Division O — Extenders and Technical Corrections

117th Congress · Approved Dec 29, 2022 · 136 Stat. 4459

DIVISION O Extenders and Technical Corrections

TITLE I National Cybersecurity Protection System Authorization Extension

SEC. 101. Extension of Dhs Authority and Reporting.

Section 227(a) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1525(a)) is amended by striking “ the date that is 7 years after the date of enactment of this Act” and inserting “ September 30, 2023”.

TITLE II Ndaa Technical Corrections

SEC. 201. Basic Needs Allowance Technical Correction.

SEC. 202. Technical Correction Relating to Applicability of Agreement by a Cadet or Midshipman to Play Professional Sport Constituting Breach of Agreement to Serve as an Officer.

(a)

In General.— Section 553 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is amended by adding at the end the following new subsection:

“(d) Applicability.—The amendments made by this section shall only apply with respect to a cadet or midshipman who first enrolls in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after June 1, 2021.”

(b)

Effective Date.— The amendment made by subsection (a) shall take effect on the date of the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 and apply as if originally included in the enactment of such Act.

TITLE III Immigration Extensions

SEC. 301. E-Verify.

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be applied by substituting “September 30, 2023” for “September 30, 2015”.

SEC. 302. Non-Minister Religious Workers.

Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting “September 30, 2023” for “September 30, 2015”.

SEC. 303. H–2b Supplemental Visas Exemption.

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

SEC. 304. Rural Healthcare Workers.

Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied by substituting “September 30, 2023” for “September 30, 2015”.

TITLE IV Environment and Public Works Matters

SEC. 401. Establishment of Regional Commission for the Great Lakes.

(a)

Establishment.—

(1)

In general.— Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:

“(4) The Great Lakes Authority.”

(2)

Conforming amendment.— Section 15101(1) of title 40, United States Code, is amended by inserting “ or Authority” after “ a Commission”.

(b)

Designation of Region.—

(1)

In general.— Subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following:

“§ 15734. Great Lakes Authority

“The region of the Great Lakes Authority shall consist of areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:

“(1) Illinois.

“(2) Indiana.

“(3) Michigan.

“(4) Minnesota.

“(5) New York.

“(6) Ohio.

“(7) Pennsylvania.

“(8) Wisconsin.”

(2)

Clerical amendment.— The analysis for subchapter II of chapter 157 of title 40, United States Code, is amended by adding at the end the following:

“15734. Great Lakes Authority.”.

SEC. 402. Reauthorization of National Wildlife Refuge System Volunteer Services, Community Partnership, and Refuge Education Programs.

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

SEC. 404. Patrick Leahy Lake Champlain Basin Program.

(a)

In General.— Section 120 of the Federal Water Pollution Control Act (33 U.S.C. 1270) is amended—

(1)

in the section heading, by inserting “ patrick leahy” before “ lake”;

(2)

by inserting “ Patrick Leahy” before “ Lake Champlain Basin Program” each place it appears;

(3)

in subsection (g)(1), in the paragraph heading, by striking “ Lake” and inserting “ Patrick leahy lake”; and

(4)

by amending subsection (i) to read as follows:

“(i) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator to carry out this section $35,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.”

(b)

Conforming Amendment.— Section 1201(c) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended by inserting “ Patrick Leahy” before “ Lake Champlain Basin Program”.

(c)

References.— Any reference in law, regulation, map, document, paper, or other record of the United States to the “Lake Champlain Basin Program” shall be deemed to be a reference to the Patrick Leahy Lake Champlain Basin Program.

SEC. 405. Clean School Bus Program.

Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended—

(1)

in subsection (a)—

(A)

in paragraph (4)—

(i)

in subparagraph (A)—

(I)

by inserting “ , lease, license, or contract for service” after “ to sell”; and

(II)

by inserting “ , lease, license, or contract for service” after “ that own”; and

(ii)

in subparagraph (B), by inserting “ , lease, license, or contract for service” before the period at the end; and

(B)

in paragraph (5)(A)—

(i)

in clause (i)(II), by inserting “ , lease, license, or contract for service” after “ purchase”;

(ii)

in clause (iii), by striking “ or” at the end;

(iii)

by redesignating clause (iv) as clause (v);

(iv)

by inserting after clause (iii) the following:

“(iv) a charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)) responsible for the purchase, lease, license, or contract for service of school buses for that charter school; or”

; and

(v)

in subclause (II) of clause (v) (as so redesignated), by inserting “ , lease, license, or contract for service” after “ purchase”; and

(2)

in subsection (b)(5)(A), by inserting “ , except that, if the award is to an eligible contractor and the contract with the local educational agency (including charter schools operating as local educational agencies under State law) ends before the end of the 5-year period, those school buses may be operated as part of another local educational agency eligible for the same or higher priority consideration under paragraph (4), subject to the limitations under paragraph (7)” before the semicolon at the end.

TITLE V Safety Enhancements

SEC. 501. Amendments to the Flight Crew Alerting Requirements.

(a)

In General.— Chapter 447 of title 49, United States Code, is amended by inserting after section 44743 the following:

“§ 44744. Flight crew alerting

“(a) In General.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category airplane unless such airplane incorporates a flight crew alerting system that, at a minimum—

“(1) displays and differentiates among warnings, cautions, and advisories; and

“(2) includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures.

“(b) Limitation.—The prohibition in subsection (a) shall not apply to any application for an original or amended type certificate that was submitted to the Administrator prior to December 27, 2020.

“(c) Safety Enhancements.—

“(1) Restriction on airworthiness certificate issuance.—Beginning on the date that is 1 year after the date on which the Administrator issues a type certificate for the Boeing 737-10, the Administrator may not issue an original airworthiness certificate for any Boeing 737 MAX aircraft unless the Administrator finds that the type design for the aircraft includes safety enhancements that have been approved by the Administrator.

“(2) Restriction on operation.—Beginning on the date that is 3 years after the date on which the Administrator issues a type certificate for the Boeing 737-10, no person may operate a Boeing 737 MAX aircraft unless—

“(A) the type design for the aircraft includes safety enhancements approved by the Administrator; and

“(B) the aircraft was—

“(i) produced in conformance with such type design; or

“(ii) altered in accordance with such type design.

“(d) Definitions.—In this section:

“(1) Boeing 737 max aircraft.—The term ‘Boeing 737 MAX aircraft’ means any—

“(A) Model 737 series aircraft designated as a 737-7, 737-8, 737-8200, 737-9, or 737-10; or

“(B) other variant of a model described in subparagraph (A).

“(2) Safety enhancement.—The term ‘safety enhancement’ means any design change to the flight crew alerting system approved by the Administrator for the Boeing 737-10, including—

“(A) a—

“(i) synthetic enhanced angle-of-attack system; and

“(ii) means to shut off stall warning and overspeed alerts; or

“(B) any design changes equivalent to subparagraph (A) determined appropriate by the Administrator.”

(b)

Repeal of ACSAA Section 116(b)(1).— Section 116 of the Aircraft Certification, Safety, and Accountability Act (49 U.S.C. 44704 note) is amended by striking subsection (b) and inserting the following:

“(b) Prohibition.—Beginning on December 27, 2022, the Administrator may not issue a type certificate for a transport category aircraft unless, in the case of a transport category aircraft other than a transport airplane, the type certificate applicant provides a means acceptable to the Administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures (including by cockpit or flight manual procedures).”

(c)

Costs.— Any costs associated with the safety enhancements required by section 44744 of title 49, United States Code, as added by subsection (a), shall be borne by the holder of the type certificate.

(d)

Congressional Briefings.— Not later than March 1, 2023, and on a quarterly basis thereafter, the Administrator shall brief Congress on the status of—

(1)

the issuance of a type certificate for the Boeing 737-7 and 737-10, including any design enhancements, pilot procedures, or training requirements resulting from system safety assessments; and

(2)

the implementation of safety enhancements for Boeing 737 MAX aircraft, as required by section 44744 of title 49, United States Code, as added by subsection (a).

(e)

Clerical Amendment.— The chapter analysis for chapter 447 of title 49, United States Code, is amended by inserting after the item relating to section 44743 the following:

“44744. Flight Crew Alerting.”.

TITLE VI Extension of Temporary Order for Fentanyl-Related Substances

SEC. 601. Extension of Temporary Order for Fentanyl-Related Substances.

Effective as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (Public Law 116–114), section 2 of such Act is amended by striking “ December 31, 2022”and inserting “ December 31, 2024”.

TITLE VII Federal Trade Commission Oversight of Horseracing Integrity and Safety Authority

SEC. 701. Federal Trade Commission Oversight of Horseracing Integrity and Safety Authority.

Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3053(e)) is amended to read as follows:

“(e) Amendment by Commission of Rules of Authority.—The Commission, by rule in accordance with section 553 of title 5, United States Code, may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this Act as the Commission finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this Act and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this Act.”

TITLE VIII United States Parole Commission Extension

SEC. 801. United States Parole Commission Extension.

(a)

Short Title.— This section may be cited as the “United States Parole Commission Additional Extension Act of 2022”.

(b)

Amendment of Sentencing Reform Act of 1984.— For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to “35 years and 46 days” or “35-year and 46-day period” shall be deemed a reference to “36 years” or “36-year period”, respectively.

(c)

Effective Date.— Subsection (b) shall take effect as though enacted as part of the Further Continuing Appropriations and Extensions Act, 2023.

(d)

Superseded Provision.— Section 103 of division B of the Further Continuing Appropriations and Extensions Act, 2023 shall have no force or effect.

TITLE IX Extension of Fcc Auction Authority

SEC. 901. Extension of Fcc Auction Authority.

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking “ December 23, 2022” and inserting “ March 9, 2023”.

TITLE X Budgetary Effects

SEC. 1001. Budgetary Effects.

(a)

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

(b)

Senate Paygo Scorecards.— The budgetary effects of this division and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).

(c)

Classification of Budgetary Effects.— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and each succeeding division shall not be estimated—

(1)

for purposes of section 251 of such Act;

(2)

for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and

(3)

for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

(d)

Balances on the PAYGO Scorecards.—

(1)

Fiscal year 2023.— For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the second session of the 117th Congress, and for determining whether a sequestration order is necessary under such section, the debit for the budget year on the 5-year scorecard, if any, and the 10-year scorecard, if any, shall be deducted from such scorecards in 2023 and added to such scorecards in 2025.

(2)

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

Division O — Extenders and Technical Corrections