintenance, repair, or rehabilitation projects for constructed assets and $188,184,000 for cyclic maintenance projects for constructed assets and cultural resources and $5,000,000 for uses authorized by section 101122 of title 54, United States Code shall remain available until September 30, 2024: Provided, That funds appropriated under this heading in this Act are available for the purposes of section 5 of Public Law 95–348 : Provided further, That notwithstanding section 9 of the 400 Years of African-American History Commission Act (36 U.S.C. note prec. 101; Public Law 115–102 ), $3,300,000 of the funds provided under this heading shall be made available for the purposes specified by that Act: Provided further, That sections (7)(b) and (8) of that Act shall be amended by striking July 1, 2023 and inserting July 1, 2024 . In addition, for purposes described in section 2404 of Public Law 116–9 , an amount equal to the amount deposited in this fiscal year into the National Park Medical Services Fund established pursuant to such section of such Act, to remain available until expended, shall be derived from such Fund. NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $85,428,000, to remain available until September 30, 2024, of which $2,919,000 shall be for projects specified for Statutory and Contractual Aid in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act. HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National Historic Preservation Act (division A of subtitle III of title 54, United States Code), $191,904,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2024, of which $26,500,000 shall be for Save America's Treasures grants for preservation of nationally significant sites, structures and artifacts as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 ( 54 U.S.C. 3089 ): Provided, That an individual Save America's Treasures grant shall be matched by non-Federal funds: Provided further, That individual projects shall only be eligible for one grant: Provided further, That all projects to be funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations: Provided further, That of the funds provided for the Historic Preservation Fund, $1,250,000 is for competitive grants for the survey and nomination of properties to the National Register of Historic Places and as National Historic Landmarks associated with communities currently under-represented, as determined by the Secretary; $29,000,000 is for competitive grants to preserve the sites and stories of the Civil Rights movement; $11,000,000 is for grants to Historically Black Colleges and Universities; $12,500,000 is for competitive grants for the restoration of historic properties of national, State, and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without imposing the usage or direct grant restrictions of section 101(e)(3) ( 54 U.S.C. 302904 ) of the National Historical Preservation Act; $10,000,000 is for a competitive grant program to honor the semiquincentennial anniversary of the United States by restoring and preserving state-owned sites and structures listed on the National Register of Historic Places that commemorate the founding of the nation; and $19,654,000 is for projects specified for the Historic Preservation Fund in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That such competitive grants shall be made without imposing the matching requirements in section 302902(b)(3) of title 54, United States Code to States and Indian Tribes as defined in chapter 3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and non-profit organizations. CONSTRUCTION For construction, improvements, repair, or replacement of physical facilities, and related equipment, and compliance and planning for programs and areas administered by the National Park Service, $241,229,000, to remain available until expended: Provided, That notwithstanding any other provision of law, for any project initially funded in fiscal year 2023 with a future phase indicated in the National Park Service 5-Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further, That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232–18: Provided further, That National Park Service Donations, Park Concessions Franchise Fees, and Recreation Fees may be made available for the cost of adjustments and changes within the original scope of effort for projects funded by the National Park Service Construction appropriation: Provided further, That the Secretary of the Interior shall consult with the Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized by this section. CENTENNIAL CHALLENGE For expenses necessary to carry out the provisions of section 101701 of title 54, United States Code, relating to challenge cost share agreements, $15,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided, That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) In addition to other uses set forth in section 101917(c)(2) of title 54, United States Code, franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 203 . Transfers may include a reasonable amount for FHWA administrative support costs. United states geological survey SURVEYS, INVESTIGATIONS, AND RESEARCH (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31 , 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program ( 30 U.S.C. 641 ); conduct inquiries into the economic conditions affecting mining and materials processing industries ( 30 U.S.C. 3 , 21a, and 1603; 50 U.S.C. 98g(a)(1) ) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,519,289,000, to remain available until September 30, 2024; of which $92,274,000 shall remain available until expended for satellite operations; and of which $74,840,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided, That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities: Provided further, That of the amount appropriated under this heading, $2,130,000 shall be for projects specified for Special Initiatives in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That amounts in the preceding proviso may be transferred to the appropriate program, project, or activity under this heading and shall continue to only be available for the purposes and in such amounts as such funds were originally appropriated. ADMINISTRATIVE PROVISIONS From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations, observation wells, and seismic equipment; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further, That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101 , for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau of ocean energy management OCEAN ENERGY MANAGEMENT For expenses necessary for granting and administering leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $232,550,000, of which $195,550,000 is to remain available until September 30, 2024, and of which $37,000,000 is to remain available until expended: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2023 appropriation estimated at not more than $195,550,000: Provided further, That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities. Bureau of safety and environmental enforcement OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT For expenses necessary for the regulation of operations related to leases, easements, rights-of-way, and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $175,886,000, of which $151,886,000 is to remain available until September 30, 2024, and of which $24,000,000 is to remain available until expended, including $5,000,000 for offshore decommissioning activities: Provided, That this total appropriation shall be reduced by amounts collected by the Secretary of the Interior and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2023 appropriation estimated at not more than $156,886,000. For an additional amount, $44,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2023, as provided in this Act: Provided, That to the extent that amounts realized from such inspection fees exceed $44,000,000, the amounts realized in excess of $44,000,000 shall be credited to this appropriation and remain available until expended: Provided further, That for fiscal year 2023, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), including the review of applications for permits to drill. OIL SPILL RESEARCH For necessary expenses to carry out title I, section 1016; title IV, sections 4202 and 4303; title VII; and title VIII, section 8201 of the Oil Pollution Act of 1990, $15,099,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of surface mining reclamation and enforcement REGULATION AND TECHNOLOGY For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $121,122,000, to remain available until September 30, 2024, of which $65,000,000 shall be available for State and Tribal regulatory grants: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and Tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 ( 30 U.S.C. 1257 ), $40,000, to remain available until expended: Provided, That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year, so as to result in a fiscal year 2023 appropriation estimated at not more than $121,122,000. ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $33,904,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365 , the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further, That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per diem expenses of State and Tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, $135,000,000, to remain available until expended, for grants to States and federally recognized Indian Tribes for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act: Provided, That such additional amount shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) ): Provided further, That of such additional amount, $84,000,000 shall be distributed in equal amounts to the three Appalachian States with the greatest amount of unfunded needs to meet the priorities described in paragraphs (1) and (2) of such section, $39,000,000 shall be distributed in equal amounts to the three Appalachian States with the subsequent greatest amount of unfunded needs to meet such priorities, and $12,000,000 shall be for grants to federally recognized Indian Tribes without regard to their status as certified or uncertified under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1233(a) ), for reclamation of abandoned mine lands and other related activities in accordance with the terms and conditions described in the explanatory statement accompanying this Act and shall be used for economic and community development in conjunction with the priorities in section 403(a) of the Surface Mining Control and Reclamation Act of 1977: Provided further, That such additional amount shall be allocated to States and Indian Tribes within 60 days after the date of enactment of this Act. Indian affairs Bureau of indian affairs OPERATION OF INDIAN PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 ) and the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 5301 et seq. ), $1,973,633,000, to remain available until September 30, 2024, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $77,994,000 shall be for welfare assistance payments: Provided, That in cases of designated Federal disasters, the Secretary of the Interior may exceed such cap for welfare payments from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further, That federally recognized Indian Tribes and Tribal organizations of federally recognized Indian Tribes may use their Tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $64,913,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That of the amount appropriated under this heading, $4,240,000 shall be for projects specified for Special Initiatives (CDS) in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That any forestry funds allocated to a federally recognized Tribe which remain unobligated as of September 30, 2024, may be transferred during fiscal year 2025 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder’s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire on September 30, 2025: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel: Provided further, That the Bureau of Indian Affairs may accept transfers of funds from United States Customs and Border Protection to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1) . INDIAN LAND CONSOLIDATION For the acquisition of fractional interests to further land consolidation as authorized under the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ), and the American Indian Probate Reform Act of 2004 ( Public Law 108–374 ), $8,000,000, to remain available until expended: Provided, That any provision of the Indian Land Consolidation Act Amendments of 2000 ( Public Law 106–462 ) that requires or otherwise relates to application of a lien shall not apply to the acquisitions funded herein. CONTRACT SUPPORT COSTS For payments to Tribes and Tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs and the Bureau of Indian Education for fiscal year 2023, such sums as may be necessary, which shall be available for obligation through September 30, 2024: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. PAYMENTS FOR TRIBAL LEASES For payments to Tribes and Tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) for fiscal year 2023, such sums as may be necessary, which shall be available for obligation through September 30, 2024: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. CONSTRUCTION (INCLUDING TRANSFER OF FUNDS) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483 ; $190,952,000, to remain available until expended: Provided, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further, That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 ( 25 U.S.C. 13 ), shall be made available on a nonreimbursable basis: Provided further, That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation: Provided further, That of the funds made available under this heading, $10,000,000 shall be derived from the Indian Irrigation Fund established by section 3211 of the WIIN Act ( Public Law 114–322 ; 130 Stat. 1749): Provided further, That amounts provided under this heading are available for the modernization of Federal field communication capabilities, in addition to amounts otherwise made available for such purpose. INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO INDIANS For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 114–322 and 116–260, and for implementation of other land and water rights settlements, $825,000, to remain available until expended. INDIAN GUARANTEED LOAN PROGRAM ACCOUNT For the cost of guaranteed loans and insured loans, $13,884,000, to remain available until September 30, 2024, of which $2,680,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $150,213,551. Bureau of indian education OPERATION OF INDIAN EDUCATION PROGRAMS For expenses necessary for the operation of Indian education programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 ), the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 5301 et seq. ), the Education Amendments of 1978 ( 25 U.S.C. 2001–2019 ), and the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ), $1,144,451,000 to remain available until September 30, 2024, except as otherwise provided herein: Provided, That federally recognized Indian Tribes and Tribal organizations of federally recognized Indian Tribes may use their Tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $848,425,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2023, and shall remain available until September 30, 2024: Provided further, That notwithstanding any other provision of law, including but not limited to the Indian Self–Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ) and section 1128 of the Education Amendments of 1978 ( 25 U.S.C. 2008 ), not to exceed $97,453,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with grants approved prior to July 1, 2023: Provided further, That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. EDUCATION CONSTRUCTION For construction, repair, improvement, and maintenance of buildings, utilities, and other facilities necessary for the operation of Indian education programs, including architectural and engineering services by contract; acquisition of lands, and interests in lands; $333,434,000 to remain available until expended: Provided, That in order to ensure timely completion of construction projects, the Secretary of the Interior may assume control of a project and all funds related to the project, if, not later than 18 months after the date of the enactment of this Act, any Public Law 100–297 ( 25 U.S.C. 2501 et seq. ) grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction. ADMINISTRATIVE PROVISIONS The Bureau of Indian Affairs and the Bureau of Indian Education may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding Public Law 87–279 ( 25 U.S.C. 15 ), the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs or the Bureau of Indian Education for central office oversight and Executive Direction and Administrative Services (except Executive Direction and Administrative Services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs or the Bureau of Indian Education under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 ( Public Law 103–413 ). In the event any Tribe returns appropriations made available by this Act to the Bureau of Indian Affairs or the Bureau of Indian Education, this action shall not diminish the Federal Government’s trust responsibility to that Tribe, or the government-to-government relationship between the United States and that Tribe, or that Tribe’s ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq. , shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Secretary of the Interior at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Secretary of the Interior may waive this prohibition to support expansion of up to one additional grade when the Secretary determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education, or more than one grade to expand the elementary grade structure for Bureau-funded schools with a K–2 grade structure on October 1, 1996. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau’s funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113 , if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301 , the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Funds available under this Act may not be used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, except that the Secretary may waive this prohibition in order for an Indian Tribe to provide language and cultural immersion educational programs for non-public schools located within the jurisdictional area of the Tribal government which exclusively serve Tribal members, do not include grades beyond those currently served at the existing Bureau-funded school, provide an educational environment with educator presence and academic facilities comparable to the Bureau-funded school, comply with all applicable Tribal, Federal, or State health and safety standards, and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts to students such as those caused by busing students extended distances: Provided, That no funds available under this Act may be used to fund operations, maintenance, rehabilitation, construction, or other facilities-related costs for such assets that are not owned by the Bureau: Provided further, That the term satellite school means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Funds made available for Tribal Priority Allocations within Operation of Indian Programs and Operation of Indian Education Programs may be used to execute requested adjustments in Tribal priority allocations initiated by an Indian Tribe. Office of the special trustee for american indians FEDERAL TRUST PROGRAMS (INCLUDING TRANSFER OF FUNDS) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $112,675,000, to remain available until expended, of which not to exceed $17,867,000 from this or any other Act, may be available for historical accounting: Provided, That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs, Operation of Indian Programs and Bureau of Indian Education, Operation of Indian Education Programs accounts; the Office of the Solicitor, Salaries and Expenses account; and the Office of the Secretary, Departmental Operations account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2023, as authorized by the Indian Self-Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ), shall remain available until expended by the contractor or grantee: Provided further, That notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 15 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further, That not to exceed $100,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claimant: Provided further, That notwithstanding section 102 of the American Indian Trust Fund Management Reform Act of 1994 ( Public Law 103–412 ) or any other provision of law, the Secretary may aggregate the trust accounts of individuals whose whereabouts are unknown for a continuous period of at least 5 years and shall not be required to generate periodic statements of performance for the individual accounts: Provided further, That with respect to the preceding proviso, the Secretary shall continue to maintain sufficient records to determine the balance of the individual accounts, including any accrued interest and income, and such funds shall remain available to the individual account holders. Departmental offices Office of the secretary DEPARTMENTAL OPERATIONS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for management of the Department of the Interior and for grants and cooperative agreements, as authorized by law, $135,000,000, to remain available until September 30, 2024; of which not to exceed $15,000 may be for official reception and representation expenses; of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $14,295,000 for Indian land, mineral, and resource valuation activities shall remain available until expended: Provided, That funds for Indian land, mineral, and resource valuation activities may, as needed, be transferred to and merged with the Bureau of Indian Affairs Operation of Indian Programs and Bureau of Indian Education Operation of Indian Education Programs accounts and the Office of the Special Trustee Federal Trust Programs account: Provided further, That funds made available through contracts or grants obligated during fiscal year 2023, as authorized by the Indian Self-Determination Act of 1975 ( 25 U.S.C. 5301 et seq. ), shall remain available until expended by the contractor or grantee. ADMINISTRATIVE PROVISIONS For fiscal year 2023, up to $400,000 of the payments authorized by chapter 69 of title 31, United States Code, may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That the amounts provided under this Act specifically for the Payments in Lieu of Taxes program are the only amounts available for payments authorized under chapter 69 of title 31, United States Code: Provided further, That in the event the sums appropriated for any fiscal year for payments pursuant to this chapter are insufficient to make the full payments authorized by that chapter to all units of local government, then the payment to each local government shall be made proportionally: Provided further, That the Secretary may make adjustments to payment to individual units of local government to correct for prior overpayments or underpayments: Provided further, That no payment shall be made pursuant to that chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100. Insular affairs ASSISTANCE TO TERRITORIES For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188 , $117,257,000, of which: (1) $107,040,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative and natural resources activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law ( 48 U.S.C. 1661(c) ); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands, as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands, as authorized by law ( Public Law 94–241 ; 90 Stat. 272); and (2) $10,217,000 shall be available until September 30, 2024, for salaries and expenses of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134 : Provided further, That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to timely maintenance of its capital assets: Provided further, That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non–Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ). COMPACT OF FREE ASSOCIATION For grants and necessary expenses, $8,463,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 and Public Law 108–188 : Provided, That of the funds appropriated under this heading, $6,000,000 is for deposit into the Compact Trust Fund of the Republic of the Marshall Islands as compensation authorized by Public Law 108–188 for adverse financial and economic impacts. Administrative provisions (INCLUDING TRANSFER OF FUNDS) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134 , that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office of the solicitor SALARIES AND EXPENSES For necessary expenses of the Office of the Solicitor, $102,050,000, to remain available until September 30, 2024. Office of inspector general SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General, $68,000,000, to remain available until September 30, 2024. Department-Wide programs WILDLAND FIRE MANAGEMENT (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, fuels management activities, and rural fire assistance by the Department of the Interior, $1,163,286,000, to remain available until expended, of which not to exceed $10,000,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further, That of the funds provided $267,000,000 is for fuels management activities: Provided further, That of the funds provided $20,470,000 is for burned area rehabilitation: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d , sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq. , protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for fuels management activities, and for training and monitoring associated with such fuels management activities on Federal land, or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps ( Public Law 109–154 ), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000 between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations: Provided further, That of the funds provided under this heading $383,657,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of the Interior—Department-Wide Programs—Wildland Fire Management for wildfire suppression operations, $340,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided, That such amounts may be transferred to and merged with amounts made available under the headings Department of Agriculture—Forest Service—Wildland Fire Management and Department of the Interior—Department-Wide Programs—Wildland Fire Management for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the Wildland Fire Management accounts in the Department of Agriculture or the Department of the Interior only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading Wildland Fire Management in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. CENTRAL HAZARDOUS MATERIALS FUND For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), $10,064,000, to remain available until expended. ENERGY COMMUNITY REVITALIZATION PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of the Interior to inventory, assess, decommission, reclaim, respond to hazardous substance releases, remediate lands pursuant to section 40704 of Public Law 117–58 ( 30 U.S.C. 1245 ), and carry out the purposes of section 349 of the Energy Policy Act of 2005 ( 42 U.S.C. 15907 ), as amended, $20,000,000, to remain available until expended: Provided, That such amount shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts appropriated under this heading are available for program management and oversight of these activities: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department to carry out such purposes, and may expend such funds directly, or through grants: Provided further, That these amounts are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed. NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION NATURAL RESOURCE DAMAGE ASSESSMENT FUND To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 et seq. ), and 54 U.S.C. 100721 et seq. , $8,059,000, to remain available until expended. WORKING CAPITAL FUND For the operation and maintenance of a departmental financial and business management system, data management, information technology improvements of general benefit to the Department, cybersecurity, and the consolidation of facilities and operations throughout the Department, $112,198,000, to remain available until expended: Provided, That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That the Secretary of the Interior may assess reasonable charges to State, local, and Tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93–638 : Provided further, That the Secretary may lease or otherwise provide space and related facilities, equipment, or professional services of the National Indian Program Training Center to State, local and Tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. ADMINISTRATIVE PROVISION There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase, or through available excess surplus property: Provided, That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. OFFICE OF NATURAL RESOURCES REVENUE For necessary expenses for management of the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $174,977,000, to remain available until September 30, 2024; of which $69,751,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary of the Interior concurred with the claimed refund due, to pay amounts owed to Indian allottees or Tribes, or to correct prior unrecoverable erroneous payments. General provisions, department of the interior (INCLUDING TRANSFERS OF FUNDS) EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 102. The Secretary of the Interior may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 ( 7 U.S.C. 7717(b) ); for emergency reclamation projects under section 410 of Public Law 95–87 ; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, with such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further, That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for wildland fire suppression shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible: Provided further, That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. AUTHORIZED USE OF FUNDS 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary of the Interior, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. The Secretary shall notify the House and Senate Committees on Appropriations within 60 days of the expenditure or transfer of any funds under this section, including the amount expended or transferred and how the funds will be used. REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including Tribal base funds, to alleviate Tribal funding inequities by transferring funds to address identified, unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No Tribe shall receive a reduction in Tribal Priority Allocation funds of more than 10 percent in fiscal year 2023. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. ELLIS, GOVERNORS, AND LIBERTY ISLANDS 106. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein, including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts, or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable: Provided, That for the purposes of 54 U.S.C. 200306(a) , such lands, waters, or interests therein shall be considered to be within the exterior boundary of a System unit authorized or established. OUTER CONTINENTAL SHELF INSPECTION FEES 107. (a) In fiscal year 2023, the Secretary of the Interior shall collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c) . (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2023 shall be— (1) $11,725 for facilities with no wells, but with processing equipment or gathering lines; (2) $18,984 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $35,176 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees shall be assessed for facilities that are above the waterline, excluding drilling rigs, and require follow-up inspections. Fees for fiscal year 2023 shall be— (1) $5,863 for facilities with no wells, but with processing or gathering lines; (2) $9,492 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $17,588 for facilities with more than 10 wells, with any combination of active or inactive wells. (d) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2023. Fees for fiscal year 2023 shall be— (1) $34,059 per inspection for rigs operating in water depths of 500 feet or more; and (2) $18,649 per inspection for rigs operating in water depths of less than 500 feet. (e) Fees for inspection of well operations conducted via non-rig units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be assessed for all inspections completed in fiscal year 2023. Fees for fiscal year 2023 shall be— (1) $13,260 per inspection for non-rig units operating in water depths of 2,500 feet or more; (2) $11,530 per inspection for non-rig units operating in water depths between 500 and 2,499 feet; and (3) $4,470 per inspection for non-rig units operating in water depths of less than 500 feet. (f) The Secretary shall bill designated operators under subsection (b) quarterly, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsections (c) and (d) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (e) with payment required by the end of the following quarter. CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING FACILITIES 108. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 3903 of title 41, United States Code (except that the 5-year term restriction in subsection (a) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. MASS MARKING OF SALMONIDS 109. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS 110. Notwithstanding any other provision of law, during fiscal year 2023, in carrying out work involving cooperation with State, local, and Tribal governments or any political subdivision thereof, Indian Affairs may record obligations against accounts receivable from any such entities, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available at the end of the fiscal year. DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM 111. (a) Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 1965 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Secretary and consistent with such provisions of law. (b) Prior to awarding any grant or agreement under subsection (a), the Secretary shall ensure that the agreement would not— (1) result in the displacement of individuals currently employed by the Department, including partial displacement through reduction of non-overtime hours, wages, or employment benefits; (2) result in the use of an individual under the Department of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff status from the same or substantially equivalent job within the Department; or (3) affect existing contracts for services. OBLIGATION OF FUNDS 112. Amounts appropriated by this Act to the Department of the Interior shall be available for obligation and expenditure not later than 60 days after the date of enactment of this Act. SEPARATION OF ACCOUNTS 113. The Secretary of the Interior, in order to implement an orderly transition to separate accounts of the Bureau of Indian Affairs and the Bureau of Indian Education, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in this Act. PAYMENTS IN LIEU OF TAXES (PILT) 114. Section 6906 of title 31, United States Code, shall be applied by substituting fiscal year 2023 for fiscal year 2019 . DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE APPROVAL 115. (a) Subject to subsection (b), in any case in which the Bureau of Safety and Environmental Enforcement or the Bureau of Ocean Energy Management prescribes or approves any departure or use of alternate procedure or equipment, in regards to a plan or permit, under 30 CFR 585.103; 30 CFR 550.141; 30 CFR 550.142; 30 CFR 250.141; or 30 CFR 250.142, the head of such bureau shall post a description of such departure or alternate procedure or equipment use approval on such bureau’s publicly available website not more than 15 business days after such issuance. (b) The head of each bureau may exclude confidential business information. INTERAGENCY MOTOR POOL 116. Notwithstanding any other provision of law or Federal regulation, federally recognized Indian Tribes or authorized Tribal organizations that receive Tribally-Controlled School Grants pursuant to Public Law 100–297 may obtain interagency motor vehicles and related services for performance of any activities carried out under such grants to the same extent as if they were contracting under the Indian Self-Determination and Education Assistance Act. DELAWARE WATER GAP AUTHORITY 117. Section 4(b) of The Delaware Water Gap National Recreation Area Improvement Act, as amended by section 1 of Public Law 115–101 , shall be applied by substituting 2023 for 2021 . NATIONAL HERITAGE AREAS AND CORRIDORS 118. (a) Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 (title I of Public Law 103–449 ), is amended by striking $17,000,000 and inserting $19,000,000 . (b) Section 409(a) of the Steel Industry American Heritage Area Act of 1996 (title IV of division II of Public Law 104–333 ) is amended by striking $20,000,000 and inserting $22,000,000 . (c) Section 608(a) of the South Carolina National Heritage Corridor Act of 1996 (title VI of division II of Public Law 104–333 ) is amended by striking $17,000,000 and inserting $19,000,000 . (d) Subsection 157(h)(1) of the Wheeling National Heritage Area Act of 2000 (section 157 of Public Law 106–291 ) is amended by striking $15,000,000 and inserting $17,000,000 . (e) Sections 411, 432, and 451 of title IV of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ), are each amended by striking the date that is 15 years after the date of and all that follows through the end of each section and inserting September 30, 2024. . (f) Section 512 of the National Aviation Heritage Area Act (title V of division J of Public Law 108–447 ), is amended by striking 2022 and inserting 2024 . (g) Section 608 of the Oil Region National Heritage Area Act (title VI of Public Law 108–447 ) is amended by striking 2022 and inserting 2024 . (h) Section 125(a) of Public Law 98–398 , as amended by section 402 of Public Law 109–338 (120 Stat. 1853), is amended by striking $10,000,000 and inserting $12,000,000 . APPRAISER PAY AUTHORITY 119. For fiscal year 2023, funds made available in this or any other Act or otherwise made available to the Department of the Interior for the Appraisal and Valuation Services Office may be used by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Appraiser (GS–1171) job series at grades 11 through 15 carrying out appraisals of real property and appraisal reviews conducted in support of the Department’s realty programs at rates no greater than 15 percent above the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with subsections (e) through (h) of section 5305 of title 5, United States Code. ONSHORE OIL AND GAS INSPECTION FEE 120. (a) Onshore Oil and Gas Inspection Fees The designated operator under each oil and gas lease on Federal or Indian lands, or under each unit and communitization agreement that includes one or more such Federal or Indian leases, that is subject to inspection under section 108(b) of the Federal Oil and Gas Royalty Management Act of 1982 ( 30 U.S.C. 1718(b) ) and that is in force at the start of fiscal year 2022 shall pay a nonrefundable annual inspection fee that the Bureau of Land Management (BLM) shall collect and deposit in the Management of Lands and Resources account. (b) Fees for fiscal year 2023 shall be— (1) $1,560 for each lease or unit or communitization agreement with 1 to 10 wells, with any combination of active or inactive wells; (2) $7,000 for each lease or unit or communitization agreement with 11 to 50 wells, with any combination of active or inactive wells; and (3) $14,000 for each lease or unit or communitization agreement with more than 50 wells, with any combination of active or inactive wells. (c) BLM shall bill designated operators within 60 days of enactment of this Act, with payment required within 30 days of billing. (d) Penalty If the designated operator fails to pay the full amount of the fee as prescribed in this section, the Secretary may, in addition to utilizing any other applicable enforcement authority, assess civil penalties against the operator in the same manner as if this section were a mineral leasing law as defined in paragraph (8) of section 3 of Public Law 97–451 ( 30 U.S.C. 1702(8) ), as amended. (e) Exemption for Tribal operators An operator that is a Tribe or is controlled by a Tribe is not subject to subsection (a) with respect to a lease, unit, or communitization agreement that is located entirely on the lands of such Tribe. DECOMMISSIONING ACCOUNT 121. The fifth and sixth provisos under the amended heading Royalty and Offshore Minerals Management for the Minerals Management Service in Public Law 101–512 (104 Stat. 1926, as amended) ( 43 U.S.C. 1338a ) are further amended by striking and replacing them with— Provided further, That notwithstanding section 3302 of title 31, any moneys hereafter received as a result of the forfeiture of a bond or other security by an Outer Continental Shelf permittee, lessee, or right-of-way holder that does not fulfill the requirements of its permit, lease, or right-of-way or does not comply with the regulations of the Secretary, or as a bankruptcy distribution or settlement associated with such failure or noncompliance, shall be credited to a separate account established in the Treasury for decommissioning activities and shall be available to the Bureau of Ocean Energy Management without further appropriation or fiscal year limitation to cover the cost to the United States of any improvement, protection, rehabilitation, or decommissioning work rendered necessary by the action or inaction that led to the forfeiture or bankruptcy distribution or settlement, to remain available until expended: Provided further, That amounts deposited into the decommissioning account may be allocated to the Bureau of Safety and Environmental Enforcement for such costs: Provided further, That any moneys received for such costs currently held in the Ocean Energy Management account shall be transferred to the decommissioning account: Provided further, That any portion of the moneys so credited shall be returned to the bankruptcy estate, permittee, lessee, or right-of-way holder to the extent that the money is in excess of the amount expended in performing the work necessitated by the action or inaction which led to their receipt or, if the bond or security was forfeited for failure to pay the civil penalty, in excess of the civil penalty imposed. . STATE CONSERVATION GRANTS 122. For expenses necessary to carry out section 200305 of title 54, United States Code, the National Park Service may retain up to 7 percent of the State Conservation Grants program to provide to States, the District of Columbia, and insular areas, as matching grants to support state program administrative costs. LOWELL NATIONAL HISTORIC PARK 123. Section 103(a) of Public Law 95–290 ( 16 U.S.C. 410cc–13(a) ; 92 Stat. 292) is amended by striking paragraph (1) and redesignating paragraph (2) as paragraph (1). VISITOR EXPERIENCE IMPROVEMENT AUTHORITY 124. Section 101938 of title 54, United States Code, is amended by striking 7 and inserting 9 . BORDER MITIGATION 125. The Secretary of the Interior is authorized to accept transfers of funds from the Secretary of Homeland Security for mitigation activities, including land acquisition, related to construction of border barriers on Federal lands and to supplement any other funding available for reconstruction or repair of roads owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23 U.S.C. 202(b)(1) . II ENVIRONMENTAL PROTECTION AGENCY Science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; hire, maintenance, and operation of aircraft; and other operating expenses in support of research and development, $853,388,000, to remain available until September 30, 2024: Provided, That of the funds included under this heading, $22,751,000 shall be for Research: National Priorities as specified in the explanatory statement accompanying this Act, of which $13,251,000 shall be for projects specified for Science and Technology in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act. Environmental programs and management For environmental programs and management, including necessary expenses not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; implementation of a coal combustion residual permit program under section 2301 of the Water and Waste Act of 2016; and not to exceed $9,000 for official reception and representation expenses, $3,577,153,000, to remain available until September 30, 2024: Provided, That funds included under this heading may be used for environmental justice implementation and training grants, and associated program support costs: Provided further, That of the funds included under this heading— (1) $30,700,000 shall be for Environmental Protection: National Priorities as specified in the explanatory statement accompanying this Act; (2) $617,069,000 shall be for Geographic Programs as specified in the explanatory statement accompanying this Act; and (3) $11,000,000, to remain available until expended, shall be for grants, including grants that may be awarded on a non-competitive basis, interagency agreements, and associated program support costs to establish and implement a program to assist Alaska Native Regional Corporations, Alaskan Native Villages, and intertribal consortia comprised of Alaskan Native Villages to address contamination on lands conveyed under or pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) that were or are contaminated at the time of conveyance and are on an inventory of such lands developed and maintained by the State of Alaska, of which up to $1,000,000 shall be for grants to the State of Alaska for development and maintenance of such inventory of such lands, of which not more than 15 percent may be used for administrative and other overhead expenses of the State of Alaska: Provided , That grants awarded using funds made available in this paragraph may be used by a recipient to supplement other funds provided by the Environmental Protection Agency through individual media or multi-media grants or cooperative agreements: Provided further , That of the amounts made available in this paragraph, in addition to amounts otherwise available for such purposes, the Environmental Protection Agency may reserve up to $2,000,000 for salaries, expenses, and administration. In addition, $9,000,000, to remain available until expended, for necessary expenses of activities described in section 26(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2625(b)(1) ): Provided, That fees collected pursuant to that section of that Act and deposited in the TSCA Service Fee Fund as discretionary offsetting receipts in fiscal year 2023 shall be retained and used for necessary salaries and expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated in this paragraph from the general fund for fiscal year 2023 shall be reduced by the amount of discretionary offsetting receipts received during fiscal year 2023, so as to result in a final fiscal year 2023 appropriation from the general fund estimated at not more than $0: Provided further, That to the extent that amounts realized from such receipts exceed $9,000,000, those amount in excess of $9,000,000 shall be deposited in the TSCA Service Fee Fund as discretionary offsetting receipts in fiscal year 2023, shall be retained and used for necessary salaries and expenses in this account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this heading, the Chemical Risk Review and Reduction program project shall be allocated for this fiscal year, excluding the amount of any fees appropriated, not less than the amount of appropriations for that program project for fiscal year 2014. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $49,754,000, to remain available until September 30, 2024. Buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $59,572,000, to remain available until expended. Hazardous substance superfund (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) ( 42 U.S.C. 9611 ), and hire, maintenance, and operation of aircraft, $1,294,312,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2022, and not otherwise appropriated from the Trust Fund, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,294,312,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $12,062,000 shall be paid to the Office of Inspector General appropriation to remain available until September 30, 2024, and $31,368,000 shall be paid to the Science and Technology appropriation to remain available until September 30, 2024. Leaking underground storage tank trust fund program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $93,814,000, to remain available until expended, of which $67,145,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $26,669,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided, That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian Tribes for the development and implementation of programs to manage underground storage tanks. Inland oil spill programs For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, including hire, maintenance, and operation of aircraft, $26,502,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $4,612,141,000, to remain available until expended, of which— (1) $1,688,847,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $1,176,095,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $335,606,000 of the funds made available for capitalization grants for the Clean Water State Revolving Funds and $229,610,000 of the funds made available for capitalization grants for the Drinking Water State Revolving Funds shall be for the construction of drinking water, wastewater, and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act for projects specified for STAG—Drinking Water SRF , STAG—Clean Water SRF , and STAG—Drinking Water SRF; Clean Water SRF in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act, and, for purposes of these grants, each grantee shall contribute not less than 20 percent of the cost of the project unless the grantee is approved for a waiver by the Agency: Provided further, That for fiscal year 2023, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, not less than 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That for fiscal year 2023, funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That the Administrator is authorized to use up to $1,500,000 of funds made available for the Clean Water State Revolving Funds under this heading under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 ) to conduct the Clean Watersheds Needs Survey: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2023 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2023, notwithstanding the provisions of subsections (g)(1), (h), and (l) of section 201 of the Federal Water Pollution Control Act, grants made under title II of such Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, the United States Virgin Islands, and the District of Columbia may also be made for the purpose of providing assistance: (A) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (B) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2023, notwithstanding the provisions of such subsections (g)(1), (h), and (l) of section 201 and section 518(c) of the Federal Water Pollution Control Act, funds reserved by the Administrator for grants under section 518(c) of the Federal Water Pollution Control Act may also be used to provide assistance: (A) solely for facility plans, design activities, or plans, specifications, and estimates for any proposed project for the construction of treatment works; and (B) for the construction, repair, or replacement of privately owned treatment works serving one or more principal residences or small commercial establishments: Provided further, That for fiscal year 2023, notwithstanding any provision of the Federal Water Pollution Control Act and regulations issued pursuant thereof, up to a total of $2,000,000 of the funds reserved by the Administrator for grants under section 518(c) of such Act may also be used for grants for training, technical assistance, and educational programs relating to the operation and management of the treatment works specified in section 518(c) of such Act: Provided further, That for fiscal year 2023, funds reserved under section 518(c) of such Act shall be available for grants only to Indian Tribes, as defined in section 518(h) of such Act and former Indian reservations in Oklahoma (as determined by the Secretary of the Interior) and Native Villages as defined in Public Law 92–203 : Provided further, That for fiscal year 2023, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further, That for fiscal year 2023, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further, That for fiscal year 2023, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further, That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 14 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act, or where such debt was incurred prior to the date of enactment of this Act if the State, with concurrence from the Administrator, determines that such funds could be used to help address a threat to public health from heightened exposure to lead in drinking water or if a Federal or State emergency declaration has been issued due to a threat to public health from heightened exposure to lead in a municipal drinking water supply before the date of enactment of this Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more than 14 percent of the funds made available under this title to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients: Provided further, That notwithstanding section 1452(o) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(o) ), the Administrator shall reserve $12,000,000 of the amounts made available for fiscal year 2023 for making capitalization grants for the Drinking Water State Revolving Funds to pay the costs of monitoring for unregulated contaminants under section 1445(a)(2)(C) of such Act: Provided further, That, in addition to amounts otherwise available for such purposes, the Administrator may reserve up to $20,000,000 of the funds appropriated under this heading for capitalization grants for the State Revolving Funds for salaries, expenses, and administration for grants for projects specified for STAG—Drinking Water SRF , STAG—Clean Water SRF , and STAG—Drinking Water SRF; Clean Water SRF in both the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act and in the table titled Interior and Environment Incorporation of Community Project Funding Items/Congressionally Directed Spending Items included in the explanatory statement described in section 4 (in the matter preceding division A of Public Law 117–103 ): Provided further, That of the unobligated balances from amounts made available under this heading prior to fiscal year 2012 for the administration, management, and oversight of special project grants or special needs infrastructure grants , $10,700,000 shall, hereafter, in addition to amounts otherwise available for such purposes, also be available for salaries, expenses, and administration of Community Project Funding Items/Congressionally Directed Spending Items, including such salaries, expenses, and administration for grants for projects described in the preceding proviso; (2) $37,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission: Provided, That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $45,186,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided, That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 ) or the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq. ) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $95,987,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That at least 10 percent shall be allocated for assistance in persistent poverty counties: Provided further, That for purposes of this section, the term persistent poverty counties means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1993 Small Area Income and Poverty Estimates, the 2000 decennial census, and the most recent Small Area Income and Poverty Estimates, or any territory or possession of the United States; (5) $96,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $61,927,000 shall be for targeted airshed grants in accordance with the terms and conditions in the explanatory statement accompanying this Act; (7) $31,158,000 shall be for grants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act ( 42 U.S.C. 300j–19a ); (8) $31,500,000 shall be for grants under section 1464(d) of the Safe Drinking Water Act ( 42 U.S.C. 300j–24(d) ); (9) $26,011,000 shall be for grants under section 1459B of the Safe Drinking Water Act ( 42 U.S.C. 300j–19b ); (10) $7,000,000 shall be for grants under section 1459A(l) of the Safe Drinking Water Act (42 U.S.C. 300j–19a(l)); (11) $24,000,000 shall be for grants under section 104(b)(8) of the Federal Water Pollution Control Act ( 33 U.S.C. 1254(b)(8) ); (12) $51,000,000 shall be for grants under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 ); (13) $6,000,000 shall be for grants under section 4304(b) of the America’s Water Infrastructure Act of 2018 ( Public Law 115–270 ); (14) $10,000,000 shall be for carrying out section 302(a) of the Save Our Seas 2.0 Act ( 33 U.S.C. 4283(a) ), of which not more than 2 percent shall be for administrative costs to carry out such section: Provided , That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to intertribal consortia consistent with the requirements in 40 CFR 35.504(a), to former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaska Native Villages as defined in Public Law 92–203 ; (15) $10,000,000 shall be for grants under section 103(b)(3) of the Clean Air Act for wildfire smoke preparedness grants in accordance with the terms and conditions in the explanatory statement accompanying this Act: Provided , That not more than 3 percent shall be for administrative costs to carry out such section; (16) $8,000,000 shall be for carrying out section 2001 of the America’s Water Infrastructure Act of 2018 ( Public Law 115–270 , 42 U.S.C. 300j–3c note): Provided , That the Administrator may award grants to and enter into contracts with Tribes, intertribal consortia, public or private agencies, institutions, organizations, and individuals, without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41, United States Code, and enter into interagency agreements, as appropriate; (17) $5,000,000 shall be for grants under section 220 of the Federal Water Pollution Control Act ( 33 U.S.C. 1300 ); (18) $1,184,457,000 shall be for grants, including associated program support costs, to States, federally recognized Tribes, interstate agencies, Tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement, and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134 , and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, and under section 2301 of the Water and Waste Act of 2016 to assist States in developing and implementing programs for control of coal combustion residuals, of which: $47,195,000 shall be for carrying out section 128 of CERCLA; $10,336,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,505,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading Leaking Underground Storage Tank Trust Fund Program to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $18,512,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs; and (19) $16,973,000 shall be for State and Tribal Assistance Grants to be allocated in the amounts specified for those projects and for the purposes delineated in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act for remediation, construction, and related environmental management activities in accordance with the terms and conditions specified for such grants in the explanatory statement accompanying this Act. Water infrastructure finance and innovation program account For the cost of direct loans and for the cost of guaranteed loans, as authorized by the Water Infrastructure Finance and Innovation Act of 2014, $66,886,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans, including capitalized interest, and total loan principal, including capitalized interest, any part of which is to be guaranteed, not to exceed $12,500,000,000: Provided further, That of the funds made available under this heading, $5,000,000 shall be used solely for the cost of direct loans and for the cost of guaranteed loans for projects described in section 5026(9) of the Water Infrastructure Finance and Innovation Act of 2014 to State infrastructure financing authorities, as authorized by section 5033(e) of such Act: Provided further, That the use of direct loans or loan guarantee authority under this heading for direct loans or commitments to guarantee loans for any project shall be in accordance with the criteria published in the Federal Register on June 30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading Water Infrastructure Finance and Innovation Program Account in division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided further, That none of the direct loans or loan guarantee authority made available under this heading shall be available for any project unless the Administrator and the Director of the Office of Management and Budget have certified in advance in writing that the direct loan or loan guarantee, as applicable, and the project comply with the criteria referenced in the previous proviso: Provided further, That, for the purposes of carrying out the Congressional Budget Act of 1974, the Director of the Congressional Budget Office may request, and the Administrator shall promptly provide, documentation and information relating to a project identified in a Letter of Interest submitted to the Administrator pursuant to a Notice of Funding Availability for applications for credit assistance under the Water Infrastructure Finance and Innovation Act Program, including with respect to a project that was initiated or completed before the date of enactment of this Act. In addition, fees authorized to be collected pursuant to sections 5029 and 5030 of the Water Infrastructure Finance and Innovation Act of 2014 shall be deposited in this account, to remain available until expended. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, $7,640,000, to remain available until September 30, 2024. Administrative provisions—Environmental protection agency (INCLUDING TRANSFERS OF FUNDS) For fiscal year 2023, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency’s function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable Tribal program, may award cooperative agreements to federally recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w–8 ), to remain available until expended. Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 U.S.C. 136w–8(d)(2) ), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA ( 7 U.S.C. 136w–8 ) for fiscal year 2023. The Administrator of the Environmental Protection Agency is authorized to collect and obligate fees in accordance with section 3024 of the Solid Waste Disposal Act ( 42 U.S.C. 6939g ) for fiscal year 2023, to remain available until expended. The Administrator is authorized to transfer up to $358,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading Environmental Programs and Management to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities, provided that the cost does not exceed $150,000 per project. For fiscal year 2023, and notwithstanding section 518(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1377(f) ), the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of the Act to make grants to Indian Tribes pursuant to sections 319(h) and 518(e) of that Act. The Administrator is authorized to use the amounts appropriated under the heading Environmental Programs and Management for fiscal year 2023 to provide grants to implement the Southeastern New England Watershed Restoration Program. Notwithstanding the limitations on amounts in section 320(i)(2)(B) of the Federal Water Pollution Control Act, not less than $2,000,000 of the funds made available under this title for the National Estuary Program shall be for making competitive awards described in section 320(g)(4). Section 122(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9622(b)(3) ), shall be applied by inserting before the period: , including for the hire, maintenance, and operation of aircraft . The Environmental Protection Agency Working Capital Fund, established by Public Law 104–204 ( 42 U.S.C. 4370e ), is available for expenses and equipment necessary for modernization and development of information technology of, or for use by, the Environmental Protection Agency. For fiscal years 2023 through 2027, the Office of Chemical Safety and Pollution Prevention and the Office of Water may, using funds appropriated under the headings Environmental Programs and Management and Science and Technology , contract directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5 , for the temporary or intermittent personal services of students or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purpose: Provided, That amounts used for this purpose by the Office of Chemical Safety and Pollution Prevention and the Office of Water collectively may not exceed $2,000,000. For this fiscal year and each fiscal year thereafter, the Administrator may, after consultation with the Office of Personnel Management, employ up to 75 persons at any one time in the Office of Research and Development and 25 persons at any one time in the Office of Chemical Safety and Pollution Prevention under the authority provided in 42 U.S.C. 209 . The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 ( Public Law 109–54 ) is amended by striking the last proviso in the first paragraph under the heading Environmental Protection Agency—State and Tribal Assistance Grants . III RELATED AGENCIES DEPARTMENT OF AGRICULTURE OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $1,000,000: Provided, That funds made available by this Act to any agency in the Natural Resources and Environment mission area for salaries and expenses are available to fund up to one administrative support staff for the office. Forest service FOREST SERVICE OPERATIONS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $1,112,652,000, to remain available through September 30, 2026: Provided, That a portion of the funds made available under this heading shall be for the base salary and expenses of employees in the Chief’s Office, the Work Environment and Performance Office, the Business Operations Deputy Area, and the Chief Financial Officer’s Office to carry out administrative and general management support functions: Provided further, That funds provided under this heading shall be available for the costs of facility maintenance, repairs, and leases for buildings and sites where these administrative, general management and other Forest Service support functions take place; the costs of all utility and telecommunication expenses of the Forest Service, as well as business services; and, for information technology, including cyber security requirements: Provided further, That funds provided under this heading may be used for necessary expenses to carry out administrative and general management support functions of the Forest Service not otherwise provided for and necessary for its operation. FOREST AND RANGELAND RESEARCH For necessary expenses of forest and rangeland research as authorized by law, $302,773,000, to remain available through September 30, 2026: Provided, That of the funds provided, $27,197,000 is for the forest inventory and analysis program: Provided further, That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research. STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, including for invasive plants, and conducting an international program and trade compliance activities as authorized, $323,227,000, to remain available through September 30, 2026, as authorized by law, of which $24,636,000 shall be for projects specified for Forest Resource Information and Analysis in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act. NATIONAL FOREST SYSTEM (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, and for hazardous fuels management on or adjacent to such lands, $1,899,749,000, to remain available through September 30, 2026: Provided, That of the funds provided, $28,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f) : Provided further, That for the funds provided in the preceding proviso, section 4003(d)(3)(A) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(d)(3)(A) ) shall be applied by substituting 20 for 10 and section 4003(d)(3)(B) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(d)(3)(B) ) shall be applied by substituting 4 for 2 : Provided further, That of the funds provided, $38,000,000 shall be for forest products: Provided further, That any unobligated balances of amounts made available for hazardous fuels management under this heading in prior Acts may be transferred to Forest Service—Wildland Fire Management to be used for the purposes provided therein: Provided further, That notwithstanding section 33 of the Bankhead Jones Farm Tenant Act ( 7 U.S.C. 1012 ), the Secretary of Agriculture, in calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that the amount credited shall remain available to the Grazing Association or the direct permittee, as appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the project for conservation practices approved by the Secretary: Provided further, That funds appropriated to this account shall be available for the base salary and expenses of employees that carry out the functions funded by the Capital Improvement and Maintenance account, the Range Betterment Fund account, and the Management of National Forest Lands for Subsistence Uses account. Capital improvement and maintenance (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Forest Service, not otherwise provided for, $155,048,000, to remain available through September 30, 2026, for construction, capital improvement, maintenance, and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, and decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That $5,000,000 shall be for activities authorized by 16 U.S.C. 538(a) : Provided further, That $5,048,000 shall be for projects specified for Construction Projects in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That funds becoming available in fiscal year 2023 under the Act of March 4, 1913 ( 16 U.S.C. 501 ) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated. ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California; and the Ozark-St. Francis and Ouachita National Forests, Arkansas; as authorized by law, $664,000, to be derived from forest receipts. ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 ( 16 U.S.C. 484a ), to remain available through September 30, 2026, (16 U.S.C. 516–617a, 555a; Public Law 96–586 ; Public Law 76–589 , Public Law 76–591 ; and Public Law 78–310 ). RANGE BETTERMENT FUND For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579 , to remain available through September 30, 2026, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH For expenses authorized by 16 U.S.C. 1643(b) , $45,000, to remain available through September 30, 2026, to be derived from the fund established pursuant to the above Act. MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3111 et seq. ), $1,099,000, to remain available through September 30, 2026. WILDLAND FIRE MANAGEMENT For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency wildland fire suppression on or adjacent to such lands or other lands under fire protection agreement, fuels management on or adjacent to such lands, and for emergency rehabilitation of burned-over National Forest System lands and water, $2,604,659,000, to remain available until expended: Provided, That such funds, including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further, That funds provided shall be available for support to Federal emergency response: Provided further, That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That of the funds provided, $247,388,000 shall be for fuels management activities, of which not to exceed $20,000,000 may be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That funds made available in the preceding proviso to implement the Community Forest Restoration Act, Public Law 106–393 , title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the State and Private Forestry appropriation: Provided further, That of the funds provided under this heading, $20,000,000 may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities, and for training or monitoring associated with such hazardous fuels management activities on Federal land, or on non-Federal land if the Secretary determines such activities benefit resources on Federal land: Provided further, That of the funds provided under this heading, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND (INCLUDING TRANSFERS OF FUNDS) In addition to the amounts provided under the heading Department of Agriculture—Forest Service—Wildland Fire Management for wildfire suppression operations, $2,210,000,000, to remain available until transferred, is additional new budget authority as specified for purposes of section 4004(b)(5) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided, That such amounts may be transferred to and merged with amounts made available under the headings Department of the Interior—Department-Wide Programs—Wildland Fire Management and Department of Agriculture—Forest Service—Wildland Fire Management for wildfire suppression operations in the fiscal year in which such amounts are transferred: Provided further, That amounts may be transferred to the Wildland Fire Management accounts in the Department of the Interior or the Department of Agriculture only upon the notification of the House and Senate Committees on Appropriations that all wildfire suppression operations funds appropriated under that heading in this and prior appropriations Acts to the agency to which the funds will be transferred will be obligated within 30 days: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided by law: Provided further, That, in determining whether all wildfire suppression operations funds appropriated under the heading Wildland Fire Management in this and prior appropriations Acts to either the Department of Agriculture or the Department of the Interior will be obligated within 30 days pursuant to the preceding proviso, any funds transferred or permitted to be transferred pursuant to any other transfer authority provided by law shall be excluded. COMMUNICATIONS SITE ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) Amounts collected in this fiscal year pursuant to section 8705(f)(2) of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ), shall be deposited in the special account established by section 8705(f)(1) of such Act, shall be available to cover the costs described in subsection (c)(3) of such section of such Act, and shall remain available until expended: Provided, That such amounts shall be transferred to the National Forest System account. ADMINISTRATIVE PROVISIONS—FOREST SERVICE (INCLUDING TRANSFERS OF FUNDS) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225 , and not to exceed $100,000 for employment under 5 U.S.C. 3109 ; (3) purchase, erection, and alteration of buildings and other public improvements ( 7 U.S.C. 2250 ); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a ; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 ( 16 U.S.C. 558a , 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902 ; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c) . Funds made available to the Forest Service in this Act may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided, That any transfer of funds pursuant to this paragraph shall not increase or decrease the funds appropriated to any account in this fiscal year by more than ten percent: Provided further, That such transfer authority is in addition to any other transfer authority provided by law. Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary of Agriculture’s notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the heading Wildland Fire Management will be obligated within 30 days: Provided, That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Not more than $50,000,000 of funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels management, and State fire assistance when such transfers would facilitate and expedite wildland fire management programs and projects. Notwithstanding any other provision of this Act, the Forest Service may transfer unobligated balances of discretionary funds appropriated to the Forest Service by this Act to or within the Wildland Fire Management Account, or reprogram funds to be used for the purposes of hazardous fuels management and urgent rehabilitation of burned-over National Forest System lands and water: Provided, That such transferred funds shall remain available through September 30, 2026: Provided further, That none of the funds transferred pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States government, private sector, and international organizations: Provided, That the Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), United States private sector firms, institutions and organizations to provide technical assistance and training programs on forestry and rangeland management: Provided further, That to maximize effectiveness of domestic and international research and cooperation, the International Program may utilize all authorities related to forestry, research, and cooperative assistance regardless of program designations. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ), section 442 of Public Law 106–224 ( 7 U.S.C. 7772 ), or section 10417(b) of Public Law 107–171 ( 7 U.S.C. 8316(b) ). Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges: Provided, That nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain information technology services, including telecommunications and system modifications or enhancements, from the Working Capital Fund of the Department of Agriculture. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1721 et seq. ). Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593 , of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further, That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match funds made available by the Forest Service on at least a one-for-one basis: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98–244 , up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided, That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663 . Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(c)(2) ). The Forest Service shall not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Notwithstanding any other provision of law, of any appropriations or funds available to the Forest Service, not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar matters unrelated to civil litigation: Provided, That future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the sums requested for transfer. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Funds appropriated to the Forest Service shall be available to pay, from a single account, the base salary and expenses of employees who carry out functions funded by other accounts for Enterprise Program, Geospatial Technology and Applications Center, remnant Natural Resource Manager, Job Corps, and National Technology and Development Program. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian health service INDIAN HEALTH SERVICES For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $5,218,127,000, to remain available until September 30, 2024, except as otherwise provided herein; and, in addition, $5,028,127,000, which shall become available on October 1, 2023, and remain available through September 30, 2025, except as otherwise provided herein; together with payments received during each fiscal year pursuant to sections 231(b) and 233 of the Public Health Service Act ( 42 U.S.C. 238(b) and 238b), for services furnished by the Indian Health Service: Provided, That funds made available to Tribes and Tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 ), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the Tribe or Tribal organization without fiscal year limitation: Provided further, That $2,500,000 shall be available for each of fiscal years 2023 and 2024 for grants or contracts with public or private institutions to provide alcohol or drug treatment services to Indians, including alcohol detoxification services: Provided further, That of the total amount of funds provided, $2,201,656,000 shall remain available until expended for Purchased/Referred Care, of which $1,100,828,000 shall be from funds that become available on October 1, 2023: Provided further, That of the total amount specified in the preceding proviso for Purchased/Referred Care, $106,000,000 shall be for the Indian Catastrophic Health Emergency Fund of which $54,000,000 shall be from funds that become available on October 1, 2022: Provided further, That for each of fiscal years 2023 and 2024, up to $66,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That of the total amount of funds provided, $116,000,000, including $58,000,000 from funds that become available on October 1, 2023, shall be for costs related to or resulting from accreditation emergencies, including supplementing activities funded under the heading Indian Health Facilities , of which up to $4,000,000 for each of fiscal years 2023 and 2024 may be used to supplement amounts otherwise available for Purchased/Referred Care: Provided further, That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited in the Fund authorized by section 108A of that Act ( 25 U.S.C. 1616a–1 ) and shall remain available until expended and, notwithstanding section 108A(c) of that Act ( 25 U.S.C. 1616a–1(c) ), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of that Act (25 U.S.C. 1613a and 1616a): Provided further, That the amounts made available within this account for the Substance Abuse and Suicide Prevention Program, for Opioid Prevention, Treatment and Recovery Services, for the Domestic Violence Prevention Program, for the Zero Suicide Initiative, for the housing subsidy authority for civilian employees, for Aftercare Pilot Programs at Youth Regional Treatment Centers, for transformation and modernization costs of the Indian Health Service Electronic Health Record system, for national quality and oversight activities, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, for an initiative to treat or reduce the transmission of HIV and HCV, for a maternal health initiative, for the Telebehaviorial Health Center of Excellence, for Alzheimer’s grants, for Village Built Clinics, for a produce prescription pilot, and for accreditation emergencies shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further, That funds provided in this Act that are available for 2 fiscal years may be used in their second year of availability for annual contracts and grants that fall within 2 fiscal years, provided the total obligation is recorded in such second year of availability: Provided further, That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act ( 25 U.S.C. 1613 ) shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further, That funding contained herein for scholarship programs under the Indian Health Care Improvement Act ( 25 U.S.C. 1613 ) shall remain available until expended: Provided further, That amounts received by Tribes and Tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving Tribes and Tribal organizations until expended: Provided further, That the Bureau of Indian Affairs may collect from the Indian Health Service, and from Tribes and Tribal organizations operating health facilities pursuant to Public Law 93–638 , such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ): Provided further, That none of the funds provided that become available on October 1, 2023, may be used for implementation of the Electronic Health Record System: Provided further, That none of the funds appropriated by this Act, or any other Act, to the Indian Health Service for the Electronic Health Record system shall be available for obligation or expenditure for the selection or implementation of a new Information Technology infrastructure system, unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 90 days in advance of such obligation. CONTRACT SUPPORT COSTS For payments to Tribes and Tribal organizations for contract support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service for fiscal year 2023, such sums as may be necessary: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account: Provided further, That amounts obligated but not expended by a Tribe or Tribal organization for contract support costs for such agreements for the current fiscal year shall be applied to contract support costs due for such agreements for subsequent fiscal years. PAYMENTS FOR TRIBAL LEASES For payments to Tribes and Tribal organizations for leases pursuant to section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) for fiscal year 2023, such sums as may be necessary, which shall be available for obligation through September 30, 2024: Provided, That notwithstanding any other provision of law, no amounts made available under this heading shall be available for transfer to another budget account. INDIAN HEALTH FACILITIES For construction, repair, maintenance, demolition, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a ), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $1,081,936,000, to remain available until expended; and, in addition, $548,950,000, which shall become available on October 1, 2023, and remain available until expended: Provided, That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation, or expansion of health facilities for the benefit of an Indian Tribe or Tribes may be used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 may be used for each of fiscal years 2023 and 2024 by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and Tribal facilities: Provided further, That none of the funds provided that become available on October 1, 2023, may be used for Health Care Facilities Construction or for Sanitation Facilities Construction: Provided further, That of the amount appropriated under this heading for fiscal year 2023 for Sanitation Facilities Construction, $15,192,000 shall be for projects specified for Sanitation Facilities Construction (CDS) in the table titled Congressionally Directed Spending Items included in the explanatory statement accompanying this Act: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development. ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376 ; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation, and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary of Health and Human Services; uniforms, or allowances therefor as authorized by 5 U.S.C. 5901–5902 ; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act ( 42 U.S.C. 2651–2653 ) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121 , the Indian Sanitation Facilities Act and Public Law 93–638 : Provided further, That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a Tribe or Tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 et seq. ), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the Tribe or Tribal organization without fiscal year limitation: Provided further, That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian Health Service to Tribes or Tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead costs associated with the provision of goods, services, or technical assistance: Provided further, That the Indian Health Service may provide to civilian medical personnel serving in hospitals operated by the Indian Health Service housing allowances equivalent to those that would be provided to members of the Commissioned Corps of the United States Public Health Service serving in similar positions at such hospitals: Provided further, That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National institutes of health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) ) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $83,035,000. Agency for toxic substances and disease registry TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $85,020,000: Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2023, and existing profiles may be updated as necessary. OTHER RELATED AGENCIES Executive office of the president COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $4,360,000: Provided, That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical safety and hazard investigation board SALARIES AND EXPENSES For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 , and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376 , $14,400,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Office of navajo and hopi indian relocation SALARIES AND EXPENSES For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531 , $3,060,000, to remain available until expended, which shall be derived from unobligated balances from prior year appropriations available under this heading: Provided, That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further, That no relocatee will be provided with more than one new or replacement home: Provided further, That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to section 11 of Public Law 93–531 (88 Stat. 1716). Institute of american indian and alaska native culture and arts development PAYMENT TO THE INSTITUTE For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by part A of title XV of Public Law 99–498 ( 20 U.S.C. 4411 et seq. ), $11,772,000, which shall become available on July 1, 2023, and shall remain available until September 30, 2024. Smithsonian institution SALARIES AND EXPENSES For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109 ; and purchase, rental, repair, and cleaning of uniforms for employees, $909,500,000, to remain available until September 30, 2024, except as otherwise provided herein; of which not to exceed $26,974,000 for the instrumentation program, collections acquisition, exhibition reinstallation, Smithsonian American Women's History Museum, National Museum of the American Latino, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations: Provided further, That the Smithsonian Institution may expend Federal appropriations designated in this Act for lease or rent payments, as rent payable to the Smithsonian Institution, and such rent payments may be deposited into the general trust funds of the Institution to be available as trust funds for expenses associated with the purchase of a portion of the building at 600 Maryland Avenue, SW, Washington, DC, to the extent that federally supported activities will be housed there: Provided further, That the use of such amounts in the general trust funds of the Institution for such purpose shall not be construed as Federal debt service for, a Federal guarantee of, a transfer of risk to, or an obligation of the Federal Government: Provided further, That no appropriated funds may be used directly to service debt which is incurred to finance the costs of acquiring a portion of the building at 600 Maryland Avenue, SW, Washington, DC, or of planning, designing, and constructing improvements to such building: Provided further, That any agreement entered into by the Smithsonian Institution for the sale of its ownership interest, or any portion thereof, in such building so acquired may not take effect until the expiration of a 30 day period which begins on the date on which the Secretary of the Smithsonian submits to the Committees on Appropriations of the House of Representatives and Senate, the Committees on House Administration and Transportation and Infrastructure of the House of Representatives, and the Committee on Rules and Administration of the Senate a report, as outlined in the explanatory statement described in section 4 of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ; 133 Stat. 2536) on the intended sale. FACILITIES CAPITAL For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $265,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109 . National gallery of art SALARIES AND EXPENSES For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, 76th Congress), including services as authorized by 5 U.S.C. 3109 ; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law ( 5 U.S.C. 5901–5902 ); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $170,240,000, to remain available until September 30, 2024, of which not to exceed $3,875,000 for the special exhibition program shall remain available until expended. REPAIR, RESTORATION AND RENOVATION OF BUILDINGS (INCLUDING TRANSFER OF FUNDS) For necessary expenses of repair, restoration, and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $39,000,000, to remain available until expended: Provided, That of this amount, $27,208,000 shall be available for design and construction of an off-site art storage facility in partnership with the Smithsonian Institution and may be transferred to the Smithsonian Institution for such purposes: Provided further, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. kennedy center for the performing arts OPERATIONS AND MAINTENANCE For necessary expenses for the operation, maintenance, and security of the John F. Kennedy Center for the Performing Arts, $27,640,000, to remain available until September, 30, 2024. CAPITAL REPAIR AND RESTORATION For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $17,740,000, to remain available until expended. Woodrow wilson international center for scholars SALARIES AND EXPENSES For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109 , $15,000,000, to remain available until September 30, 2024. National foundation on the arts and the humanities National endowment for the arts GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $195,000,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National endowment for the humanities GRANTS AND ADMINISTRATION For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $195,000,000 to remain available until expended, of which $178,000,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $17,000,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $15,000,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided, That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further, That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further, That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further, That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission of fine arts SALARIES AND EXPENSES For expenses of the Commission of Fine Arts under chapter 91 of title 40, United States Code, $3,661,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study, or education: Provided further, That one-tenth of one percent of the funds provided under this heading may be used for official reception and representation expenses. NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS For necessary expenses as authorized by Public Law 99–190 ( 20 U.S.C. 956a ), $5,000,000: Provided, That the item relating to National Capital Arts and Cultural Affairs in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 ( 20 U.S.C. 956a ), shall be applied in fiscal year 2023 in the second paragraph by inserting , calendar year 2020 excluded before the first period: Provided further, That in determining an eligible organization's annual income for calendar years 2021, 2022, and 2023, funds or grants received by the eligible organization from any supplemental appropriations Act related to coronavirus or any other law providing appropriations for the purpose of preventing, preparing for, or responding to coronavirus shall be counted as part of the eligible organization's annual income. Advisory council on historic preservation SALARIES AND EXPENSES For necessary expenses of the Advisory Council on Historic Preservation ( Public Law 89–665 ), $8,585,000. National capital planning commission SALARIES AND EXPENSES For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109 , $8,630,000: Provided, That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United states holocaust memorial museum HOLOCAUST MEMORIAL MUSEUM For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 ( 36 U.S.C. 2301–2310 ), $65,231,000, of which $715,000 shall remain available until September 30, 2025, for the Museum’s equipment replacement program; and of which $3,000,000 for the Museum’s repair and rehabilitation program and $1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. Presidio trust The Presidio Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ), in an amount not to exceed $40,000,000. World war i centennial commission SALARIES AND EXPENSES Notwithstanding section 9 of the World War I Centennial Commission Act, as authorized by the World War I Centennial Commission Act ( Public Law 112–272 ) and the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ), for necessary expenses of the World War I Centennial Commission, $1,000,000, to remain available until September 30, 2024: Provided, That in addition to the authority provided by section 6(g) of such Act, the World War I Commission may accept money, in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. United states semiquincentennial commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the United States Semiquincentennial Commission to plan and coordinate observances and activities associated with the 250th anniversary of the founding of the United States, as authorized by Public Law 116–282 , the technical amendments to Public Law 114–196 , $9,000,000, to remain available until expended, of which $1,000,000 shall be transferred to the Office of the Inspector General of the Department of the Interior for audits and investigations of the Semiquincentennial Commission, consistent with the Inspector General Act of 1978 (5 U.S.C. App.). Alyce spotted bear and walter soboleff commission on native children For necessary expenses of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children (referred to in this paragraph as the Commission ), $600,000 to remain available until September 30, 2024: Provided, That in addition to the authority provided by section 3(g)(5) and 3(h) of Public Law 114–244 , the Commission may hereafter accept in-kind personnel services, contractual support, or any appropriate support from any executive branch agency for activities of the Commission. IV GENERAL PROVISIONS (INCLUDING TRANSFERS OF FUNDS) RESTRICTION ON USE OF FUNDS 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913 . OBLIGATION OF APPROPRIATIONS 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. DISCLOSURE OF ADMINISTRATIVE EXPENSES 403. The amount and basis of estimated overhead charges, deductions, reserves, or holdbacks, including working capital fund charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. MINING APPLICATIONS 404. (a) Limitation of funds None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned: (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 , 36, and 37) for placer claims, and section 2337 of the Revised Statutes ( 30 U.S.C. 42 ) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report On September 30, 2024, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( Public Law 104–208 ). (d) Mineral examinations In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION 405. Sections 405 and 406 of division F of the Consolidated and Further Continuing Appropriations Act, 2015 ( Public Law 113–235 ) shall continue in effect in fiscal year 2023. CONTRACT SUPPORT COSTS, FISCAL YEAR 2023 LIMITATION 406. Amounts provided by this Act for fiscal year 2023 under the headings Department of Health and Human Services, Indian Health Service, Contract Support Costs and Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Contract Support Costs are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2023 with the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian Health Service: Provided, That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. FOREST MANAGEMENT PLANS 407. The Secretary of Agriculture shall not be considered to be in violation of section 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) ) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act ( 16 U.S.C. 1600 et seq. ) or any other law: Provided, That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. PROHIBITION WITHIN NATIONAL MONUMENTS 408. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 ( 16 U.S.C. 431 et seq. ) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. LIMITATION ON TAKINGS 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided, That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. PROHIBITION ON NO-BID CONTRACTS 410. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless— (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian Tribes; (2) such contract is authorized by the Indian Self-Determination and Education Assistance Act ( Public Law 93–638 , 25 U.S.C. 450 et seq. ) or by any other Federal laws that specifically authorize a contract within an Indian Tribe as defined in section 4(e) of that Act ( 25 U.S.C. 450b(e) ); or (3) such contract was awarded prior to the date of enactment of this Act. POSTING OF REPORTS 411. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES 412. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs or projects. NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES 413. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term underserved population means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. STATUS OF BALANCES OF APPROPRIATIONS 414. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity within 60 days of enactment of this Act. EXTENSION OF GRAZING PERMITS 415. The terms and conditions of section 325 of Public Law 108–108 (117 Stat. 1307), regarding grazing permits issued by the Forest Service on any lands not subject to administration under section 402 of the Federal Lands Policy and Management Act ( 43 U.S.C. 1752 ), shall remain in effect for fiscal year 2023. FUNDING PROHIBITION 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. HUMANE TRANSFER AND TREATMENT OF ANIMALS 417. (a) Notwithstanding any other provision of law, the Secretary of the Interior, with respect to land administered by the Bureau of Land Management, or the Secretary of Agriculture, with respect to land administered by the Forest Service (referred to in this section as the Secretary concerned ), may transfer excess wild horses and burros that have been removed from land administered by the Secretary concerned to other Federal, State, and local government agencies for use as work animals. (b) The Secretary concerned may make a transfer under subsection (a) immediately on the request of a Federal, State, or local government agency. (c) An excess wild horse or burro transferred under subsection (a) shall lose status as a wild free-roaming horse or burro (as defined in section 2 of Public Law 92–195 (commonly known as the Wild Free-Roaming Horses and Burros Act ) ( 16 U.S.C. 1332 )). (d) A Federal, State, or local government agency receiving an excess wild horse or burro pursuant to subsection (a) shall not— (1) destroy the horse or burro in a manner that results in the destruction of the horse or burro into a commercial product; (2) sell or otherwise transfer the horse or burro in a manner that results in the destruction of the horse or burro for processing into a commercial product; or (3) euthanize the horse or burro, except on the recommendation of a licensed veterinarian in a case of severe injury, illness, or advanced age. (e) Amounts appropriated by this Act shall not be available for— (1) the destruction of any healthy, unadopted, and wild horse or burro under the jurisdiction of the Secretary concerned (including a contractor); or (2) the sale of a wild horse or burro that results in the destruction of the wild horse or burro for processing into a commercial product. FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT AUTHORIZATION EXTENSION 418. Section 503(f) of Public Law 109–54 ( 16 U.S.C. 580d note) shall be applied by substituting September 30, 2023 for September 30, 2019 . USE OF AMERICAN IRON AND STEEL 419. (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES 420. The Secretary of the Interior is authorized to enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices. Notwithstanding section 121(c) of title 40, United States Code, or section 521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations. RECREATION FEES 421. Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) shall be applied by substituting October 1, 2024 for September 30, 2019 . REPROGRAMMING GUIDELINES 422. None of the funds made available in this Act, in this and prior fiscal years, may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement accompanying this Act. LOCAL CONTRACTORS 423. Section 412 of division E of Public Law 112–74 shall be applied by substituting fiscal year 2023 for fiscal year 2019 . SHASTA-TRINITY MARINA FEE AUTHORITY AUTHORIZATION EXTENSION 424. Section 422 of division F of Public Law 110–161 (121 Stat 1844), as amended, shall be applied by substituting fiscal year 2023 for fiscal year 2019 . INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION 425. Section 426 of division G of Public Law 113–76 ( 16 U.S.C. 565a–1 note) shall be applied by substituting September 30, 2023 for September 30, 2019 . PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION 426. The authority provided by the 19th unnumbered paragraph under heading Administrative Provisions, Forest Service in title III of Public Law 109–54 , as amended, shall be applied by substituting fiscal year 2023 for fiscal year 2019 . FOREST BOTANICAL PRODUCTS FEE COLLECTION AUTHORIZATION EXTENSION 427. Section 339 of the Department of the Interior and Related Agencies Appropriations Act, 2000 (as enacted into law by Public Law 106–113 ; 16 U.S.C. 528 note), as amended by section 335(6) of Public Law 108–108 and section 432 of Public Law 113–76 , shall be applied by substituting fiscal year 2023 for fiscal year 2019 . CHACO CANYON 428. None of the funds made available by this Act may be used to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et seq., or to offer for oil and gas leasing, any Federal lands within the withdrawal area identified on the map of the Chaco Culture National Historical Park prepared by the Bureau of Land Management and dated April 2, 2019, prior to the completion of the cultural resources investigation identified in the explanatory statement described in section 4 in the matter preceding division A of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). TRIBAL LEASES 429. (a) Notwithstanding any other provision of law, in the case of any lease under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ), the initial lease term shall commence no earlier than the date of receipt of the lease proposal. (b) The Secretaries of the Interior and Health and Human Services shall, jointly or separately, during fiscal year 2023 consult with Tribes and Tribal organizations through public solicitation and other means regarding the requirements for leases under section 105(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5324(l) ) on how to implement a consistent and transparent process for the payment of such leases. FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 430. The authority provided under the heading Forest Ecosystem Health and Recovery Fund in title I of Public Law 111–88 , as amended by section 117 of division F of Public Law 113–235 , shall be applied by substituting fiscal year 2023 for fiscal year 2020 each place it appears. ALLOCATION OF PROJECTS, NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND AND LAND AND WATER CONSERVATION FUND 431. (a) (1) Within 45 days of enactment of this Act, the Secretary of the Interior shall allocate amounts made available from the National Parks and Public Land Legacy Restoration Fund for fiscal year 2023 pursuant to subsection (c) of section 200402 of title 54, United States Code, and as provided in subsection (e) of such section of such title, to the agencies of the Department of the Interior and the Department of Agriculture specified, in the amounts specified, for the stations and unit names specified, and for the projects and activities specified in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023 in the explanatory statement accompanying this Act. (2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2023 pursuant to subsection (a) of section 200303 of title 54, United States Code, to the agencies and accounts specified, in the amounts specified, and for the projects and activities specified in the table titled Allocation of Funds: Land and Water Conservation Fund Fiscal Year 2023 in the explanatory statement accompanying this Act. (b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54, United States Code, or subsection (a) of section 200303 of title 54, United States Code, other than in amounts and for projects and activities that are allocated by subsections (a)(1) and (a)(2) of this section: Provided , That in any fiscal year, the matter preceding this proviso shall not apply to the allocation of amounts for continuing administration of programs allocated funds from the National Parks and Public Land Legacy Restoration Fund or the Land and Water Conservation Fund, which may be allocated only in amounts that are no more than the allocation for such purposes in subsections (a)(1) and (a)(2) of this section. (c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agency’s Contingency Fund line in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023 to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements: (1) Contingency Fund amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns; (2) Contingency Fund amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and (3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the Contingency Fund line for a project is projected to be 10 percent or greater than the following, as applicable: (A) The amount allocated to that project in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023 in the explanatory statement accompanying this Act; or (B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2022 ( Public Law 117–103 ). (d) (1) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets for the projects in the Submission of Annual List of Projects to Congress required by section 200402(h) of title 54, United States Code: Provided , That the Submission of Annual List of Projects to Congress must include a Contingency Fund line for each agency within the allocations defined in subsection (e) of section 200402 of title 54, United States Code: Provided further , That in the event amounts allocated by this Act or any prior Act for the National Parks and Public Land Legacy Restoration Fund are no longer needed to complete a specified project, such amounts may be reallocated in such submission to that agency’s Contingency Fund line: Provided further , That any proposals to change the scope of or terminate a previously approved project must be clearly identified in such submission. (2) (A) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate a list of supplementary allocations for Federal land acquisition and Forest Legacy Projects at the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the U.S. Forest Service that are in addition to the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, that are prioritized and detailed by account, program, and project, and that total no less than half the full amount allocated to each account for that land management Agency under the allocations submitted under section 200303(c)(1) of title 54, United States Code: Provided , That in the event amounts allocated by this Act or any prior Act pursuant to subsection (a) of section 200303 of title 54, United States Code are no longer needed because a project has been completed or can no longer be executed, such amounts must be clearly identified if proposed for reallocation in the annual budget submission. (B) The Federal land acquisition and Forest Legacy projects in the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, and on the list of supplementary allocations required by subparagraph (A) shall be comprised only of projects for which a willing seller has been identified and for which an appraisal or market research has been initiated. (C) Concurrent with the annual budget submission of the President for fiscal year 2024, the Secretary of the Interior and the Secretary of Agriculture shall each submit to the Committees on Appropriations of the House of Representatives and the Senate project data sheets in the same format and containing the same level of detailed information that is found on such sheets in the Budget Justifications annually submitted by the Department of the Interior with the President’s Budget for the projects in the Submission of Cost Estimates required by section 200303(c)(1) of title 54, United States Code, and in the same format and containing the same level of detailed information that is found on such sheets submitted to the Committees pursuant to section 427 of division D of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ) for the list of supplementary allocations required by subparagraph (A). (e) The Department of the Interior and the Department of Agriculture shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the National Parks and Public Land Legacy Restoration Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the Land and Water Conservation Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds, and, for amounts allocated pursuant to subsection (a)(1) of this section, National Parks and Public Land Legacy Restoration Fund amounts reallocated pursuant to subsection (c) of this section. POLICIES RELATING TO BIOMASS ENERGY 432. To support the key role that forests in the United States can play in addressing the energy needs of the United States, the Secretary of Energy, the Secretary of Agriculture, and the Administrator of the Environmental Protection Agency shall, consistent with their missions, jointly— (1) ensure that Federal policy relating to forest bioenergy— (A) is consistent across all Federal departments and agencies; and (B) using the best available science, recognizes the benefits of the use of forest biomass for energy, conservation, and responsible forest management; and (2) establish clear and simple policies for the use of forest biomass as an energy solution, including policies that— (A) reflect the extent of the carbon benefits of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; (B) encourage private investment throughout the forest biomass supply chain, including in— (i) working forests; (ii) harvesting operations; (iii) forest improvement operations; (iv) forest bioenergy production; (v) wood products manufacturing; or (vi) paper manufacturing; (C) encourage forest management to improve forest health; and (D) recognize State initiatives to produce and use forest biomass. TIMBER SALE REQUIREMENTS 433. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. TRANSFER AUTHORITY TO FEDERAL HIGHWAY ADMINISTRATION FOR THE NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND 434. Funds made available or allocated in this Act to the Department of the Interior or the Department of Agriculture that are subject to the allocations and limitations in 54 U.S.C. 200402(e) and prohibitions in 54 U.S.C. 200402(f) may be further allocated or reallocated to the Federal Highway Administration for transportation projects of the covered agencies defined in 54 U.S.C. 200401(2) . SMALL REMOTE INCINERATORS 435. None of the funds made available in this Act may be used to implement or enforce the regulation issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect to units in the State of Alaska that are defined as small, remote incinerator units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the law and regulations in effect prior to such date. ALASKA NATIVE REGIONAL HEALTH ENTITIES AUTHORIZATION EXTENSION 436. Section 424(a) of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ), as amended by section 428 of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ), shall be applied by substituting October 1, 2023 for October 1, 2019 . BUDGETARY RECLASSIFICATION 437. (a) For fiscal year 2023 and each fiscal year thereafter, notwithstanding the Budget Scorekeeping Guidelines and the accompanying list of programs and accounts set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, and for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974, the following accounts shall be treated as if they were accounts designated as Appropriated Entitlements and Mandatories for Fiscal Year 1997 in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217: Contract Support Costs, Bureau of Indian Affairs (014–2240–0–1–452). Contract Support Costs, Indian Health Service (075–0344–0–1–551). Payments for Tribal Leases, Bureau of Indian Affairs (014–0200–0–1–452). Payments for Tribal Leases, Indian Health Service (075–0200–0–1–551). This subsection shall be considered a change in concepts and definitions pursuant to section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 for purposes of section 257(d) of such Act, section 1(c)(2) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, and any provision in a concurrent resolution on the budget for fiscal year 2023 addressing adjustments to reflect changes in concepts and definitions, and, upon enactment, amounts made available for fiscal year 2023 and subsequent fiscal years shall be reflected accordingly, including in the reports required by section 308(b) of the Congressional Budget Act of 1974. (b) Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (title II of Public Law 99–177 , as amended; 2 U.S.C. 905(g)(1)(A) ) is amended— (1) by inserting after Continuing Fund, Southwestern Power Administration (89–5649–0–2–271). the following: Contract Support Costs, Bureau of Indian Affairs (014–2240–0–1–452). Contract Support Costs, Indian Health Service (075–0344–0–1–551). ; and (2) by inserting after Payment to the Foreign Service Retirement and Disability Fund (19–0540–0–1–153). the following: Payments for Tribal Leases, Bureau of Indian Affairs (014–0200–0–1–452). Payments for Tribal Leases, Indian Health Service (075–0200–0–1–551). . FIREFIGHTER PAY CAP 438. Section 1701 of division B of the Extending Government Funding and Delivering Emergency Assistance Act ( 5 U.S.C. 5547 note), as amended by Public Law 117–103 , is further amended— (1) in subsection (a)(1), by striking the last sentence and inserting Any Services during a given calendar year that generate payments payable in the subsequent calendar year shall be disregarded in applying this subsection ; and (2) in subsections (a), (b), and (c) by inserting or 2023 after or 2022 each place it appears. HAZARDOUS SUBSTANCE SUPERFUND 439. (a) Section 613 of title VI of division J of Public Law 117–58 is repealed. (b) For this fiscal year and each fiscal year thereafter, such sums as are available in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 at the end of the preceding fiscal year from taxes received in the Treasury under subsection (b)(1) of such section shall be available, without further appropriation, to be used to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ): Provided , That the amount provided by this subsection is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, to section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. FOREST SERVICE INTEREST BEARING ACCOUNT 440. (a) Investment authority Any monies covered into the Treasury under section 7 of the Act of June 20, 1958 ( Public Law 85–464 ; 16 U.S.C. 579c ), including all monies that were previously collected by the United States in a forfeiture, judgment, compromise, or settlement, shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent the amounts are not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (b) Availability of funds Any interest earned under subsection (a) shall be available in the same manner as the monies covered into the Treasury under section 7 of the Act of June 20, 1958 ( Public Law 85–464 ; 16 U.S.C. 579c ) to cover the costs to the United States specified in section 7 of that Act. (c) Use of funds Any portion of the monies received or earned under subsection (a) in excess of the amount expended in performing the work necessitated by the action which led to their receipt may be used to cover the other work specified in section 7 of the Act of June 20, 1958 ( Public Law 85–464 ; 16 U.S.C. 579c ). (d) Effective date This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. V DISASTER RECOVERY AND EMERGENCY RESPONSE DEPARTMENT OF THE INTERIOR United states fish and wildlife service CONSTRUCTION For an additional amount for Construction , $63,051,000, to remain available until expended, for necessary expenses related to the consequences of winter storm damages at Midway Atoll National Wildlife Refuge and other natural disasters occurring in and prior to fiscal year 2022. National park service CONSTRUCTION For an additional amount for Construction , $1,674,311,000, to remain available until expended, for necessary expenses related to the consequences of flooding, drought, landslides, wildfire, and other natural disasters at Denali National Park and Preserve, Glen Canyon National Recreation Area, Lake Mead National Recreation Area, and Yellowstone National Park. Bureau of indian education EDUCATION CONSTRUCTION For an additional amount for Education Construction , $90,465,000, to remain available until expended, for necessary expenses related to the consequences of flooding at the To’Hajiilee Community School. Department-Wide programs WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management , $75,000,000, to remain available until expended, for wildland fire suppression activities. DEPARTMENT OF AGRICULTURE Forest service WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management , $375,000,000, to remain available until expended, for wildland fire suppression activities. General provisions—This title 501. Each amount appropriated or made available by this title is in addition to amounts otherwise appropriated for fiscal year 2023. 502. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. Unless otherwise provided for by this title, the additional amounts appropriated by this title to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for funds appropriated in fiscal year 2023. 504. Each amount provided by this title is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This Act may be cited as the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s4686is/xml/BILLS-117s4686is.xml |
117-s-4687 | II 117th CONGRESS 2d Session S. 4687 IN THE SENATE OF THE UNITED STATES July 28, 2022 Mr. Peters (for himself, Mr. Johnson , Ms. Sinema , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance the authority granted to the Department of Homeland Security and Department of Justice with respect to unmanned aircraft systems and unmanned aircraft, and for other purposes.
1. Short title This Act may be cited as the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 . 2. Department of Homeland Security Unmanned Aircraft System Detection and Mitigation Enforcement Authority Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by striking section 210G ( 6 U.S.C. 124n ) and inserting the following: 210G. Protection of certain facilities and assets from unmanned aircraft (a) Definitions In this section: (1) The term air navigation facility has the meaning given the term in section 40102(a)(4) of title 49, United States Code. (2) The term airport has the meaning given the term in section 47102(2) of title 49, United Sates Code. (3) The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives. (4) The term budget , with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31, United States Code. (5) The term covered facility or asset means any facility or asset that— (A) is identified as high-risk and a potential target for unlawful unmanned aircraft or unmanned aircraft system activity by the Secretary or the Attorney General, or by the chief executive of the jurisdiction in which a State, local, Tribal, or territorial law enforcement agency designated pursuant to subsection (d)(2) operates after review and approval of the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section (except that in the case of the missions described in clauses (i)(II) and (iii)(I) of subparagraph (C), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft or unmanned aircraft system activity); (B) is located in the United States; and (C) directly relates to 1 or more— (i) missions authorized to be performed by the Department, consistent with governing statutes, regulations, and orders issued by the Secretary, pertaining to— (I) security or protection functions of the U.S. Customs and Border Protection, including securing or protecting facilities, aircraft, and vessels, whether moored or underway; (II) United States Secret Service protection operations pursuant to sections 3056(a) and 3056A(a) of title 18, United States Code, and the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); (III) protection of facilities pursuant to section 1315(a) of title 40, United States Code; or (IV) transportation security functions of the Transportation Security Administration; (ii) missions authorized to be performed by the Department of Justice, consistent with governing statutes, regulations, and orders issued by the Attorney General, pertaining to— (I) personal protection operations by— (aa) the Federal Bureau of Investigation as specified in section 533 of title 28, United States Code; or (bb) the United States Marshals Service as specified in section 566 of title 28, United States Code; (II) protection of penal, detention, and correctional facilities and operations conducted by the Federal Bureau of Prisons and prisoner operations and transport conducted by the United States Marshals Service; (III) protection of the buildings and grounds leased, owned, or operated by or for the Department of Justice, and the provision of security for Federal courts, as specified in section 566 of title 28, United States Code; or (IV) protection of an airport or air navigation facility; (iii) missions authorized to be performed by the Department or the Department of Justice, acting together or separately, consistent with governing statutes, regulations, and orders issued by the Secretary or the Attorney General, respectively, pertaining to— (I) protection of a National Special Security Event and Special Event Assessment Rating event; (II) the provision of support to a State, local, Tribal, or territorial law enforcement agency, upon request of the chief executive officer of the State or territory, to ensure protection of people and property at mass gatherings, that is limited to a specified duration and location, within available resources, and without delegating any authority under this section to State, local, Tribal, or territorial law enforcement; (III) protection of an active Federal law enforcement investigation, emergency response, or security function, that is limited to a specified duration and location; or (IV) the provision of security or protection support to critical infrastructure owners or operators, for static critical infrastructure facilities and assets upon the request of the owner or operator; (iv) missions authorized to be performed by the United States Coast Guard, including those described in clause (iii) as directed by the Secretary, and as further set forth in section 528 of title 14, United States Code, and consistent with governing statutes, regulations, and orders issued by the Secretary of the Department in which the Coast Guard is operating; and (v) responsibilities of State, local, Tribal, and territorial law enforcement agencies designated pursuant to subsection (d)(2) pertaining to— (I) protection of National Special Security Event and Special Event Assessment Rating events or other mass gatherings in the jurisdiction of the State, local, Tribal, or territorial law enforcement agency; (II) protection of critical infrastructure assessed by the Secretary as high-risk for unmanned aircraft systems or unmanned aircraft attack or disruption, including airports in the jurisdiction of the State, local, Tribal, or territorial law enforcement agency; or (III) protection of sensitive government buildings, assets, or facilities in the jurisdiction of the State, local, Tribal, or territorial law enforcement agency. (6) The term critical infrastructure has the meaning given the term in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). (7) The terms electronic communication , intercept , oral communication , and wire communication have the meanings given those terms in section 2510 of title 18, United States Code. (8) The term homeland security or justice budget materials , with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year. (9) (A) The term personnel means— (i) an officer, employee, or contractor of the Department or the Department of Justice, who is authorized to perform duties that include safety, security, or protection of personnel, facilities, or assets; or (ii) an employee who— (I) is authorized to perform law enforcement and security functions on behalf of a State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2); and (II) is trained and certified to perform those duties, including training specific to countering unmanned aircraft threats and mitigating risks in the national airspace. (B) To qualify for use of the authorities described in subsection (b) or (c), respectively, a contractor conducting operations described in those subsections must— (i) be directly contracted by the Department or the Department of Justice; (ii) operate at a government-owned or government-leased facility or asset; (iii) not conduct inherently governmental functions; and (iv) be trained and certified by the Department or the Department of Justice to meet the established guidance and regulations of the Department or the Department of Justice, respectively. (C) For purposes of subsection (c)(1), the term personnel includes any officer, employee, or contractor who is authorized to perform duties that include the safety, security, or protection of people, facilities, or assets, of— (i) a State, local, Tribal, or territorial law enforcement agency; and (ii) an owner or operator of an airport or critical infrastructure. (10) The term risk-based assessment means an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors: (A) Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems or unmanned aircraft, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (e)(2). (B) Options for mitigating any identified impacts to the national airspace system relating to the use of any system or technology, including minimizing, when possible, the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (e)(2). (C) Potential consequences of the impacts of any actions taken under subsection (e)(1) to the national airspace system and infrastructure if not mitigated. (D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security. (E) The setting and character of any covered facility or asset, including— (i) whether the covered facility or asset is located in a populated area or near other structures; (ii) whether the covered facility or asset is open to the public; (iii) whether the covered facility or asset is used for nongovernmental functions; and (iv) any potential for interference with wireless communications or for injury or damage to persons or property. (F) The setting, character, duration, and national airspace system impacts of National Special Security Event and Special Event Assessment Rating events, to the extent not already discussed in the National Special Security Event and Special Event Assessment Rating nomination process. (G) Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. (11) The terms unmanned aircraft and unmanned aircraft system have the meanings given those terms in section 44801 of title 49, United States Code. (b) Authority of the Department of Homeland Security and Department of Justice Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367, and chapters 119 and 206 of title 18, United States Code, the Secretary and the Attorney General may, for their respective Departments, take, and may authorize personnel with assigned duties that include the safety, security, or protection of people, facilities, or assets to take, actions described in subsection (e)(2) that are necessary to detect, identify, monitor, track, and mitigate a credible threat (as defined by the Secretary and the Attorney General, in consultation with the Secretary of Transportation through the Administrator of the Federal Aviation Administration) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. (c) Additional limited authority for detection, identification, monitoring, and tracking (1) In general Subject to paragraphs (2) and (3), and notwithstanding sections 1030 and 1367 and chapters 119 and 206 of title 18, United States Code, any State, local, Tribal, or territorial law enforcement agency, the Department of Justice, the Department, and any owner or operator of an airport or critical infrastructure may authorize personnel, with assigned duties that include the safety, security, or protection of people, facilities, or assets, to use equipment authorized under this subsection to take actions described in subsection (e)(1) that are necessary to detect, identify, monitor, or track an unmanned aircraft system or unmanned aircraft within the respective areas of responsibility or jurisdiction of the authorized personnel. (2) Authorized equipment Equipment authorized for unmanned aircraft system detection, identification, monitoring, or tracking under this subsection shall be limited to systems or technologies— (A) tested and evaluated by the Department or the Department of Justice, including evaluation of any potential counterintelligence or cybersecurity risks; (B) that are annually reevaluated for any changes in risks, including counterintelligence and cybersecurity risks; (C) determined by the Federal Communications Commission and the National Telecommunications and Information Administration not to adversely impact the use of the communications spectrum; (D) determined by the Federal Aviation Administration not to adversely impact the use of the aviation spectrum or otherwise adversely impact the national airspace system; and (E) that are included on a list of authorized equipment maintained by the Department, in coordination with the Department of Justice, the Federal Aviation Administration, the Federal Communications Commission, and the National Telecommunications and Information Administration. (3) State, local, Tribal, and territorial compliance Each State, local, Tribal, or territorial law enforcement agency or owner or operator of an airport or critical infrastructure acting pursuant to this subsection shall— (A) prior to any such action, issue a written policy certifying compliance with the privacy protections of subparagraphs (A) through (D) of subsection (j)(2); and (B) comply with any additional guidance issued by the Secretary or the Attorney General relating to implementation of this subsection. (4) Prohibition Nothing in this subsection shall be construed to authorize the taking of any action described in subsection (e) other than the actions described in paragraph (1) of that subsection. (d) Pilot program for State, local, Tribal, and territorial law enforcement (1) In general The Secretary and the Attorney General may carry out a pilot program to evaluate the potential benefits of State, local, Tribal, and territorial law enforcement agencies taking actions that are necessary to mitigate a credible threat (as defined by the Secretary and the Attorney General, in consultation with the Secretary of Transportation through the Administrator of the Federal Aviation Administration) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset. (2) Designation (A) In general The Secretary or the Attorney General, with the concurrence of the Secretary of Transportation (through the Administrator of the Federal Aviation Administration), may, under the pilot program established under paragraph (1), designate 1 or more State, local, Tribal or territorial law enforcement agencies approved by the respective chief executive officer of the State, local, Tribal, or territorial law enforcement agency to engage in the activities authorized in paragraph (4) under the direct oversight of the Department or the Department of Justice, in carrying out the responsibilities authorized under subsection (a)(5)(C)(v). (B) Designation process (i) Number of agencies and duration On and after the date that is 180 days after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 , the Secretary and the Attorney General, pursuant to subparagraph (A), may designate not more than 12 State, local, Tribal, and territorial law enforcement agencies for participation in the pilot program, and may designate 12 additional State, local, Tribal, and territorial law enforcement agencies each year thereafter, provided that not more than 60 State, local, Tribal, and territorial law enforcement agencies in total may be designated during the 5-year period of the pilot program. (ii) Revocation The Secretary and the Attorney General, in consultation with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration)— (I) may revoke a designation under subparagraph (A) if the Secretary, Attorney General, and Secretary of Transportation (through the Administrator of the Federal Aviation Administration) concur in the revocation; and (II) shall revoke a designation under subparagraph (A) if the Secretary, the Attorney General, or the Secretary of Transportation (through the Administrator of the Federal Aviation Administration) withdraws concurrence. (3) Termination of pilot program (A) Designation The authority to designate an agency for inclusion in the pilot program established under this subsection shall terminate after the 5-year period beginning on the date that is 180 days after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 . (B) Authority of pilot program agencies The authority of an agency designated under the pilot program established under this subsection to exercise any of the authorities granted under the pilot program shall terminate not later than 6 years after the date that is 180 days after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 , or upon revocation pursuant to paragraph (2)(B)(ii). (4) Authorization Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367, and chapters 119 and 206 of title 18, United States Code, any State, local, Tribal, or territorial law enforcement agency designated pursuant to paragraph (2) may authorize personnel with assigned duties that include the safety, security, or protection of people, facilities, or assets to take such actions as are described in subsection (e)(2) that are necessary to detect, identify, monitor, track, or mitigate a credible threat (as defined by the Secretary and the Attorney General, in consultation with the Secretary of Transportation, through the Administrator of the Federal Aviation Administration) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset under subsection (a)(5)(C)(v). (5) Exemption (A) In general Subject to subparagraph (B), the Chair of the Federal Communications Commission, in consultation with the Administrator of the National Telecommunications and Information Administration, shall implement a process for considering the exemption of 1 or more law enforcement agencies designated under paragraph (2), or any station operated by the agency, from any provision of title III of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) to the extent that the designated law enforcement agency takes such actions as are described in subsection (e)(2) and may establish conditions or requirements for such exemption. (B) Requirements The Chair of the Federal Communications Commission, in consultation with the Administrator of the National Telecommunications and Information Administration, may grant an exemption under subparagraph (A) only if the Chair of the Federal Communications Commission in consultation with the Administrator of the National Telecommunications and Information Administration finds that the grant of an exemption— (i) is necessary to achieve the purposes of this subsection; and (ii) will serve the public interest. (C) Revocation Any exemption granted under subparagraph (A) shall terminate automatically if the designation granted to the law enforcement agency under paragraph (2)(A) is revoked by the Secretary or the Attorney General under paragraph (2)(B)(ii) or is terminated under paragraph (3)(B). (6) Reporting Not later than 2 years after the date on which the first law enforcement agency is designated under paragraph (2), the Secretary and the Attorney General shall inform the appropriate committees of Congress in writing of the use by any State, local, Tribal, or territorial law enforcement agency of any authority granted pursuant to paragraph (4). (7) Restrictions Any entity acting pursuant to the authorities granted under this subsection— (A) may do so only using equipment authorized by the Department, in coordination with the Department of Justice, the Federal Communications Commission, the National Telecommunications and Information Administration, and the Department of Transportation (through the Federal Aviation Administration) according to the criteria described in subsection (c)(2); (B) shall, prior to any such action, issue a written policy certifying compliance with the privacy protections of subparagraphs (A) through (D) of subsection (j)(2); (C) shall ensure that all personnel undertaking any actions listed under this subsection are properly trained in accordance with the criteria that the Secretary and Attorney General shall collectively establish, in consultation with the Secretary of Transportation, the Administrator of the Federal Aviation Administration, the Chair of the Federal Communications Commission, and the Assistant Secretary of Commerce for Communications and Information of the National Telecommunications and Information Administration; and (D) shall comply with any additional guidance relating to compliance with this subsection issued by the Secretary or Attorney General. (e) Actions described (1) In general The actions authorized under subsection (c) that may be taken by a State, local, Tribal, or territorial law enforcement agency, the Department, the Department of Justice, and any owner or operator of an airport or critical infrastructure, are limited to actions during the operation of an unmanned aircraft system, to detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (2) Clarification The actions authorized in subsections (b) and (d)(4) are the following: (A) During the operation of the unmanned aircraft system or unmanned aircraft, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect, physical, electronic, radio, and electromagnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent of the operator of the unmanned aircraft system or unmanned aircraft, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (f) Research, testing, training, and evaluation (1) Requirement (A) In general Notwithstanding section 46502 of title 49, United States Code, or any provision of title 18, United States Code, the Secretary, the Attorney General, and the heads of the State, local, Tribal, or territorial law enforcement agencies designated pursuant to subsection (d)(2) shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment in carrying out any action described in subsection (e). (B) Coordination Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to subparagraph (A). (2) Training of Federal, State, local, territorial, and tribal law enforcement personnel The Attorney General, through the Director of the Federal Bureau of Investigation, may— (A) provide training relating to measures to mitigate a credible threat that an unmanned aircraft or unmanned aircraft system poses to the safety or security of a covered facility or asset to any personnel who are authorized to take such measures, including personnel authorized to take the actions described in subsection (e); and (B) establish or designate 1 or more facilities or training centers for the purpose described in subparagraph (A). (3) Coordination for research, testing, training, and evaluation (A) In general The Secretary, the Attorney General, and the heads of the State, local, Tribal, or territorial law enforcement agencies designated pursuant to subsection (d)(2) shall coordinate procedures governing research, testing, training, and evaluation to carry out any provision under this subsection with the Administrator of the Federal Aviation Administration before initiating such activity in order that the Administrator of the Federal Aviation Administration may ensure the activity does not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (B) State, local, Tribal, and territorial law enforcement agency coordination Each head of a State, local, Tribal, or territorial law enforcement agency designated pursuant to subsection (d)(2) shall coordinate the procedures governing research, testing, training, and evaluation of the law enforcement agency through the Secretary and the Attorney General, in coordination with the Federal Aviation Administration. (g) Forfeiture Any unmanned aircraft system or unmanned aircraft that is seized by the Secretary or the Attorney General pursuant to subsection (b) is subject to forfeiture to the United States pursuant to the provisions of chapter 46 of title 18, United States Code. (h) Regulations and guidance The Secretary, the Attorney General, and the Secretary of Transportation— (1) may prescribe regulations and shall issue guidance in the respective areas of each Secretary or the Attorney General to carry out this section; and (2) in developing regulations and guidance described in subparagraph (A), consult the Chair of the Federal Communications Commission, the Administrator of the National Telecommunications and Information Administration, and the Administrator of the Federal Aviation Administration. (i) Coordination (1) In general The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration before carrying out any action authorized under this section in order that the Administrator may ensure the action does not adversely impact or interfere with— (A) safe airport operations; (B) navigation; (C) air traffic services; or (D) the safe and efficient operation of the national airspace system. (2) Guidance Before issuing any guidance, or otherwise implementing this section, the Secretary or the Attorney General shall, respectively, coordinate with— (A) the Secretary of Transportation in order that the Secretary of Transportation may ensure the guidance or implementation does not adversely impact or interfere with any critical infrastructure relating to transportation; and (B) the Administrator of the Federal Aviation Administration in order that the Administrator may ensure the guidance or implementation does not adversely impact or interfere with— (i) safe airport operations; (ii) navigation; (iii) air traffic services; or (iv) the safe and efficient operation of the national airspace system. (3) Coordination with the FAA The Secretary and the Attorney General shall coordinate the development of their respective guidance under subsection (h) with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration). (4) Coordination with the Department of Transportation and National Telecommunications and Information Administration The Secretary and the Attorney General, and the heads of any State, local, Tribal, or territorial law enforcement agencies designated pursuant to subsection (d)(2), through the Secretary and the Attorney General, shall coordinate the development for their respective departments or agencies of the actions described in subsection (e) with the Secretary of Transportation (through the Administrator of the Federal Aviation Administration) and the Assistant Secretary of Commerce for Communications and Information of the National Telecommunications and Information Administration. (5) State, local, Tribal, and territorial implementation Prior to taking any action authorized under subsection (d)(4), each head of a State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2) shall coordinate, through the Secretary and the Attorney General— (A) with the Secretary of Transportation in order that the Administrators of non-aviation modes of the Department of Transportation may evaluate whether the action may have adverse impacts on critical infrastructure relating to non-aviation transportation; (B) with the Administrator of the Federal Aviation Administration in order that the Administrator may ensure the action will have no adverse impact, or will not, interfere with— (i) safe airport operations; (ii) navigation; (iii) air traffic services; or (iv) the safe and efficient operation of the national airspace system; and (C) to allow the Department and the Department of Justice to ensure that any action authorized by this section is consistent with Federal law enforcement and in the interest of national security. (j) Privacy protection (1) In general Any regulation or guidance issued to carry out an action under subsection (e) by the Secretary or the Attorney General, respectively, shall ensure for the Department or the Department of Justice, respectively, that— (A) the interception of, acquisition of, access to, maintenance of, or use of any communication to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and any applicable provision of Federal law; (B) any communication to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (e); (C) any record of a communication described in subparagraph (B) is maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary or the Attorney General, as applicable, determines that maintenance of the record is— (i) required under Federal law; (ii) necessary for the purpose of litigation; and (iii) necessary to investigate or prosecute a violation of law, including by— (I) directly supporting an ongoing security operation; or (II) protecting against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; and (D) a communication described in subparagraph (B) is not disclosed to any person not employed or contracted by the Department or the Department of Justice unless the disclosure— (i) is necessary to investigate or prosecute a violation of law; (ii) will support— (I) the Department of Defense; (II) a Federal law enforcement, intelligence, or security agency; (III) a State, local, Tribal, or territorial law enforcement agency; or (IV) another relevant entity or person if the entity or person is engaged in a security or protection operation; (iii) is necessary to support a department or agency listed in clause (ii) in investigating or prosecuting a violation of law; (iv) will support the enforcement activities of a Federal regulatory agency relating to a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (e); (v) is between the Department and the Department of Justice in the course of a security or protection operation of either department or a joint operation of those departments; or (vi) is otherwise required by law. (2) Local privacy protection In exercising any authority described in subsection (c) or (d), a State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2) or owner or operator of an airport or critical infrastructure shall ensure that— (A) the interception of, acquisition of, access to, maintenance of, or use of communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with— (i) the First and Fourth Amendments to the Constitution of the United States; and (ii) applicable provisions of Federal, and where required, State, local, Tribal, and territorial law; (B) any communication to or from an unmanned aircraft system or unmanned aircraft is intercepted or acquired only to the extent necessary to support an action described in subsection (e); (C) any record of a communication described in subparagraph (B) is maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary, the Attorney General, or the head of a State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2) determines that maintenance of the record is— (i) required to be maintained under Federal, State, local, Tribal, or territorial law; (ii) necessary for the purpose of any litigation; or (iii) necessary to investigate or prosecute a violation of law, including by— (I) directly supporting an ongoing security or protection operation; or (II) protecting against dangerous or unauthorized activity by an unmanned aircraft system or unmanned aircraft; and (D) the communication is not disclosed outside the agency or entity unless the disclosure— (i) is necessary to investigate or prosecute a violation of law; (ii) would support the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, Tribal, or territorial law enforcement agency; (iii) would support the enforcement activities of a Federal regulatory agency in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (e); (iv) is to the Department or the Department of Justice in the course of a security or protection operation of either the Department or the Department of Justice, or a joint operation of the Department and Department of Justice; or (v) is otherwise required by law. (k) Budget (1) In general The Secretary and the Attorney General shall submit to Congress, as a part of the homeland security or justice budget materials for each fiscal year after fiscal year 2023, a consolidated funding display that identifies the funding source for the actions described in subsection (e) within the Department and the Department of Justice. (2) Classification Each funding display submitted under paragraph (1) shall be in unclassified form but may contain a classified annex. (l) Public disclosures (1) In general Notwithstanding any provision of State, local, Tribal, or territorial law, information shall be governed by the disclosure obligations set forth in section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), if the information relates to— (A) any capability, limitation, or sensitive detail of the operation of any technology used to carry out an action described in subsection (e)(1) of this section; or (B) an operational procedure or protocol used to carry out this section. (2) State, local, Tribal, or territorial agency use (A) Control Information described in paragraph (1) that is obtained by a State, local, Tribal, or territorial law enforcement agency from a Federal agency under this section— (i) shall remain subject to the control of the Federal agency, notwithstanding that the State, local, Tribal, or territorial law enforcement agency has the information described in paragraph (1) in the possession of the State, local, Tribal, or territorial law enforcement agency; and (ii) shall not be subject to any State, local, Tribal, or territorial law authorizing or requiring disclosure of the information described in paragraph (1). (B) Access Any request for public access to information described in paragraph (1) shall be submitted to the originating Federal agency, which shall process the request as required under section 552(a)(3) of title 5, United States Code. (m) Assistance and support (1) Facilities and services of other agencies and non-Federal entities (A) In general The Secretary and the Attorney General are authorized to use or accept from any other Federal agency, or any other public or private entity, any supply or service to facilitate or carry out any action described in subsection (e). (B) Reimbursement In accordance with subparagraph (A), the Secretary and the Attorney General may accept any supply or service with or without reimbursement to the entity providing the supply or service and notwithstanding any provision of law that would prevent the use or acceptance of the supply or service. (C) Agreements To implement the requirements of subsection (a)(5)(C), the Secretary or the Attorney General may enter into 1 or more agreements with the head of another executive agency or with an appropriate official of a non-Federal public or private agency or entity, as may be necessary and proper to carry out the responsibilities of the Secretary and Attorney General under this section. (2) Mutual support (A) In general Subject to subparagraph (B), the Secretary and the Attorney General are authorized to provide support or assistance, upon the request of a Federal agency or department conducting— (i) a mission described in subsection (a)(5)(C); (ii) a mission described in section 130i of title 10, United States Code; or (iii) a mission described in section 4510 of the Atomic Energy Defense Act ( 50 U.S.C. 2661 ). (B) Requirements Any support or assistance provided by the Secretary or the Attorney General shall only be granted— (i) for the purpose of fulfilling the roles and responsibilities of the Federal agency or department that made the request for the mission for which the request was made; (ii) when exigent circumstances exist; (iii) for a specified duration and location; (iv) within available resources; (v) on a non-reimbursable basis; and (vi) in coordination with the Administrator of the Federal Aviation Administration. (n) Semiannual briefings and notifications (1) In general On a semiannual basis beginning 180 days after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 , the Secretary and the Attorney General shall, respectively, provide a briefing to the appropriate committees of Congress on the activities carried out pursuant to this section. (2) Requirement The Secretary and the Attorney General each shall conduct the briefing required under paragraph (1) jointly with the Secretary of Transportation. (3) Content Each briefing required under paragraph (1) shall include— (A) policies, programs, and procedures to mitigate or eliminate impacts of activities carried out pursuant to this section to the national airspace system and other critical infrastructure relating to national transportation; (B) a description of— (i) each instance in which any action described in subsection (e) has been taken, including any instances that may have resulted in harm, damage, or loss to a person or to private property; (ii) the guidance, policies, or procedures established by the Secretary or the Attorney General to address privacy, civil rights, and civil liberties issues implicated by the actions permitted under this section, as well as any changes or subsequent efforts by the Secretary or the Attorney General that would significantly affect privacy, civil rights, or civil liberties; (iii) options considered and steps taken by the Secretary or the Attorney General to mitigate any identified impacts to the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (e)(2); and (iv) each instance in which a communication intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft was— (I) held in the possession of the Department or the Department of Justice for more than 180 days; or (II) shared with any entity other than the Department or the Department of Justice; (C) an explanation of how the Secretary, the Attorney General, and the Secretary of Transportation have— (i) informed the public as to the possible use of authorities granted under this section; and (ii) engaged with Federal, State, local, Tribal, and territorial law enforcement agencies to implement and use authorities granted under this section; (D) an assessment of whether any gaps or insufficiencies remain in laws, regulations, and policies that impede the ability of the Federal Government or State, local, Tribal, and territorial governments and owners or operators of critical infrastructure to counter the threat posed by the malicious use of unmanned aircraft systems and unmanned aircraft; (E) an assessment of efforts to integrate unmanned aircraft system threat assessments within National Special Security Event and Special Event Assessment Rating planning and protection efforts; (F) recommendations to remedy any gaps or insufficiencies described in subparagraph (D), including recommendations relating to necessary changes in law, regulations, or policies; (G) a description of the impact of the authorities granted under this section on— (i) lawful operator access to national airspace; and (ii) unmanned aircraft systems and unmanned aircraft integration into the national airspace system; and (H) a summary from the Secretary of any data and results obtained pursuant to subsection (r), including an assessment of— (i) how the details of the incident were obtained; and (ii) whether the operation involved a violation of Federal Aviation Administration aviation regulations. (4) Unclassified form Each briefing required under paragraph (1) shall be in unclassified form but may be accompanied by an additional classified briefing. (5) Notification (A) In general Not later than 30 days after an authorized department, agency, or owner or operator of an airport or critical infrastructure deploys any new technology to carry out the actions described in subsection (e), the Secretary and the Attorney General shall, respectively or jointly, as appropriate, submit a notification of the deployment to the appropriate committees of Congress. (B) Contents Each notification submitted pursuant to subparagraph (A) shall include a description of options considered to mitigate any identified impacts to the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals in carrying out the actions described in subsection (e). (o) Rule of construction Nothing in this section shall be construed to— (1) vest in the Secretary, the Attorney General, or any State, local, Tribal, or territorial law enforcement agency, authorized under subsection (c) or designated under subsection (d)(2) any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; (2) vest in the Secretary of Transportation, the Administrator of the Federal Aviation Administration, or any State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2) any authority of the Secretary or the Attorney General; (3) vest in the Secretary any authority of the Attorney General; (4) vest in the Attorney General any authority of the Secretary; or (5) provide a new basis of liability with respect to an officer of a State, local, Tribal, or territorial law enforcement agency designated under subsection (d)(2) or who participates in the protection of a mass gathering identified by the Secretary or Attorney General under subsection (a)(5)(C)(iii)(II), who— (A) is acting in the official capacity of the individual as an officer; and (B) does not exercise the authority granted to the Secretary and the Attorney General by this section. (p) Termination (1) Termination of additional limited authority for detection, identification, monitoring, and tracking The authority to carry out any action authorized under subsection (c), if performed by a non-Federal entity, shall terminate on the date that is 5 years and 6 months after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 and the authority for the pilot program established under subsection (d) shall terminate as provided for in paragraph (3) of that subsection. (2) Termination of authorities with respect to covered facilities and assets The authority to carry out this section with respect to a covered facility or asset shall terminate on the date that is 7 years after the date of enactment of the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2022 . (q) Scope of authority Nothing in this section shall be construed to provide the Secretary or the Attorney General with any additional authority other than the authorities described in subsections (a)(5)(C)(iii), (b), (c), (d), and (f). (r) United States Government database (1) Authorization The Department is authorized to develop a Federal database to enable the transmission of data concerning security-related incidents in the United States involving unmanned aircraft and unmanned aircraft systems between Federal, State, local, Tribal, and territorial law enforcement agencies for purposes of conducting analyses of such threats in the United States. (2) Policies, plans, and procedures (A) Coordination and consultation Before implementation of the database developed under paragraph (1), the Secretary shall develop policies, plans, and procedures for the implementation of the database— (i) in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Transportation (through the Administrator of the Federal Aviation Administration); and (ii) in consultation with State, local, Tribal, and territorial law enforcement agency representatives, including representatives of fusion centers. (B) Reporting The policies, plans, and procedures developed under subparagraph (A) shall include criteria for Federal, State, local, Tribal, and territorial reporting of unmanned aircraft systems or unmanned aircraft incidents. (C) Data retention The policies, plans, and procedures developed under subparagraph (A) shall ensure that data on security-related incidents in the United States involving unmanned aircraft and unmanned aircraft systems that is retained as criminal intelligence information is retained based on the reasonable suspicion standard, as permitted under part 23 of title 28, Code of Federal Regulations. . | https://www.govinfo.gov/content/pkg/BILLS-117s4687is/xml/BILLS-117s4687is.xml |
117-s-4688 | II 117th CONGRESS 2d Session S. 4688 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Kaine (for himself, Ms. Murkowski , Ms. Sinema , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference.
1. Short title This Act may be cited as the Reproductive Freedom for All Act . 2. Purpose It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman’s Health v. Hellerstedt (579 U.S. 582 (2016)). 3. Findings Congress finds the following: (1) For decades, the Supreme Court of the United States has held that the liberty protected by the Fourteenth Amendment encompasses a right to make certain reproductive decisions without undue government interference. (2) While these precedents have advanced slightly different constitutional rationales, and have acknowledged that some government regulation is acceptable, they have created a society whereby Americans expect to make certain reproductive decisions without undue government interference. Generations of American women have relied on the fact that they have the freedom to make such choices as a matter of fundamental personal right. (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment’s guarantee of equal protection and due process under the law. (4) The Supreme Court has recently reversed five decades of jurisprudence in Dobbs v. Jackson Women’s Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. (5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans’ lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. By continuing to protect their reliance on fundamental reproductive rights, such a guarantee will improve the general welfare for generations of American women. (6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. 4. Reproductive freedom (a) In general All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority A State— (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). (c) Rule of construction Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. 5. Enforcement The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs. 6. Definitions (a) In general In this Act: (1) Fetal viability The term fetal viability means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable The term reasonable with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. (3) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (b) Undue burden For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. 7. Severability If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s4688is/xml/BILLS-117s4688is.xml |
117-s-4689 | II 117th CONGRESS 2d Session S. 4689 IN THE SENATE OF THE UNITED STATES August 1, 2022 Ms. Baldwin (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to revise the shareholder threshold for registration under that Act for issuers that receive support through certain Federal universal service support mechanisms, and for other purposes.
1. Short title This Act may be cited as the Access to Capital Creates Economic Strength and Supports Rural America Act or the ACCESS Rural America Act . 2. Shareholder threshold for registration of certain issuers Section 12(g) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(g) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(ii), by striking and at the end; (B) in subparagraph (B), by adding and at the end; (C) by inserting after subparagraph (B) the following: (C) in the case of an issuer that, during its previous fiscal year, received support, directly or through an affiliate, through the Federal universal service support mechanism for rural, insular, and high cost areas established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) and filed the report described in paragraph (7) with respect to such fiscal year, not later than 120 days after the last day of its first fiscal year ended after the date of enactment of this subparagraph, on which the issuer has total assets exceeding $10,000,000 and a class of equity security (other than an exempted security) held of record by 2,000 persons, ; and (D) in the flush text following subparagraph (C), as added by subparagraph (C) of this paragraph, by adding at the end the following: The dollar figures in subparagraph (C) shall be indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics, rounded to the nearest $100,000. ; and (2) by adding at the end the following: (7) Mandatory disclosures by certain universal service support mechanism recipients (A) In general The Commission shall issue regulations to establish a financial summary form that may, upon request by an investor, be made available by an issuer that— (i) during its previous fiscal year, received support, directly or through an affiliate, through the Federal universal service support mechanism for rural, insular, and high cost areas established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ); and (ii) has a class of equity security held of record by not fewer than 500, and fewer than, 2,000 persons. (B) Contents The form described in subparagraph (A) shall include a summary of the consolidated balance sheet and the consolidated income statement of the issuer and such other information as the Commission determines is necessary and appropriate in the public interest and for the protection of investors. . | https://www.govinfo.gov/content/pkg/BILLS-117s4689is/xml/BILLS-117s4689is.xml |
117-s-4690 | II 117th CONGRESS 2d Session S. 4690 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Van Hollen (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide grants for fire station construction through the Administrator of the Federal Emergency Management Agency, and for other purposes.
1. Short title This Act may be cited as the Fire Station Construction Grants Act . 2. Assistance to firefighters fire station construction grants (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Emergency Management Agency. (2) Career fire department The term career fire department means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. (3) Combination fire department The term combination fire department means a fire department that has— (A) paid firefighting personnel; and (B) volunteer firefighting personnel. (4) EMS The term EMS means emergency medical services. (5) Nonaffiliated EMS organization The term nonaffiliated EMS organization means a public or private nonprofit EMS organization that is not affiliated with a hospital and does not serve a geographic area in which the Administrator finds that EMS are adequately provided by a fire department. (6) Volunteer fire department The term volunteer fire department means a fire department that has an all-volunteer force of firefighting personnel. (b) Grant program The Administrator shall establish a grant program to provide financial assistance to entities described in subsection (c) to modify, upgrade, and construct fire and EMS department facilities. (c) Eligible applicants The Administrator may make a grant under this section to the following: (1) Career, volunteer, and combination fire departments. (2) Fire training facilities. (3) Nonaffiliated EMS organizations, combination and volunteer emergency medical stations (except that for-profit EMS organizations are not eligible for a grant under this section). (d) Applications An entity described in subsection (c) seeking a grant under this section shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate. (e) Meeting for recommendations (1) In general The Administrator shall convene a meeting of qualified members of national fire service organizations and, at the discretion of the Administrator, qualified members of EMS organizations to obtain recommendations regarding the criteria for the awarding of grants under this section. (2) Qualifications For purposes of this subsection, a qualified member of an organization is a member who— (A) is recognized for firefighting or EMS expertise; (B) is not an employee of the Federal Government; and (C) in the case of a member of an EMS organization, is a member of an organization that represents— (i) EMS providers that are affiliated with fire departments; or (ii) nonaffiliated EMS providers. (f) Peer review of grant application The Administrator shall, in consultation with national fire service and EMS organizations, appoint fire service personnel to conduct peer reviews of applications received under subsection (d). (g) Priority of grants In awarding grants under this section, the Administrator shall consider the findings and recommendations of the peer reviews carried out under subsection (f). (h) Uses of funds (1) In general A recipient of a grant under this section may use funds received for the following: (A) Building, rebuilding, or renovating fire and EMS department facilities. (B) Upgrading existing facilities to install exhaust emission control systems, install backup power systems, upgrade or replace environmental control systems (such as HVAC systems), remove or remediate mold, and construct or modify living quarters for use by male and female personnel. (C) Upgrading fire and EMS stations or building new stations. (2) Code compliant In using funds under paragraph (1), a recipient of a grant under this section shall meet 1 of the 2 most recently published editions of relevant codes and standards, especially codes and standards that— (A) require up-to-date hazard resistant and safety provisions; and (B) are relevant for protecting firefighter health and safety. (i) Grant funding (1) In general The Administrator shall allocate grant funds under this section as follows: (A) 25 percent for career fire and EMS departments. (B) 25 percent for combination fire and EMS departments. (C) 25 percent for volunteer fire and EMS departments. (D) 25 percent to remain available for competition between the various department types. (2) Insufficient applications If the Administrator does not receive sufficient funding requests from a particular department type described in subparagraphs (A) through (C) of paragraph (1), the Administrator may make awards to other departments described in such paragraphs. (3) Limitation on awards amounts A recipient of a grant under this section may not receive more than $7,500,000 under this section. (j) Prevailing rate of wage and public contracts (1) In general All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed with the assistance of any contribution of Federal funds made by the Administrator under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). (2) Overtime Each employee described in paragraph (1) shall receive compensation at a rate not less than one and 1⁄2 times the basic rate of pay of the employee for all hours worked in any workweek in excess of 8 hours in any workday or 40 hours in the workweek, as the case may be. (3) Assurances The Administrator shall make no contribution of Federal funds without first obtaining adequate assurance that the labor standards described in paragraphs (1) and (2) will be maintained upon the construction work. (4) Authority of Secretary of Labor The Secretary of Labor shall have, with respect to the labor standards described in paragraphs (1) and (2), the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Public contracts Contractors and subcontractors performing construction work pursuant to this section shall procure only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States in accordance with the requirements (and exceptions thereto) applicable to Federal agencies under chapter 83 of title 41, United States Code. (k) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to activities carried out pursuant to this section. (l) Reporting requirements (1) Annual report to administrator of FEMA Not later than 1 year after the date of enactment of this Act, and annually thereafter during the term of a grant awarded under this section, the recipient of the grant shall submit to the Administrator a report describing how the recipient used the amounts from the grant. (2) Annual report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which the rebuilding or renovation of fire facilities and stations are completed using grant funds under this section, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committees on Transportation and Infrastructure and Science, Space, and Technology of the House of Representatives a report that provides an evaluation of the effectiveness of the grants awarded under this section. (m) Authorization of appropriations There is authorized to be appropriated $1,000,000,000 for fiscal year 2022 to carry out this section. Funds appropriated under this Act shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s4690is/xml/BILLS-117s4690is.xml |
117-s-4691 | II 117th CONGRESS 2d Session S. 4691 IN THE SENATE OF THE UNITED STATES August 1, 2022 Ms. Klobuchar (for herself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to equalize the charitable mileage rate with the business travel rate.
1. Short title This Act may be cited as the Volunteer Driver Tax Parity Act of 2022 . 2. Increase in charitable mileage rate (a) In general Section 170(i) of the Internal Revenue Code of 1986 is amended to read as follows: (i) Standard mileage rate for use of passenger automobile (1) In general For purposes of computing the deduction under this section for use of a passenger automobile, the standard mileage rate shall be— (A) during any taxable year beginning after December 31, 2021, and before January 1, 2024, the standard mileage rate with respect to use of a passenger automobile for purposes of determining the deduction allowable under sections 162 and 212, and (B) during any taxable year beginning after December 31, 2023, 24 cents per mile. (2) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2024, the 24 cents amount in paragraph (1)(B)(ii) shall be increased by an amount equal to— (A) 24 cents, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2023 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of 1 cent shall be rounded to the nearest multiple of 1 cent. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s4691is/xml/BILLS-117s4691is.xml |
117-s-4692 | II 117th CONGRESS 2d Session S. 4692 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to require the Secretary of Agriculture to make publicly available information on infant formula procurement under the special supplemental nutrition program for women, infants, and children.
1. Short title This Act may be cited as the WIC Healthy Beginnings Act of 2022 . 2. Infant formula procurement online source of information Section 17(h)(8)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(h)(8)(A) ) is amended by adding at the end the following: (xi) Infant formula procurement online source of information (I) In general Not later than 180 days after the date of enactment of this clause, the Secretary shall make available to the public the information described in items (aa) through (dd) of subclause (II) relating to bid solicitations of State agencies for infant formula under the program. (II) State agencies In soliciting bids for infant formula under the program, a State agency, or a State agency on behalf of a State alliance, shall submit to the Secretary, not later than 5 business days after the date on which a bid solicitation is made available online to bidders by the State, a description of the bid solicitation, including— (aa) the title of the bid solicitation and the State agency administering the bid solicitation; (bb) the website hyperlink and other information needed for the purpose of submitting a bid in response to the bid solicitation; (cc) the contact information and website hyperlink for the State agency administering the bid solicitation, for the purpose of gathering additional information relating to the bid solicitation; and (dd) the period during which bids are accepted or the due date for bids, as applicable, under the bid solicitation. (III) Publication Not later than 5 days after receiving a description of a bid solicitation under subclause (II), the Secretary shall make that description publicly available. (IV) Guidance The Secretary shall issue guidance to implement this clause. . | https://www.govinfo.gov/content/pkg/BILLS-117s4692is/xml/BILLS-117s4692is.xml |
117-s-4693 | II 117th CONGRESS 2d Session S. 4693 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Coons (for himself, Mr. Young , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to include national discovery trails and designate the American Discovery Trail, and for other purposes.
1. Short title This Act may be cited as the National Discovery Trails Act . 2. National Trails System Act amendments (a) National discovery trails Section 3(a) of the National Trails System Act ( 16 U.S.C. 1242(a) ) is amended by inserting after paragraph (4) the following: (5) National discovery trails, established under section 5, which— (A) shall be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America’s trails and communities; (B) should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation; (C) may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands; and (D) shall not be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to regulate any use of land as provided for by law or regulation. . (b) Designation of the American discovery trail as a national discovery trail Section 5(a) of such Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (__) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail. . (c) Comprehensive national discovery trail plan Section 7 of such Act ( 16 U.S.C. 1246 ) is amended by adding at the end the following: (l) (1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: (A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, connecting the National Trails System to significant recreation and resources areas. (B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. (C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. (2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include— (A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; (B) general and site-specific trail-related development including costs; and (C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition on any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto. . 3. Conforming amendments The National Trails System Act is amended— (1) in section 2(b) ( 16 U.S.C. 1241(b) ), by striking scenic and historic and inserting scenic, historic, and discovery ; (2) in the section heading to section 5 ( 16 U.S.C. 1244 ), by striking and national historic and inserting , national historic, and national discovery ; (3) in section 5(a) ( 16 U.S.C. 1244(a) ), in the matter preceding paragraph (1)— (A) by striking and national historic and inserting , national historic, and national discovery ; and (B) by striking and National Historic and inserting , National Historic, and National Discovery ; (4) in section 5(b) ( 16 U.S.C. 1244(b) ), in the matter preceding paragraph (1), by striking or national historic and inserting , national historic, or national discovery ; (5) in section 5(b)(3) ( 16 U.S.C. 1244(b)(3) ), by striking or national historic and inserting , national historic, or national discovery ; (6) in section 7(a)(2) ( 16 U.S.C. 1246(a)(2) ), by striking and national historic and inserting , national historic, and national discovery ; (7) in section 7(b) ( 16 U.S.C. 1246(b) ), by striking or national historic each place such term appears and inserting , national historic, or national discovery ; (8) in section 7(c) ( 16 U.S.C. 1246(c) )— (A) by striking scenic or national historic each place it appears and inserting scenic, national historic, or national discovery ; (B) in the second proviso, by striking scenic, or national historic and inserting scenic, national historic, or national discovery ; and (C) by striking , and national historic and inserting , national historic, and national discovery ; (9) in section 7(d) ( 16 U.S.C. 1246(d) ), by striking or national historic and inserting national historic, or national discovery ; (10) in section 7(e) ( 16 U.S.C. 1246(e) ), by striking or national historic each place such term appears and inserting , national historic, or national discovery ; (11) in section 7(f)(2) ( 16 U.S.C. 1246(f)(2) ), by striking National Scenic or Historic Trail and inserting national scenic, historic, or discovery trail ; (12) in section 7(h)(1) ( 16 U.S.C. 1246(h)(1) ), by striking or national historic and inserting national historic, or national discovery ; and (13) in section 7(i) ( 16 U.S.C. 1246(i) ), by striking or national historic and inserting national historic, or national discovery . | https://www.govinfo.gov/content/pkg/BILLS-117s4693is/xml/BILLS-117s4693is.xml |
117-s-4694 | II 117th CONGRESS 2d Session S. 4694 IN THE SENATE OF THE UNITED STATES August 1, 2022 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support the preparation and retention of outstanding educators in all fields to ensure a bright future for children and youth in under-resourced and underserved communities in the United States, and for other purposes.
1. Short title This Act may be cited as the Addressing Teacher Shortages Act of 2022 . 2. Findings Congress finds the following: (1) Currently, there are not enough teachers to meet the demand for teachers in all locations and in all fields, creating a teacher shortage. The teacher shortage is a result of growing student enrollment, shrinking pupil-teacher ratios, declining enrollment in teacher preparation programs, and high levels of attrition from the field. Teacher shortages are particularly acute in rural schools and in certain subject areas, such as the fields of STEM, special education, and English as a second language. Additionally, there is a lack of racial diversity in the teaching workforce. (2) Rural schools serve 18 percent of all students in the United States, including over 9,000,000 students in rural public elementary and secondary schools. More than 40 percent of all small, rural local educational agencies in the United States struggle with adequately staffing their schools. These personnel shortages include difficulties both in recruiting and retaining educators. Shortages are especially pronounced in special education and STEM fields, when compared to urban teacher labor markets. (3) Rural communities face unique challenges in recruiting and retaining teachers for reasons such as funding, limited teacher supply, and geographic isolation. Rural schools often experience difficulty hiring and high turnover due to inadequate resources, lower salaries, and poor working conditions. (4) The demand for teachers is going unmet in some subject areas more so than others. In 2017–2018, 48 States reported shortages in mathematics, 46 in special education, 43 in science, 41 in foreign language, and 31 in English as a second language. (5) Although the share of teachers of color has been increasing, there is a gap in racial diversity between teachers of color who comprise 20 percent of the teacher workforce and students of color who account for 50 percent of students. (6) Data from the 2015–2016 National Teacher and Principal Survey show that millennial teachers are less likely to be racially diverse than the previous generation of Generation X teachers, suggesting that racial diversity in the teaching workforce could be declining in the future. (7) Research shows that better prepared teachers stay longer in the profession and are more effective in improving student achievement. For example, an analysis of the nationally representative Schools and Staffing Survey found that new recruits who had a semester or more of practice teaching prior to employment were more than 3 times less likely to leave teaching after a year than those who had no practice teaching. (8) Data from the 2012–2013 Schools and Staffing Survey show that the attrition rate for teachers is approximately 8 percent. It was higher for rural teachers, at 8.4 percent, than for suburban and urban teachers, at 7.3 and 7.9 percent, respectively. This high attrition rate is costly for local educational agencies, with the savings of replacing higher-earning, more experienced teachers mitigated by replacement costs. (9) High-quality mentoring and induction programs can offer support to teacher candidates and novice teachers throughout the teacher preparation and school placement experience, improving the likelihood that they will complete the training and certification process and remain in the profession. Evidence-based mentoring and induction programs have been shown to increase retention, accelerate the professional learning of novice teachers, and improve student achievement. (10) Teacher residencies create long-term benefits for local educational agencies, schools, and students. Research suggests that residencies bring greater gender and racial diversity into the teaching workforce and have significantly higher retention rates for graduates than traditional preparation programs. (11) Grow Your Own teacher preparation models provide a promising solution for hard-to-staff schools, such as those in rural communities. These models help to recruit graduates of local schools and members of the school’s community into the teaching profession. 3. Definitions In this Act: (1) General ESEA definitions The terms dual or concurrent enrollment program , elementary school , local educational agency , and secondary school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) 2+2 program The term 2+2 program means a partnership between a junior or community college, as defined in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ), and a 4-year degree-granting institution of higher education in which teacher candidates can begin teacher preparation in the junior or community college and fully transfer their credits to the 4-year institution of higher education, where the students complete their teacher preparation. (3) Certified teacher The term certified teacher means an individual who possesses a document certifying that the individual has met the full requirements of a State for employment as a teacher in the public schools of that State. (4) Eligible entity The term eligible entity means a local educational agency (including an entity described in subparagraph (B), (C), (D), or (E) of section 8101(30) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(30) )) or a consortium of such agencies. (5) Grow your Own program The term Grow Your Own program means a program that works to recruit graduates of local schools and members of the school’s community into the teaching profession of a school. (6) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (7) Induction program The term induction program has the meaning given the term in section 200(14) of the Higher Education Act of 1965 ( 20 U.S.C. 1021(14) ), except that— (A) the high-quality and structured teacher mentoring component described in subparagraph (A) of such section shall be led by a qualified mentor who teaches in the same or similar field, grade, or subject as the mentee; (B) the opportunities for new teachers described in subparagraph (D) of such section shall include opportunities for observation of, and feedback from, teacher mentors, faculty, and researchers; (C) the faculty included in the program, as described in subparagraph (F) of such section, shall also model personalized instruction; (D) the interdisciplinary collaboration described in subparagraph (G) of such section shall include preparation regarding the development, analysis, and use of formative, interim, and summative assessments; (E) the assistance provided under subparagraph (H) of such section with respect to student achievement data shall also include assistance with understanding classroom engagement data (such as attendance and discipline rates and other measures of school climate), and with understanding the applicability of both types of data to classroom instruction and design; and (F) the observation and evaluation opportunities under subparagraph (I) of such section shall be conducted in order to inform efforts to support new teachers and improve their practice. (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (9) Qualified mentor teacher The term qualified mentor teacher means an educator who— (A) meets a minimum set of qualification standards based in part on State-determined measures of teacher effectiveness; and (B) is selected by the grantee to— (i) host a teacher candidate mentee during clinical practice or residency in the classroom of the educator during a teacher preparation program, or provide induction support to a newly certified teacher mentee during the first 2 years of employment after completion of a teacher preparation program (including clinical practice); (ii) provide support for a teacher candidate mentee during clinical practice or a teacher residency program, or a beginning teacher mentee during an induction program, including information on the resources and support based at the school and the local educational agency serving the school; (iii) establish a role model relationship for a mentee; (iv) observe the mentee’s teaching methods in classroom settings and be observed modeling best practices; (v) provide mentoring to a mentee teaching in the same field, grade, or subject; and (vi) promote empirically based practice of, and scientifically valid research on, where applicable— (I) teaching and learning; (II) assessment of student learning; (III) the development of teaching skills through the use of instructional and behavioral interventions; and (IV) the improvement of the capacity of the mentees to create inclusive learning environments and measurably advance student learning among diverse learners. (10) Rural area The term rural area has the meaning given the term in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). (11) Rural school district The term rural school district means a school district that serves one or more schools located in a rural area. (12) Secretary The term Secretary means the Secretary of Education. (13) STEM The term STEM means science, technology, engineering, and mathematics. (14) Teaching residency program The term teaching residency program has the meaning given the term in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ), except that such term shall not include the requirement that the prospective teacher acquire a master’s degree prior to completion of the program, but instead shall earn a bachelor’s or a master’s degree prior to completion of the program. 4. Addressing Teacher Shortages Program (a) Addressing Teacher Shortages Program established (1) Grants authorized (A) In general From amounts made available to carry out this Act, the Secretary shall establish an Addressing Teacher Shortages Program, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out activities described in subsection (d) in continuous consultation with the schools served by the eligible entity. (B) Planning grants Notwithstanding subparagraph (A), the Secretary may use funds made available under this section, and not required for purposes of subsection (c)(2), to award, on a competitive basis, 1-year planning grants to eligible entities that have not received grants under subparagraph (A), to assist with the costs of preparing and submitting an application under subsection (b). (2) Duration A grant awarded under paragraph (1)(A)— (A) shall be for a period of at least 5 years; and (B) may be renewed if the eligible entity demonstrates sufficient positive outcomes as described in section 5 and evidence of potential for continued success in achieving the goals of the initial grant. (b) Application (1) In general An eligible entity desiring a grant under subsection (a)(1)(A) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall— (A) describe the selected activities described in subsection (d) for which assistance under this section is sought; (B) include a description of the evaluation plan required under section 5; (C) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this Act; and (D) if seeking support for a teaching residency program, demonstrate that the institution of higher education that is a partner in the eligible entity is approved to prepare candidates for State teaching licensure or certification. (c) Award basis (1) In general The Secretary shall determine the minimum number, and the dollar amount, of grants provided under this section based on the amount made available under section 7. (2) Award basis In awarding grants under this section, the Secretary shall— (A) reserve 5 percent of the grant funds available to carry out this section for the Secretary of the Interior, to enable the Secretary of the Interior to carry out the purposes of this Act in schools supported by the Bureau of Indian Education; and (B) use, from the amount remaining after the application of subparagraph (A) and to the extent practicable based on the applications received under subsection (b)— (i) not less than 25 percent of the remaining amount to address teacher shortage challenges in local educational agencies serving rural areas; (ii) not less than 25 percent of the remaining amount to address shortages in high-need subject areas; and (iii) not less than 25 percent of the grant funds available to diversify the teaching workforce. (3) Priority (A) In general Subject to subparagraph (B), in evaluating applications for grants under subsection (a)(1)(A), the Secretary shall provide a competitive priority for applications proposing programs that will— (i) address the shortages described in clauses (i) and (ii) of paragraph (2)(B); and (ii) include partnerships with minority-serving institutions, such as historically Black colleges and universities, Hispanic-serving institutions (as defined in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a )), or Tribal Colleges and Universities (as defined in section 316 of such Act ( 20 U.S.C. 1059c )). (B) Priority for teaching residency and Grow Your Own programs In reviewing applications for grants under subsection (a)(1)(A) that propose to cover costs associated with teaching residency programs or Grow Your Own programs, the Secretary shall provide a competitive priority to eligible entities that propose to carry out a program designed to prepare, for teaching licensure or certification, individuals who, as of the date of the individuals' application or acceptance into the program— (i) are employed by a local educational agency participating in the eligible entity as a paraprofessional, substitute teacher, or other employee of the school community; and (ii) have been so employed for not less than 3 years. (d) Use of funds A recipient of a grant under subsection (a)(1)(A) shall use grant funds for not less than one of the following activities: (1) Establishing or expanding teaching residency programs, which may include covering— (A) all or part of a resident’s tuition in exchange for a commitment to teach in the community for a minimum of 3 years; (B) resident salaries; (C) mentor teacher incentives; (D) facilities or infrastructure for a distance learning classroom within the school for onsite coursework and practical learning; and (E) any other purpose that the Secretary determines appropriate. (2) Establishing or expanding a teacher mentor program, which may include providing a training program or endorsement for school-based mentor teachers. (3) Establishing or expanding a Grow Your Own program. (4) Establishing or expanding a 2+2 program. (5) Establishing or expanding a program at an institution of higher education that encourages students majoring in STEM fields to take courses in education. (6) Establishing or expanding teacher preparation pathways in secondary schools. (7) Establishing or expanding other evidence-based strategies to increase teacher retention and support teachers, including— (A) increasing access to, and the effective use of, technology for the purpose of providing professional development to educators in rural or remote areas; (B) supporting teachers in fulfilling additional credit requirements needed for a teacher to— (i) become licensed or certified in additional subject areas; (ii) earn an additional qualification or licensure or certification endorsement that meets a specific need of the school in which the teacher is employed; (iii) earn additional qualifications to obtain National Board Certification; or (iv) qualify to teach Advanced Placement, International Baccalaureate, or dual or concurrent enrollment programs; (C) providing opportunities for career advancement that offer increased pay for teachers who demonstrate expertise and take on additional leadership roles; (D) establishing induction programs for novice teachers during their first 2 years in the profession; (E) (i) providing tuition assistance, a stipend, or a housing allowance during student teaching to student teachers participating in the program who commit to teaching placements that would address any of the shortages described in clause (i) or (ii) of subsection (c)(2)(B); and (ii) if the eligible entity chooses to do so, and only after assisting student teachers under clause (i), providing a stipend or housing allowance to teachers in their first or second year of teaching who commit to teaching placements that would address any of the shortages described in clause (i) or (ii) of subsection (c)(2)(B); or (F) providing professional development for school administrators focusing on teacher leadership or teacher retention. (e) Matching funds (1) In general An eligible entity that receives a grant under subsection (a)(1)(A) shall provide, toward the cost of the activities assisted under the grant and from non-Federal sources, an amount equal to or greater than the amount of the grant, subject to paragraph (2). (2) Reduction or waiver of matching funds If the Secretary determines necessary based on the economic condition of the eligible entity, the Secretary may— (A) determine that a lesser matching amount than described in paragraph (1) is required, based on a sliding scale; or (B) waive the requirements of paragraph (1). (f) Designated personnel for under-Resourced applications The Secretary shall designate not less than 1 employee who, during and preceding the application period for a grant under this Act, will exclusively support under-resourced eligible entities with the preparation of grant applications under subsection (a)(1)(A). 5. Evaluation and reporting (a) Evaluation Each entity submitting an application for a grant under section 4(a)(1)(A) shall establish, and include in such application, an evaluation plan that includes relevant and measurable performance objectives. At a minimum, the plan shall include objectives and measures for— (1) educator retention rates in the first 3 and 5 years for teachers, principals, and other educators participating in the program supported under the grant; (2) (A) pass rates and scaled scores for initial State licensure or certification of teachers for participating teachers; or (B) pass rates and average scores on valid and reliable teacher performance assessments for participating teachers; (3) the number of participating teachers, principals, and other educators who are hired by the high-need local educational agency; (4) the percentage of participating teachers, principals, and other educators who are members of underrepresented groups; (5) the percentage of participating teachers who teach high-need fields or academic subject areas such as STEM fields, language instruction educational programs for limited English proficient students, and special education; and (6) the percentage of participating teachers and other educators who teach in high-need schools, disaggregated by the elementary school and secondary school levels. (b) Reporting (1) Eligible entity reports (A) In general At the end of the third year and the fifth year of a grant awarded under section 4(a)(1)(A), each eligible entity receiving such grant shall prepare and submit to the Secretary a report regarding the program carried out under this Act, including the program's performance with respect to the objectives and measures described in subsection (a). (B) Additional reports In the case of an eligible entity whose grant under section 4(a)(1)(A) was renewed or was for an initial period of more than 5 years, the eligible entity shall submit a report described in subparagraph (A) on an annual basis for each year of the renewal or each year after the fifth year of the grant, respectively. (2) Secretary reports By not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives about the strengths and weaknesses of the grant program carried out under section 4. 6. Sense of the Senate It is the sense of the Senate that teaching should be formally recognized as a career pathway that is part of career and technical education, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), allowing early career pathway programs in education (especially in STEM education) to be eligible for funds available through programs that support career and technical education. 7. Authorization of appropriations There is authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2023 through 2028. | https://www.govinfo.gov/content/pkg/BILLS-117s4694is/xml/BILLS-117s4694is.xml |
117-s-4695 | II 117th CONGRESS 2d Session S. 4695 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Cramer (for himself and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a Western Water Cooperative Committee, and for other purposes.
1. Short title This Act may be cited as the Western Water Cooperative Committee Act . 2. Corps of Engineers Western Water Cooperative Committee (a) Findings Congress finds that— (1) a bipartisan coalition of 19 Western Senators wrote to the Office of Management and Budget on September 17, 2019, in opposition to the proposed rulemaking entitled Use of U.S. Army Corps of Engineers Reservoir Projects for Domestic, Municipal & Industrial Water Supply (81 Fed. Reg. 91556 (December 16, 2016)), describing the rule as counter to existing law and court precedent; (2) on January 21, 2020, the proposed rulemaking described in paragraph (1) was withdrawn; and (3) the Corps of Engineers should consult with Western States to ensure, to the maximum extent practicable, that operation of flood control projects in prior appropriation States is consistent with the principles of the first section of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 887, chapter 665; 33 U.S.C. 701–1 ) and section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ). (b) Establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary of the Army (referred to in this section as the Secretary ) shall establish a Western Water Cooperative Committee (referred to in this section as the Cooperative Committee ). (2) Purpose The purpose of the Cooperative Committee is to ensure that Corps of Engineers flood control projects in Western States are operated consistent with congressional directives by identifying opportunities to avoid or minimize conflicts between operation of Corps of Engineers projects and State water rights and water laws. (3) Membership (A) In general The Cooperative Committee shall be composed of— (i) the Assistant Secretary of the Army for Civil Works (or a designee); (ii) the Chief of Engineers (or a designee); (iii) 1 representative from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, who may serve on the Western States Water Council, to be appointed by the Governor of each State; (iv) 1 representative with legal experience from each of the States of Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, to be appointed by the Attorney General of each State; and (v) 1 employee from each of the impacted regional offices of the Bureau of Indian Affairs. (4) Meetings (A) In general The Cooperative Committee shall meet not less than once each year in a State represented on the Cooperative Committee. (B) Available to public Each meeting of the Cooperative Committee shall be open and accessible to the public. (C) Notification The Cooperative Committee shall publish in the Federal Register adequate advance notice of a meeting of the Cooperative Committee. (5) Duties The Cooperative Committee shall develop and make recommendations to avoid or minimize conflicts between the operation of Corps of Engineers projects and State water rights and water laws, which may include recommendations for legislation or the promulgation of policy or regulations. (6) Status updates (A) In general On an annual basis, the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written report that includes— (i) a summary of the contents of meetings of the Cooperative Committee; and (ii) a description of any recommendations made by the Cooperative Committee under paragraph (5), including actions taken by the Secretary in response to such recommendations. (B) Comment (i) In general Not later than 45 days following the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the Cooperative Committee an opportunity to comment on the contents of the meeting and any recommendations. (ii) Inclusion Comments provided under clause (i) shall be included in the report provided under subparagraph (A). (7) Compensation (A) In general Except as provided in subparagraph (B), the members of the Cooperative Committee shall serve without compensation. (B) Travel expenses The members of the Cooperative Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Cooperative Committee. (8) Maintenance of records The Cooperative Committee shall maintain records pertaining to operating costs and records of the Cooperative Committee for a period of not less than 3 years. | https://www.govinfo.gov/content/pkg/BILLS-117s4695is/xml/BILLS-117s4695is.xml |
117-s-4696 | II 117th CONGRESS 2d Session S. 4696 IN THE SENATE OF THE UNITED STATES August 1, 2022 Ms. Rosen (for herself and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of the Air Force to include the Modular Airborne Fire Fighting System mission as part of the basing criteria of the Air Force for C–130J aircraft for the Air National Guard.
1. Short title This Act may be cited as the Modernizing Aerial Fire Fighting Support (MAFFS) for the National Guard Act . 2. Requirement to include the Modular Airborne Fire Fighting System mission as part of the basing criteria for C–130J aircraft for the Air National Guard The Secretary of the Air Force shall include the Modular Airborne Fire Fighting System (MAFFS) mission as part of the basing criteria of the Air Force for C–130J aircraft for the Air National Guard. | https://www.govinfo.gov/content/pkg/BILLS-117s4696is/xml/BILLS-117s4696is.xml |
117-s-4697 | II 117th CONGRESS 2d Session S. 4697 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require limitations on research on potential pandemic pathogens of concern.
1. Short title This Act may be cited as the Securing America’s Federally-funded Extramural Risky Research Act or the SAFE Risky Research Act . 2. Limitations on countries of concern conducting certain research Beginning not later than 60 days after the date of the enactment of this Act, the Secretary shall prohibit federally-funded research conducted in a foreign institution involving pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act ( 42 U.S.C. 262a(a)(1) ) located in a country of concern, in the estimation of the Director of National Intelligence or the head of another relevant Federal department or agency, as appropriate, in consultation with the Secretary of Health and Human Services. | https://www.govinfo.gov/content/pkg/BILLS-117s4697is/xml/BILLS-117s4697is.xml |
117-s-4698 | II 117th CONGRESS 2d Session S. 4698 IN THE SENATE OF THE UNITED STATES August 1, 2022 Mr. Ossoff (for himself, Ms. Lummis , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Credit Union Act to modify requirements relating to the regulation and examination of credit union organizations and service providers.
1. Short title This Act may be cited as the Improving Cybersecurity of Credit Unions Act . 2. Findings Congress finds the following: (1) Until 2001, the National Credit Union Administration (referred to in this section as the NCUA ) maintained third-party examination authority over credit union organizations. (2) As of the date of enactment of this Act, other Federal and State bank supervisors maintain third-party examination authority over bank service companies pursuant to the Bank Service Company Act ( 12 U.S.C. 1861 et seq. ). (3) The Government Accountability Office, the Financial Stability Oversight Council, and the Inspector General of the NCUA have all requested the restoration of the NCUA’s third-party vendor authority. (4) As of the date of enactment of this Act, significant cybersecurity threats threaten credit unions and the economy of the United States. (5) By giving the NCUA examination parity with other Federal and State bank supervisors, and restoring third-party examination authority to the NCUA, this Act, and the amendments made by this Act, will protect credit union customers and strengthen credit unions against cybersecurity risks, privacy violations, and anti-money laundering concerns. 3. Regulation and examination of credit union organizations and service providers (a) In general The Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) is amended by striking section 206A ( 12 U.S.C. 1786a ) and inserting the following: 206A. Regulation and examination of credit union organizations and service providers (a) Regulation and examination of credit union organizations (1) General examination and regulatory authority A credit union organization shall be subject to examination and regulation by the Board to the same extent as an insured credit union. (2) Examination by other banking agencies The Board may authorize any of the following entities to make an examination of a credit union organization in accordance with paragraph (1): (A) Any Federal regulatory agency that supervises any activity of a credit union organization. (B) Any Federal banking agency that supervises any other person who maintains an ownership interest in a credit union organization. (b) Applicability of section 206 A credit union organization shall be subject to the provisions of section 206 as if the credit union organization were an insured credit union. (c) Service performed by contract or otherwise Notwithstanding subsection (a), if an insured credit union or a credit union organization that is regularly examined or subject to examination by the Board, causes to be performed for itself, by contract or otherwise, any service authorized under this Act, or in the case of a State credit union, any applicable State law, whether on or off its premises— (1) such performance shall be subject to regulation, examination, and enforcement by the Board to the same extent as if such services were being performed by the insured credit union or credit union organization itself on its own premises; and (2) the insured credit union or credit union organization shall notify the Board, in a manner and method prescribed by the Board, of the existence of the service relationship not later than 30 days after the earlier of— (A) the date on which the contract is entered into; or (B) the date on which the performance of the service is initiated. (d) Administration by the board The Board may issue such regulations and orders as may be necessary to enable the Board to administer and carry out this section and to prevent evasion of this section. (e) Definitions For purposes of this section— (1) the term credit union organization means any entity that— (A) is not a credit union; (B) is an entity in which an insured credit union may lawfully hold an ownership interest or investment; and (C) is owned in whole or in part by an insured credit union; and (2) the term Federal banking agency has the same meaning as in section 3 of the Federal Deposit Insurance Act. (f) Exercise of authority To minimize duplicative efforts, prior to conducting any examination of a credit union organization under the authority provided to the Board under this section, the Board shall first seek to collect any information which the Board intends to acquire through such examination from— (1) any Federal regulatory agencies that supervise any activity of that credit union organization; and (2) any Federal banking agency that supervises any other person who maintains an ownership interest in that credit union organization. . (b) Approval Any changes to the budget of the National Credit Union Administration Board as a result of the amendments made by subsection (a) shall be featured in a public hearing, subject to public comment, and approved by the Board. | https://www.govinfo.gov/content/pkg/BILLS-117s4698is/xml/BILLS-117s4698is.xml |
117-s-4699 | II 117th CONGRESS 2d Session S. 4699 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Cotton (for himself, Mr. Graham , Mr. Lankford , Mr. Boozman , Mr. Braun , Mr. Kennedy , and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide that the Federal Communications Commission may not prevent a State or Federal correctional facility from utilizing jamming equipment, and for other purposes.
1. Short title This Act may be cited as the Cellphone Jamming Reform Act of 2022 . 2. Limitation on FCC authority (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term correctional facility means a jail, prison, penitentiary, or other correctional facility; and (3) the term jamming system — (A) means a system of radio signal generating and processing equipment and antennas designed to disrupt, prevent, interfere with, or jam a wireless communication into, from, or within a correctional facility; and (B) includes the components and functionality of a system described in subparagraph (A), such as— (i) antennas, cabling, and cable elements; (ii) the installation, interconnection, and operation of system elements, power levels, and radio frequencies carried on the cables or fed into antennas; (iii) the radiation pattern of the antennas; and (iv) the location and orientation of the antennas. (b) Restriction (1) In general Notwithstanding any other provision of law or regulation, and subject to paragraph (2), the Commission may not prevent a State or Federal correctional facility from operating a jamming system within the correctional facility to prevent, jam, or otherwise interfere with a wireless communication that is sent— (A) to or from a contraband device in the facility; or (B) by or to an individual held in the facility. (2) Requirements With respect to a jamming system described in paragraph (1)— (A) the operation of the system shall be limited to the housing facilities of the correctional facility in which the system is located; (B) if the correctional facility that operates the system is a State correctional facility, the State that operates the correctional facility shall be responsible for funding the entire cost of the system, including the operation of the system; and (C) the correctional facility that operates the system shall— (i) before implementing the system, consult with local law enforcement agencies and other public safety officials in the area in which the facility is located; and (ii) submit to the Director of the Bureau of Prisons a notification regarding that operation. | https://www.govinfo.gov/content/pkg/BILLS-117s4699is/xml/BILLS-117s4699is.xml |
117-s-4700 | II 117th CONGRESS 2d Session S. 4700 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Blumenthal (for himself, Mr. Wyden , Ms. Warren , Mr. King , Mr. Bennet , Mrs. Murray , Ms. Hirono , Mr. Kaine , Mr. Durbin , Mr. Booker , Mr. Hickenlooper , Ms. Klobuchar , Mr. Van Hollen , Mr. Sanders , Mrs. Gillibrand , Mrs. Feinstein , Ms. Collins , Ms. Baldwin , Mr. Heinrich , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Equal Access to Contraception for Veterans Act . 2. Limitation on copayments for contraception Section 1722A(a)(2) of title 38, United States Code, is amended— (1) by striking to pay and all that follows through the period and inserting to pay— ; and (2) by adding at the end the following new subparagraphs: (A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or (B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a)(4) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4700is/xml/BILLS-117s4700is.xml |
117-s-4701 | II 117th CONGRESS 2d Session S. 4701 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Hassan introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To provide cybersecurity support for small business concerns through the small business development center program, and for other purposes.
1. Short title This Act may be cited as the Small Businesses Cybersecurity Act . 2. Small Business Cybersecurity Grants Section 21 of the Small Business Act ( 15 U.S.C. 648 ) is amended by adding at the end the following: (o) Cybersecurity Grants (1) Definitions In this section: (A) Rural area The term rural area has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (B) Small State The term small State means any State that is minimally funded by the funding formula of the Small Business Development Center Program under subsection (a)(4)(C). (C) State The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. (2) Grants (A) In general The Administrator shall establish a grant program under which the Administrator may award grants on a noncompetitive basis to small business development centers to support the cybersecurity needs of the small business concerns served by the small business development centers. (B) Grant criteria In awarding grants under this subsection, the Administrator may consider the following criteria: (i) The plan of the small business development center for the use of the grant funds, including how funds would benefit small business concerns in rural areas. (ii) Evidence submitted by the small business development center that the grant would increase the cybersecurity of the small business concerns that the small business development center serves, including evidence of past success in offering cybersecurity support to small business concerns. (C) Applications To be eligible for a grant under this subsection, a small business development center shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines is appropriate. (D) Use of Funds A small business development center may use amounts received under a grant under this subsection to support the cybersecurity of the small business concerns served by the small business development center, including— (i) cybersecurity training for employees of the small business concerns; (ii) reviews of the cybersecurity policies, plans, and procedures used by the small business concerns, including tabletop exercises to test the policies, plans, and procedures; (iii) testing of the cybersecurity standing of the small business concerns, including via penetration testing; and (iv) hiring consultants to support the cybersecurity needs of the small business concerns. (E) Grant Amount (i) Formula The Administrator shall establish a 3-tier formula for grant funding distribution based on the locations of small business development centers in one of the following categories: (I) Small States. (II) Medium-sized States, as defined by the Administrator. (III) Large States, as defined by the Administrator. (ii) Maximum Amount The maximum amount of a grant under this subsection shall be, for a small business development center located in— (I) a small State, $200,000; (II) a medium-sized State, $300,000; or (III) a large State, $400,000. (F) Duration of Grant The period of a grant under this subsection shall be 1 fiscal year. (G) Announcement of Grant Program The Administrator shall make widely available to the public information on the grant program under this subsection. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $20,000,000 for fiscal year 2023 and each fiscal year thereafter, to remain available until expended. . | https://www.govinfo.gov/content/pkg/BILLS-117s4701is/xml/BILLS-117s4701is.xml |
117-s-4702 | II 117th CONGRESS 2d Session S. 4702 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Kaine (for himself, Mrs. Feinstein , Mr. Cardin , Mr. Van Hollen , Mr. Warner , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To impose limits on excepting competitive service positions from the competitive service, and for other purposes.
1. Short title This Act may be cited as the Preventing a Patronage System Act of 2022 or the PPSA Act of 2022 . 2. Limitations on exception of competitive service positions (a) In general Notwithstanding section 3302 of title 5, United States Code, no position in the competitive service (as defined in section 2102 of that title) may be excepted from the competitive service unless that position is placed— (1) in any of schedules A through E, as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of title 5, Code of Federal Regulations, as in effect on September 30, 2020. (b) Subsequent transfers Notwithstanding section 3302 of title 5, United States Code, no position in the excepted service (as defined in section 2103 of that title) may be placed in any schedule other than a schedule described in subsection (a)(1). | https://www.govinfo.gov/content/pkg/BILLS-117s4702is/xml/BILLS-117s4702is.xml |
117-s-4703 | II 117th CONGRESS 2d Session S. 4703 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Cotton (for himself, Mr. Tuberville , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To direct the President to take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by the Chinese Communist Party, and for other purposes.
1. Short title This Act may be cited as the Securing America’s Land from Foreign Interference Act . 2. Prohibition on purchase of public or private real estate located in the United States by the Chinese Communist Party (a) In general Notwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by any member of the Chinese Communist Party or any foreign person acting for or on behalf of the Chinese Communist Party. (b) Definitions In this section: (1) Foreign person The term foreign person means an individual or entity that is not a United States person. (2) United States The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (3) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 3. Penalty amount under Agricultural Foreign Investment Disclosure Act of 1978 Section 3(b) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502(b) ) is amended by striking exceed 25 percent of and inserting be less than 10 percent, or exceed 25 percent, of . | https://www.govinfo.gov/content/pkg/BILLS-117s4703is/xml/BILLS-117s4703is.xml |
117-s-4704 | II 117th CONGRESS 2d Session S. 4704 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Tillis (for himself and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Comptroller General of the United States to submit a report regarding ways to improve the patent examination process at the United States Patent and Trademark Office, and for other purposes.
1. Short title This Act may be cited as the Patent Examination and Quality Improvement Act of 2022 . 2. Definitions In this Act: (1) Advanced data science analytics The term advanced data science analytics means techniques, such as artificial intelligence, machine learning, and other methods of analyzing large data sets, that may be used to make or implement policy recommendations. (2) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the Office. (3) Office The term Office means the United States Patent and Trademark Office. 3. Findings; sense of Congress (a) Findings Congress finds the following: (1) Patents and other forms of intellectual property are important engines of innovation, invention, and economic growth. (2) All people of the United States depend on clear patent rights to— (A) secure protection of their own innovations; and (B) enable them to avoid appropriating innovations that others have patented. (3) Recent studies— (A) indicate that many patents that the Office has issued do not satisfy the patentability requirements of title 35, United States Code; and (B) have shown that— (i) the Office has limited resources; and (ii) the resource limitation described in clause (i) negatively affects the ability of the Office to conduct thorough and complete patent examinations. (b) Sense of Congress It is the sense of Congress that Congress must do more to enable the Office to improve— (1) the quality of patents issued by the Office; and (2) the patent examination process at the Office. 4. GAO report on patent examination improvement Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report— (1) regarding how to improve the patent examination process at, and the overall quality of patents issued by, the Office; (2) that shall— (A) place a particular emphasis on improving the process described in paragraph (1)— (i) with respect to the application of the conditions and requirements of sections 101, 102, 103, and 112 of title 35, United States Code, including avoiding repetitive and unduly multiplied claims; and (ii) by more clearly defining what constitutes a clear and thorough search by a patent examiner throughout the entire patent examination process at the Office; (B) in part, rigorously evaluate previous and current (as of the date on which the report is submitted) initiatives and pilot programs of the Office relating to the quality of patents issued by the Office, which shall include analysis of— (i) the reasons those pilot programs— (I) were successful; (II) would have been successful with modifications; or (III) had irremediable flaws; and (ii) ways to use those pilot programs to beneficial effect in the future; (C) evaluate whether the Office needs to— (i) establish— (I) clear standards regarding what constitutes patent quality; and (II) patent quality metrics that— (aa) the Office can support; and (bb) patent applicants and the public can verify; (ii) provide additional time for patent examiners to examine patents; (iii) align non-compliance and clear errors with respect to the review of the work product of patent examiners; (iv) record examiner interviews and place those interviews in the record, either through audio files or automated transcriptions; (v) assign patent applications to examiners who are most qualified to examine those applications based on— (I) the technical background of the examiners; and (II) the number of applications that a particular examiner has already reviewed in a similar technical area; and (vi) establish a group that— (I) analyzes real-world circumstances, such as practices at other agencies and in the broader scientific community; and (II) uses information collected under subclause (I) to perform targeted reviews of certain patent applications, such as patent applications from applicants who have had scientific papers retracted; and (D) study evidence of fraud in the patent application process, which shall include suggestions to address any such fraud, such as a task force that is similar to the task force of the Office investigating suspicious activities with respect to trademark applications; and (3) that contains recommendations regarding ways to improve the training of patent examiners at the Office, with a particular emphasis on improving that training with respect to— (A) the application of the conditions and requirements of sections 101, 102, 103, and 112 of title 35, United States Code, including avoiding repetitive and unduly multiplied claims; (B) searches performed throughout the patent examination process to ensure that the Office issues fewer unclear and invalid patent claims; and (C) examination fields affected by emerging and complex technologies, including advanced data science analytics, to ensure that examiners are fully equipped to understand the applications of those technologies. 5. USPTO guidance on patent examination improvement Not later than 1 year after the date on which the Comptroller General of the United States submits the report required under section 4 (referred to in this section as the covered report ), the Director shall develop guidance for patent examiners at the Office— (1) regarding how to improve the patent examination process at, and the overall quality of patents issued by, the Office; and (2) that shall— (A) place a particular emphasis on improving the process described in paragraph (1)— (i) with respect to the application of the conditions and requirements of sections 101, 102, 103, and 112 of title 35, United States Code, including avoiding repetitive and unduly multiplied claims; and (ii) by more clearly defining what constitutes a clear and thorough search by a patent examiner throughout the entire patent examination process at the Office; and (B) take into consideration the findings and recommendations in the covered report. 6. Report Not later than 2 years after the date of enactment of this Act, the Director, after soliciting public comment, shall submit to Congress a report that includes— (1) an explanation of how the Office will improve the technical training of patent examiners at the Office with respect to emerging areas of technology; (2) the status of the capabilities of the information technology systems of the Office with respect to— (A) the examination of patents and trademarks; (B) proceedings conducted before— (i) the Patent Trial and Appeal Board of the Office; and (ii) the Trademark Trial and Appeal Board of the Office; and (C) the recordation of patent assignments; (3) a 5-year plan for further modernization of the information technology systems described in paragraph (2); and (4) an accounting of the use by the Office of advanced data science analytics, including from commercially available sources, to improve the patent examination process where appropriate, including— (A) a description of how the Office uses advanced data science analytics with respect to the examination of patents to— (i) ensure that patent claims have adequate support in the specifications with respect to those claims; (ii) improve clarity, quality, and consistency; (iii) detect common sources of error; (iv) improve productivity; and (v) ensure assignment of patent applications to the examiner best qualified to examine that application; (B) a 5-year plan for further development of advanced data science analytics for the uses described in subparagraph (A); and (C) a description of how the findings made as a result of the uses of advanced data science analytics under subparagraph (A) shall be made available to the public on a regular basis. | https://www.govinfo.gov/content/pkg/BILLS-117s4704is/xml/BILLS-117s4704is.xml |
117-s-4705 | II 117th CONGRESS 2d Session S. 4705 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Tillis (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To authorize the Secretary of Agriculture to relocate a memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash in the Cherokee and Nantahala National Forests during a training mission on August 31, 1982.
1. Relocation of memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash during a training mission on August 31, 1982 (a) In general With the consent of the owner of the private land adjacent to the Cherohala Skyway in the State of North Carolina on which there is located a memorial honoring the 9 members of the Air Force crew of the C–141B transport plane that crashed during a training mission over the Cherokee and Nantahala National Forests on August 31, 1982 (referred to in this section as the memorial ), and subject to subsections (b) through (e), the Secretary of Agriculture (referred to in this section as the Secretary ) may authorize, by special use authorization, the installation and any maintenance associated with the installation of the memorial at an appropriate site at the Stratton Ridge rest area located at mile marker 2 on the Cherohala Skyway in Graham County, North Carolina, in the Nantahala National Forest. (b) Site approval The site at which the memorial is installed under subsection (a) is subject to approval by the Secretary, in concurrence with— (1) the North Carolina Department of Transportation; and (2) in a case in which the site is located adjacent to a Federal-aid highway, the Administrator of the Federal Highway Administration. (c) Funding No Federal funds may be used to relocate, install, or maintain the memorial under subsection (a). (d) Costs The individual or entity requesting the installation of the memorial on National Forest System land under subsection (a) shall be responsible for the costs associated with the use of National Forest System land for the memorial, including the costs of— (1) processing the application for the relocation; (2) issuing a special use authorization for the memorial, including the costs associated with any related environmental analysis; and (3) relocating, installing, and maintaining the memorial. (e) Terms and conditions The special use authorization for the installation of the memorial under subsection (a) may include any terms and conditions that are determined to be appropriate by the Secretary, including a provision preventing any enlargement or expansion of the memorial. | https://www.govinfo.gov/content/pkg/BILLS-117s4705is/xml/BILLS-117s4705is.xml |
117-s-4706 | II 117th CONGRESS 2d Session S. 4706 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Whitehouse (for himself, Mr. Booker , Mr. Blumenthal , Mr. Schatz , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the duration of active service of the Chief Justice of the United States and associate justices of the Supreme Court of the United States, and for other purposes.
1. Short title This Act may be cited as the Supreme Court Tenure Establishment and Retirement Modernization Act of 2022 . 2. Supreme Court terms of office (a) In general Chapter 1 of title 28, United States Code, is amended by adding at the end the following: 7. Appointment (a) Regular appointment of justices The President shall, during the first and third years after a year in which there is a Presidential election, nominate, and by and with the advice and consent of the Senate, appoint a Chief Justice of the United States or an associate justice of the Supreme Court of the United States. (b) Exclusive method of appointment The President shall not appoint any Chief Justice of the United States or associate justice of the Supreme Court of the United States except as provided in this section. 8. Duration of Active Service (a) New justices A Chief Justice of the United States or an associate justice of the Supreme Court of the United States shall serve in regular active service for an 18-year period beginning on the date of the commission of the Chief Justice or associate justice, after which the justice shall be deemed to have retired from regular active service under section 371. (b) Current justices Each Chief Justice of the United States and associate justice of the Supreme Court of the United States who was appointed before the date of enactment of this section and who is serving as the Chief Justice or associate justice, as applicable, on the date of enactment of this section shall, notwithstanding the period of service of the justice, in order of duration of service beginning with the justice who has served on the Supreme Court of the United States for the longest period of time, be deemed to have retired from regular active service under section 371(b) upon the date of commission of each new Chief Justice or associate justice, as applicable, as they are appointed under section 7. . (b) Clerical amendment The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: 7. Appointment 8. Duration of Active Service . 3. Senior justices Section 294 of title 28, United States Code, is amended— (1) in subsection (d), by inserting , except as provided by subsection (e) before the period at the end; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) If number of justices of the Supreme Court of the United States falls below that provided in section 1 due to vacancy, disability, or disqualification, the Chief Justice or associate justice of the Supreme Court who has most recently retired from regular active service under section 371 but retained their office shall serve as an associate justice until the number of justices who have not retired from regular active service equals that provided in section 1. . | https://www.govinfo.gov/content/pkg/BILLS-117s4706is/xml/BILLS-117s4706is.xml |
117-s-4707 | II 117th CONGRESS 2d Session S. 4707 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Portman (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Buckeye Trail as a national scenic trail, and for other purposes.
1. Short title This Act may be cited as the Buckeye National Scenic Trail Feasibility Study Act of 2022 . 2. Buckeye National Scenic Trail Feasibility Study Section 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (48) Buckeye Trail The Buckeye Trail, a system of trails creating a loop extending approximately 1,454 miles from Lake Erie to the Ohio River, through the farmland of northwest Ohio, the hills of Appalachia, the Black Hand sandstone cliffs of the Hocking Hills region, and the Bluegrass region of southwest Ohio. . | https://www.govinfo.gov/content/pkg/BILLS-117s4707is/xml/BILLS-117s4707is.xml |
117-s-4708 | II 117th CONGRESS 2d Session S. 4708 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Blumenthal introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide coverage for wigs as durable medical equipment under the Medicare program, and for other purposes.
1. Providing coverage for wigs as durable medical equipment under the Medicare program Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ) is amended by adding at the end the following new sentence: Such term also includes cranial prostheses furnished to an individual, but only where the dermatologist, oncologist, or attending physician of the individual certifies in writing the medical necessity of such prostheses as part of a proposed course of rehabilitative treatment. . | https://www.govinfo.gov/content/pkg/BILLS-117s4708is/xml/BILLS-117s4708is.xml |
117-s-4709 | II 117th CONGRESS 2d Session S. 4709 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Luján (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to amend regulations to allow for certain packers to have an interest in market agencies, and for other purposes.
1. Short title This Act may be cited as the Expanding Local Meat Processing Act of 2022 . 2. Allowed interest of certain packers in market agencies (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 201.67 of title 9, Code of Federal Regulations (as in effect on the date of enactment of this Act), to exempt the packers described in subsection (b) from the prohibition described in that section. (b) Packers described A packer referred to in subsection (a) is a packer that— (1) with respect to cattle or sheep, has a cumulative slaughter capacity of less than— (A) 2,000 animals per day; or (B) 700,000 animals per year; and (2) with respect to hogs, has a cumulative slaughter capacity of less than— (A) 10,000 animals per day; or (B) 3,000,000 animals per year. | https://www.govinfo.gov/content/pkg/BILLS-117s4709is/xml/BILLS-117s4709is.xml |
117-s-4710 | II 117th CONGRESS 2d Session S. 4710 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To include phosphate and potash on the final list of critical minerals of the Department of the Interior.
1. Inclusion of phosphate and potash as critical minerals The list of critical minerals published in the notice of the Secretary of the Interior entitled 2022 Final List of Critical Minerals (87 Fed. Reg. 10381 (February 24, 2022)) shall be deemed to include phosphate and potash. | https://www.govinfo.gov/content/pkg/BILLS-117s4710is/xml/BILLS-117s4710is.xml |
117-s-4711 | II 117th CONGRESS 2d Session S. 4711 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to amend regulations relating to exemptions for engines and equipment for purposes of national security, and for other purposes.
1. Short title This Act may be cited as the First Responders’ Equipment Access Act . 2. Amendment to regulations exempting engines/equipment for national security Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 1068.225 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), to specify that an engine or equipment is exempt under that section without a request described in that section if the engine or equipment— (1) is for a marine vessel; (2) has a rated horsepower of 60 or less; and (3) will be owned by a Federal, State, or local emergency response or public safety agency responsible for domestic response or homeland security activities. | https://www.govinfo.gov/content/pkg/BILLS-117s4711is/xml/BILLS-117s4711is.xml |
117-s-4712 | II 117th CONGRESS 2d Session S. 4712 IN THE SENATE OF THE UNITED STATES August 2, 2022 Ms. Hassan (for herself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To clarify coverage of occupational therapy under the Medicare and Medicaid programs.
1. Short title This Act may be cited as the Occupational Therapy Mental Health Parity Act . 2. Clarifying coverage of occupational therapy under Medicare Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall provide education and outreach to stakeholders about the Medicare Benefit Policy Manual with respect to occupational therapy services furnished to individuals under the Medicare program for the treatment of a substance use or mental health disorder diagnosis using applicable Healthcare Common Procedure Coding System (HCPCS) codes. 3. Clarifying coverage of occupational therapy under Medicaid Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance clarifying that States may cover occupational therapy services furnished to individuals under the Medicaid program for the treatment of a substance use or mental health disorder diagnosis. | https://www.govinfo.gov/content/pkg/BILLS-117s4712is/xml/BILLS-117s4712is.xml |
117-s-4713 | II 117th CONGRESS 2d Session S. 4713 IN THE SENATE OF THE UNITED STATES August 2, 2022 Mr. Schatz (for himself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize the Federal Communications Commission to specify additional sources from which a radio station licensee must obtain information to enable the licensee to announce that a foreign governmental entity has paid for a broadcast.
1. Announcement of payment for broadcast Section 317(c) of the Communications Act of 1934 ( 47 U.S.C. 317(c) ) is amended to read as follows: (c) (1) The licensee of each radio station shall exercise reasonable diligence to obtain information to enable such licensee to make the announcement required by this section. (2) In carrying out paragraph (1), the licensee of a radio station shall consult— (A) its employees; (B) other persons with whom it deals directly in connection with any program or program matter for broadcast; and (C) any additional source of information the Commission designates that may enable the licensee to verify whether the matter broadcast by the radio station was paid for or furnished by a foreign governmental entity. (3) The licensee of a radio station shall— (A) obtain the information required under paragraph (1)— (i) when the licensee enters into an agreement to lease time on the radio station; and (ii) when the licensee renews any agreement described in clause (i); and (B) keep a record of the information required under paragraph (1). (4) For purposes of this subsection— (A) the term agent of a foreign principal means an agent of a foreign principal, as defined in section 1(c) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(c) )— (i) that is registered as such with the Attorney General under section 2 of that Act ( 22 U.S.C. 612 ); (ii) if the agent's foreign principal— (I) is a government of a foreign country or a foreign political party; or (II) is directly or indirectly operated, supervised, directed, owned, controlled, financed, or subsidized by the government of a foreign country or a foreign political party; and (iii) that is acting in its capacity as an agent of such foreign principal described in clause (ii); (B) the term foreign governmental entity includes— (i) the government of a foreign country; (ii) a foreign political party; (iii) an agent of a foreign principal; and (iv) a United States-based foreign media outlet (as defined in section 624); (C) the term foreign political party has the meaning given the term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(f) ); and (D) the term government of a foreign country has the meaning given the term in section 1(e) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(e) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s4713is/xml/BILLS-117s4713is.xml |
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