[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8294 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8294
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation, Housing and Urban
Development, Agriculture, Rural Development, Energy and Water
Development, Financial Services and General Government, Interior,
Environment, Military Construction, and Veterans Affairs Appropriations
Act, 2023''.
SEC. 2. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 3. REFERENCES TO REPORT.
(a) Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2023.--Any reference to a ``report
accompanying this Act'' contained in division A of this Act shall be
treated as a reference to House Report 117-402. The effect of such
Report shall be limited to division A and shall apply for purposes of
determining the allocation of funds provided by, and the implementation
of, division A.
(b) Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2023.--Any reference to a
``report accompanying this Act'' contained in division B of this Act
shall be treated as a reference to House Report 117-392. The effect of
such Report shall be limited to division B and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division B.
(c) Energy and Water Development and Related Agencies
Appropriations Act, 2023.--Any reference to a ``report accompanying
this Act'' contained in division C of this Act shall be treated as a
reference to House Report 117-394. The effect of such Report shall be
limited to division C and shall apply for purposes of determining the
allocation of funds provided by, and the implementation of, division C.
(d) Financial Services and General Government Appropriations Act,
2023.--Any reference to a ``report accompanying this Act'' contained in
division D of this Act shall be treated as a reference to House Report
117-393. The effect of such Report shall be limited to division D and
shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division D.
(e) Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2023.--Any reference to a ``report accompanying
this Act'' contained in division E of this Act shall be treated as a
reference to House Report 117-400. The effect of such Report shall be
limited to division E and shall apply for purposes of determining the
allocation of funds provided by, and the implementation of, division E.
(f) Military Construction, Veterans Affairs, and Related Agencies
Appropriations Act, 2023.--Any reference to a ``report accompanying
this Act'' contained in division F of this Act shall be treated as a
reference to House Report 117-391. The effect of such Report shall be
limited to division F and shall apply for purposes of determining the
allocation of funds provided by, and the implementation of, division F.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2023.
DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $176,000,000
(increased by $1,000,000) (reduced by $1,000,000) (reduced by
$2,000,000): 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) $27,089,000 (reduced by $1,000,000) shall be available
for the Office of the General Counsel;
(4) $17,400,000 shall be available for the Office of the
Under Secretary of Transportation for 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) $42,402,000 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) $18,533,000 shall be available for the Office of
Intelligence, Security, and Emergency Response;
(11) $29,195,000 (reduced by $1,000,000) shall be available
for the Office of the Chief Information Officer;
(12) $1,500,000 shall be available for the Office of Tribal
Government Affairs; and
(13) $2,000,000 shall be available for the Office of
Multimodal Freight Infrastructure and Policy:
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 any
change in funding greater than 7 percent shall be subject to the
requirements of section 405 of this Act: 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.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $66,963,000 (reduced by
$15,000,000) (increased by $15,000,000), of which $52,780,000 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 section 6702 of title 49,
United States Code, $775,000,000 (increased by $2,000,000) (increased
by $1,000,000) (reduced by $1,000,000), 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 $30,000,000 (increased by
$1,000,000) shall be awarded to projects in historically disadvantaged
communities or areas of persistent poverty as such term is 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 and shall
prioritize transit, transit oriented development, multimodal, intercity
passenger rail, and pedestrian 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 $50,000,000:
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
shall apply to projects under this heading the Federal requirements
that the Secretary determines are appropriate based on the purpose of
the National Infrastructure Investments program, the requirements
expressly stated under this heading, the requirements expressly stated
in chapter 67 of title 49, United States Code, and the Federal
requirements applicable to comparable projects supported by other
Department of Transportation financial assistance programs, including
domestic preference requirements, contracting opportunities for small
and disadvantaged businesses, and labor practices: 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 paragraphs (3) and (4) of section 6702(d) of title 49, United
States Code.
thriving communities initiative
(including transfer of funds)
For necessary expenses for a thriving communities program,
$100,000,000, to remain available until September 30, 2025: Provided,
That the Secretary of Transportation shall make such amounts available
for technical assistance and cooperative agreements to develop and
implement technical assistance, planning, and capacity building to
improve and foster thriving communities through transportation
improvements: Provided further, That the Secretary may enter into
cooperative agreements with philanthropic entities, non-profit
organizations, other Federal agencies, state or local governments and
their agencies, Indian Tribes, or other technical assistance providers,
to provide such technical assistance, planning, and capacity building
to state, local, or Tribal governments, United States territories,
metropolitan planning organizations, transit agencies, or other
political subdivisions of state or local governments: 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, reduce pollution from
transportation sources, expand affordable transportation options,
facilitate efficient land use, preserve or expand jobs, improve housing
conditions, enhance connections to health care, education, and food
security, or improve health outcomes: 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),
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 second proviso under this
heading that request assistance through the thriving communities
program: Provided further, That planning and technical assistance made
available under this heading may include pre-application assistance for
capital projects eligible under titles 23, 46, and 49, United States
Code: Provided further, That the Secretary may retain amounts made
available under this heading for the necessary administrative expenses
of (1) developing and disseminating best practices, modeling, and cost-
benefit analysis methodologies to assist entities described in the
second 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
such amounts and payments as may be necessary to carry out the thriving
communities program may be transferred to appropriate accounts of other
operating administrations within the Department of Transportation:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations not later than 3 business days prior to a
transfer carried out under the preceding proviso.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $3,800,000,
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.
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 so 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, $15,000,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $19,648,000, to remain available until expended: Provided,
That of such amount, $7,136,000 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.
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, $7,094,000, 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, $354,827,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the 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.
electric vehicle fleet
(including transfer of funds)
For necessary expenses for the Department's transition to the
General Services Administration's leased vehicle fleet, and for the
purchase of zero emission passenger motor vehicles and supporting
charging or fueling infrastructure, $11,000,000, to remain available
until September 30, 2025: Provided, That such amounts are in addition
to amounts otherwise available for such purposes: Provided further,
That amounts made available under this heading may be transferred to
other accounts of the Department of Transportation for the purposes
specified under this heading: Provided further, That the Secretary
shall notify the House and Senate Committees on Appropriations not
later than 3 business days prior to a transfer carried out under the
preceding proviso.
administrative provisions--office of the secretary of transportation
Section 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.
Sec. 102. The Secretary shall post on the web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 107. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary provides notification in writing to the following
committees: the House and Senate Committees on 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.
Federal Aviation Administration
operations
(airport and airway trust fund)
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, $11,870,000,000, to remain available until September
30, 2024, of which $9,993,821,000 to be derived from the Airport and
Airway Trust Fund: Provided, That of the amounts made available under
this heading--
(1) not less than $1,645,018,000 shall be available for
aviation safety activities;
(2) $8,760,044,000 shall be available for air traffic
organization activities;
(3) $33,675,000 (increased by $1,000,000) (reduced by
$1,000,000) shall be available for commercial space
transportation activities;
(4) $915,049,000 shall be available for finance and
management activities;
(5) $65,581,000 shall be available for NextGen and
operations planning activities;
(6) $153,447,000 shall be available for security and
hazardous materials safety; and
(7) $297,186,000 (reduced by $1,000,000) (increased by
$1,000,000) 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 $187,800,000
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)
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,
$2,900,000,000, of which $570,000,000 is for personnel and related
expenses and shall remain available until September 30, 2024,
$1,803,600,000 (reduced by $115,000,000) (increased by $115,000,000) is
for equipment and shall remain available until September 30, 2025, and
$526,400,000 is for 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 specified for each Budget Line Item in the
table included in the ``Facilities and Equipment Spend Plan for Fiscal
Year 2023 Infrastructure Investment and Jobs Act Funding'' section of
the Federal Aviation Administration FY 2023 President's Budget, as
submitted to the House and Senate Committees on Appropriations, 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.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $260,500,000 (increased by $10,000,000) (reduced by $10,000,000)
(increased by $1,000,000) (reduced by $1,000,000), to be derived from
the Airport and Airway Trust Fund and to remain available until
September 30, 2025: Provided, That there may be credited to this
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
report accompanying this Act: Provided further, That not to exceed 10
percent of any funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding level
specified under this heading in the report 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 less than $137,372,000 shall be available for
administration, $15,000,000 shall be available for the Airport
Cooperative Research Program, $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, $272,604,000, 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 amounts
made available under this heading, $172,604,000 is for Community
Project Funding for the purposes, and in the amounts, specified for
this account in the table titled ``Transportation, Housing and Urban
Development Incorporation of Community Project Funding Items'' included
in the report accompanying this Act: Provided further, That any funds
made available under this heading in this Act that remain available
after the distribution of funds under the preceding proviso shall be
available to the Secretary to distribute as discretionary grants to
airports: 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
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2023.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or 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.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. 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.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation 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.
Sec. 117. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 118. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119. None of the funds made available by this Act may be used
to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 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.
Sec. 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.
Sec. 119C. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Sec. 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.
Sec. 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 non-contiguous states.
Sec. 119F. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services, or other
aviation tenants, located at those airports closed during a temporary
flight restriction (TFR) for any residence of the President that is
designated or identified to be secured by the United States Secret
Service, and for direct and incremental financial losses incurred while
such airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or distributed
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services until an
independent audit is completed: Provided further, That losses incurred
as a result of violations of law, or through fault or negligence, of
such operators and service providers or of third parties (including
airports) are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full release
of the United States Government for all claims for financial losses
resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $476,783,991 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 or transferred to the Appalachian
Regional Commission for administrative activities associated with the
Appalachian Development Highway System.
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 (reduced by $1,000,000)
(increased by $1,000,000) 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 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 $1,755,060,641:
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; or (2) the Appalachian Development Highway System as authorized
under section 1069(y) of Public Law 102-240, and shall not affect the
distribution or amount of funds provided in any other Act: Provided
further, That section 11101(e) of Public Law 117-58 shall apply to
amounts 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 funds made available
under this heading, the Federal Highway Administration may retain an
amount of $3,000,000 (reduced by $2,000,000), to remain available until
expended, to fund the oversight of projects carried out with funds made
available under this heading: Provided further, That of the funds made
available under this heading--
(1) $1,275,060,641 shall be made available for Community
Project Funding for the purposes, and in the amounts, specified
for this account in the table titled ``Transportation, Housing
and Urban Development Incorporation of Community Project
Funding Items'' included in the report 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 the Appalachian States according to the
percentages derived from the 2021 Appalachian Development
Highway System Cost-to-Complete Estimate, adopted in
Appalachian Regional Commission Resolution Number 788, 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 2021 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) $75,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123 of
the FAST Act (23 U.S.C. 201 note), of which not less than
$37,500,000 shall be for competitive grants to tribal
governments;
(4) $12,000,000 shall be for the regional infrastructure
accelerator demonstration program authorized under section 1441
of the FAST Act (23 U.S.C. 601 note): Provided, That for funds
made available under this paragraph, the Federal share of the
costs shall be, at the option of the recipient, up to 100
percent;
(5) $30,000,000 shall be for the national scenic byways
program under section 162 of title 23, United States Code:
Provided, That, except as otherwise provided under this
heading, the funds made available under this paragraph shall be
administered as if apportioned under chapter 1 of title 23,
United States Code;
(6) $100,000,000 shall be for the safe streets and roads
for all grant program under section 24112 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 402 note), to remain
available until expended: Provided, That notwithstanding
section 24112(c)(2)(B) of Public Law 117-58, of the total
amount made available under this paragraph in this Act, the
Secretary may award less than 40 percent to eligible projects
described in 24112(a)(3)(A) of Public Law 117-58, but shall
award not less than 20 percent to such projects: Provided
further, That amounts made available under this paragraph in
this Act may be transferred to and merged with the
appropriations for ``Office of the Secretary'';
(7) $100,000,000 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), to
remain available until expended: 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;
(8) $2,000,000 shall be for grants to eligible entities to
carry out activities to benefit pollinators on roadsides and
highway rights-of-way under section 11528 of the Infrastructure
Investment and Jobs Act (23 U.S.C. 332);
(9) $55,000,000 shall be for the healthy streets program
under section 11406 of the Infrastructure Investment and Jobs
Act (23 U.S.C. 149 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;
and
(10) $5,000,000 shall be for a cooperative series of
agreements to examine the impacts of culverts, roads, and
bridges on threatened or endangered salmon populations.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2023, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the 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 sections 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.
Sec. 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: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 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 provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days 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: Provided, That the written
notification required in the preceding proviso shall be made not later
than 180 days after the date of enactment of this Act.
Sec. 124. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
its intent to use its authority under this section and submits an
annual report to the Secretary identifying the projects to which the
funding would be applied. Notwithstanding the original period of
availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in
which the Secretary is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
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.
Sec. 125. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the criteria that were in effect prior to April
17, 2018.
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,
$367,500,000 (reduced by $10,000,000) (increased by $10,000,000), 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 amounts made available under this heading--
(1) $398,500,000, to remain available for obligation until
September 30, 2024, shall be for the motor carrier safety
assistance program;
(2) $42,650,000, to remain available for obligation until
September 30, 2024, shall be for the commercial driver's
license program implementation program;
(3) $58,800,000, to remain available for obligation until
September 30, 2024, shall be for the high priority program;
(4) $1,200,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
operators grant program; and
(5) $5,000,000, to remain available for obligation until
September 30, 2024, shall be for the commercial motor vehicle
enforcement training and support grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
Sec. 131. 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 such term is defined in section 31132 of
such title, who are transporting livestock, as such term is 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,
$230,000,000, 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: 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 of any exercise of the authority granted under the
preceding proviso or under section 405(a)(8) of title 23, United States
Code, within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $250,449,000 (reduced by $1,000,000) (increased
by $1,000,000), of which $25,000,000 shall remain available until
expended.
railroad research and development
For necessary expenses for railroad research and development,
$47,000,000, to remain available until expended: Provided, That of the
amounts made available 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, $555,000,000, to remain available until
expended: Provided, That amounts made available under the heading
``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' in this Act may be used as non-Federal share for projects
located on the Northeast Corridor selected for award under section
24911 of title 49, United States Code, notwithstanding subsection (f)
of such section: Provided further, That amounts made available under
the heading ``National Network Grants to the National Railroad
Passenger Corporation'' in this Act may be used as non-Federal share
for projects not located on the Northeast Corridor selected for award
under section 24911 of title 49, United States Code, notwithstanding
subsection (f) of such section: 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.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements grants, as authorized by section 22907 of title
49, United States Code, $630,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) not less than $150,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes;
(2) not less than $25,000,000 shall be for projects
eligible under section 22907(c)(11) of title 49, United States
Code: Provided, That for amounts made available in this
paragraph, the Secretary shall give preference to projects that
are located in counties with the most pedestrian trespasser
casualties; and
(3) $5,000,000 shall be for preconstruction planning
activities and capital costs related to the deployment of
magnetic levitation transportation projects:
Provided further, That for amounts made available under this heading,
eligible projects under section 22907(c)(8) of title 49, United States
Code, shall also include railroad systems planning (including the
preparation of regional intercity passenger rail plans and State Rail
Plans) and railroad project development activities (including railroad
project planning, preliminary engineering, design, environmental
analysis, feasibility studies, and the development and analysis of
project alternatives): Provided further, That section 22907(e)(1)(A)
of title 49, United States Code, shall not apply to amounts made
available under this heading: 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: Provided further,
That unobligated balances remaining after 6 years after the date of
enactment of this Act may be used for any eligible project under
section 22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the amounts made
available under this heading in this Act for 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 (Public Law 117-58),
$882,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the amounts made
available under both this heading in this Act and the ``National
Network Grants to the National Railroad Passenger Corporation'' heading
in this Act to fund the costs of project management and oversight of
activities authorized by section 22101(c) of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided further, That in
addition to the project management oversight funds authorized under
section 22101(c) of the Infrastructure Investment and Jobs Act (Public
Law 117-58), the Secretary may retain up to an additional $1,000,000 of
the amounts made available under this heading in this Act to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code: Provided further,
That notwithstanding section 24911(f) of title 49, United States Code,
amounts made available under this heading in this Act may be used as
non-Federal share for projects located on the Northeast Corridor
selected for award under section 24911 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 (Public Law 117-58),
$1,463,000,000, to remain available until expended: Provided, That the
National Railroad Passenger Corporation may use up to 10 percent of the
amounts made available under this heading in this Act to support
planning and capital costs, and operating assistance consistent with
the Federal funding limitations under section 22908 of title 49, United
States Code, of corridors selected under section 25101 of title 49,
United States Code, that are operated by the National Railroad
Passenger Corporation: Provided further, That notwithstanding section
24911(f) of title 49, United States Code, amounts made available under
this heading in this Act may be used as non-Federal share for projects
not located on the Northeast Corridor selected for award under section
24911 of title 49, United States Code: Provided further, That none of
the funds made available 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 rescission)
(including transfer of funds)
Sec. 150. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 151. Amounts made available in this and prior Acts 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 may be transferred to the Federal Railroad
Administration's ``Financial Assistance Oversight and Technical
Assistance'' account for 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 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.
Sec. 152. Amounts made available under the heading ``Department of
Transportation--Federal Railroad Administration--Restoration and
Enhancement'' in any prior fiscal years are subject to the requirements
of section 22908 of title 49, United States Code, as in effect on the
effective date of the Infrastructure Investment and Jobs Act (Public
Law 117-58): Provided, That the limitation in subsection (e)(2) of
section 22908 of title 49, United States Code, shall not apply to
amounts made available for grants under such section in any prior Act.
Sec. 153. Amounts transferred to a ``Financial Assistance
Oversight and Technical Assistance'' account pursuant to section 802 of
title VIII of the Infrastructure Investment and Jobs Appropriations Act
(division J of Public Law 117-58), as amended by section 156 of this
title, from amounts appropriated for fiscal year 2023 may also be used
by the Federal Railroad Administration for the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code, and for the State-Supported Route Committee established under
section 24712(a) of title 49, United States Code, including to assist
the Federal Railroad Administration with the delivery of projects
carried out with amounts made available under the headings ``Department
of Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'', ``Department
of Transportation--Federal Railroad Administration--National Network
Grants to the National Railroad Passenger Corporation'', and
``Department of Transportation--Federal Railroad Administration--
Federal-State Partnership for Intercity Passenger Rail Grants'' in such
title: Provided, That the Federal Railroad Administration shall notify
the House and Senate Committees on Appropriations not less than 15 days
prior to making any amounts available to the Northeast Corridor
Commission or State-Supported Route Committee pursuant to this section:
Provided further, That amounts repurposed by this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 154. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Northeast Corridor
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended--
(1) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
(2) in the fifth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare and
submit''; and
(3) in the tenth proviso, by striking ``, to facilitate a
coordinated and efficient delivery of projects carried out
under this heading in this Act'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 155. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--National Network
Grants to the National Railroad Passenger Corporation'' in title VIII
of division J of Public Law 117-58 is amended--
(1) in the third proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall submit'';
and
(2) in the fourth proviso, by striking ``Secretary of
Transportation shall submit'' and inserting ``Secretary of
Transportation, in consultation with Amtrak, shall prepare and
submit'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 156. Section 802 of title VIII of division J of Public Law
117-58 is amended--
(1) in the first proviso, by inserting ``that could be''
after ``amounts''; and
(2) in the second proviso, by inserting ``that could be''
after ``amounts'':
Provided, That amounts repurposed by the amendments made by this
section that were previously designated by the Congress as an emergency
requirement pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 or a concurrent resolution on the budget are
designated as an emergency requirement pursuant to section 4001(a)(1)
of S. Con. Res. 14 (117th Congress), the concurrent resolution on the
budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th
Congress) as engrossed in the House of Representatives on June 8, 2022.
Sec. 157. Of the unobligated balances of funds remaining from the
``Rail Line Relocation and Improvement Program'' account totaling
$1,811,124.16 appropriated by Public Law 112-10 is hereby permanently
rescinded.
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 sections 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340 of title 49, United States Code, section 20005(b) of MAP-21
(Public Law 112-141), and section 3006(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94), $13,634,000,000
(reduced by $1,000,000) (increased by $1,000,000), 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 sections 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5334, 5335, 5337, 5339,
and 5340 of title 49, United States Code, section 20005(b) of MAP-21
(Public Law 112-141), and section 3006(b) of the Fixing America's
Surface Transportation Act (Public Law 114-94), 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 competitive
grants under section 5339(b) of title 49, United States Code, low or no
emission grants under section 5339(c) of such title, passenger ferry
grants under section 5307(h) of such title, bus testing facilities
under section 5318 of such title, Community Project Funding for
projects and activities eligible under chapter 53 of such title,
administrative expenses and ongoing program management oversight as
authorized under sections 5334 and 5338(c)(2) of such title, ferry
service for rural communities under section 71103 of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and competitive integrated
smart mobility grants, $646,428,324, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act--
(1) $200,000,000 shall be for buses and bus facilities
competitive grants as authorized under section 5339(b) of such
title;
(2) $75,000,000 shall be for low or no emission grants as
authorized under section 5339(c) of such title: Provided, That
for amounts made available in this paragraph, the minimum grant
award shall be not less than $750,000;
(3) $20,000,000 shall be for passenger ferry grants as
authorized under section 5307(h) of such title;
(4) $2,000,000 shall be for the operation and maintenance
of the bus testing facilities selected under section 5318 of
such title: Provided, That for amounts made available in this
paragraph, the Federal cost share shall be 100 percent;
(5) $267,428,324 shall be for Community Project Funding for
the purposes, and in the amounts, specified for this account in
the table titled ``Transportation, Housing and Urban
Development Incorporation of Community Project Funding Items''
included in the report accompanying this Act: Provided, That
unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph, except that the
Federal share of the costs for a project in this paragraph
shall be in an amount equal to 80 percent of the net costs of
the project, unless the Secretary approves a higher maximum
Federal share of the net costs of the project consistent with
administration of similar projects funded under chapter 53 of
title 49, United States Code;
(6) $2,000,000 shall be for administrative expenses and
ongoing program management oversight as authorized under
sections 5334 and 5338(c)(2) of title 49, United States Code,
including for administering amounts made available for
Community Project Funding in paragraph (5) under this heading
in this Act, and shall be in addition to any other
appropriations available for such purpose;
(7) $30,000,000 shall be for ferry service for rural
communities under section 71103 of the Infrastructure
Investment and Jobs Act (Public Law 117-58): Provided, That
for amounts made available in this paragraph, notwithstanding
section 71103(a)(2)(B), eligible service shall include
passenger ferry service that serves at least two rural areas
with a single segment over 20 miles between the two rural areas
and is not otherwise eligible under section 5307(h) of title
49, United States Code: Provided further, That entities that
provide eligible service pursuant to the preceding proviso may
use amounts made available in this paragraph for public
transportation capital projects to support any ferry service
between two rural areas: Provided further, That entities
eligible for amounts made available in this paragraph shall
only provide ferry service to rural areas; and
(8) $50,000,000 shall be for integrated smart mobility
grants to recipients eligible under sections 5307 and 5311 of
title 49, United States Code, for planning and capital projects
eligible under chapter 53 of such title that support the
adoption of innovative approaches to mobility that will improve
safety, accessibility, air-quality, and equity in access to
community services and economic opportunities: Provided, That
such innovative approaches may include changes to service
frequencies, patterns, areas of coverage, and first and last
mile options such as optimizing transit route planning and
using integrated travel planning and payment systems; fare
improvement projects; deployment of transit ambassadors; data
and systems integration; and other activities designed to
improve public transportation services: Provided further, That
the Secretary shall give preference to projects that will
improve access to jobs and affordable housing; enhance
connections to health care, education, and food security;
improve health outcomes; address how individuals without access
to advanced technology will benefit from such innovative
solutions; or include job retention and retraining for current
employees: Provided further, That the Secretary shall award
not less than 5 but not more than 10 integrated smart mobility
grants with amounts made available in this paragraph: Provided
further, That the Secretary shall award, to not less than 3
distinct recipients, not less than 1 such grant to a recipient
eligible under section 5307 of title 49, United States Code,
not less than 1 such grant to a recipient eligible under
section 5311 of title 49, United States Code, and not less than
1 such grant to a recipient eligible under section 5307 or 5311
of title 49, United States Code, that provides commuter rail
passenger transportation: Provided further, That capital and
operating expenses shall be eligible for amounts made available
in this paragraph: Provided further, That an eligible
subrecipient under section 5307 or 5311 of title 49, United
States Code, shall be eligible to be a direct recipient:
Provided further, That the Federal share for planning and
capital projects funded with amounts made available in this
paragraph shall not exceed 80 percent of the net project cost:
Provided further, That the Federal share for operating expenses
funded with amounts made available in this paragraph shall not
exceed 50 percent of the net project cost: Provided further,
That the Secretary shall not waive requirements in section 5333
of title 49, United States Code, for projects funded with
amounts made available in this paragraph: Provided further,
That unless otherwise specified, applicable requirements under
chapter 53 of title 49, United States Code, shall apply to
amounts made available in this paragraph:
Provided further, That amounts made available under this heading in
this Act shall be derived from the general fund: Provided further,
That amounts made available under this heading in this Act shall not be
subject to any limitation on obligations for transit programs set forth
in this or any other Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $8,000,000, 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: Provided further, That amounts made
available under this heading are in addition to any other amounts made
available for such purposes: Provided further, That amounts made
available under this heading shall not be subject to any limitation on
obligations set forth in this or any other Act.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(Public Law 114-94), $3,012,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading in this Act, $1,897,166,000 shall be available for projects
authorized under section 5309(d) of title 49, United States Code,
$40,714,000 shall be available for projects authorized under section
5309(e) of title 49, United States Code, $94,000,000 shall be available
for projects authorized under section 5309(h) of title 49, United
States Code, and $350,000,000 shall be available for projects
authorized under section 3005(b) of the Fixing America's Surface
Transportation Act (Public Law 114-94): 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 (Public Law 114-94):
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 (Public Law 114-94) 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) of the Fixing America's Surface Transportation
Act (Public Law 114-94): Provided further, That upon submission to the
Congress of the fiscal year 2024 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on capital
investment grants, including proposed allocations for fiscal year 2024.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the 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
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
section 5338 of title 49, United States Code, previously made available
for obligation, or to any other authority previously made available for
obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in the report accompanying 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.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2022, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grants program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 165. Of the amounts made available under the heading
``Department of Transportation--Federal Transit Administration--Capital
Investment Grants'' in this Act, $600,000,000 shall be made available
for allocation to recipients with existing full funding grant
agreements under sections 5309(d) and 5309(e) of title 49, United
States Code, that received allocations for fiscal year 2022 and have
either (1) a capital investment grant share of 40 percent or less; or
(2) signed a full funding grant agreement between January 20, 2017 and
January 20, 2021: Provided, That recipients with projects open for
revenue service shall not be eligible to receive an allocation of
funding under this section: Provided further, That amounts shall be
provided to recipients proportionally based on the non-capital
investment grant share of the project: Provided further, That no
project may receive an allocation of more than 40 percent of the total
amount in this section: Provided further, That the Secretary shall
proportionally distribute funds in excess of such 40 percent to
recipients for which the percent of funds does not exceed 40 percent:
Provided further, That a recipient may not receive an allocation of
funding under this section if the recipient has (1) expended less than
75 percent of the allocations received under paragraph (4) of section
3401(b) of the American Rescue Plan Act of 2021 (Public Law 117-2); and
(2) expended less than 50 percent of the federal operating assistance
allocations received under section 5307 of title 49, United States
Code, in the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136), the Coronavirus Response and Relief Supplemental
Appropriations Act, 2021 (Public Law 116-260), or the American Rescue
Plan Act of 2021 (Public Law 117-2): Provided further, That amounts
allocated pursuant to this section shall be provided to eligible
recipients notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the project under
section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided
further, That the Federal Transit Administration shall allocate amounts
under this section no later than 30 days after the date of enactment of
this Act.
Sec. 166. 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 Further Consolidated Appropriations Act,
2020 (Public Law 116-94) are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2023, for an additional amount for
fiscal year 2023, to remain available until September 30, 2024, and
shall be available for the same purposes and under the same authorities
for which such amounts were originally provided in Public Law 116-94.
Sec. 167. Notwithstanding section 5302(4)(L) of title 49, United
States Code, fuel for vehicle operations, including the cost of
utilities used for the propulsion of electrically driven vehicles, may
be treated, at the option of the recipient, as an associated capital
maintenance item for purposes of grants made under sections 5307 and
5311 of such title in fiscal year 2023: Provided, That an amount equal
to not more than 5 percent of the total funding allocated under section
5307 or 5311 of such title to an urbanized area, state, or territory in
fiscal year 2023 may be obligated for such purpose from available
amounts allocated in fiscal year 2023 or prior years.
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, $41,500,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to section 210 of the Water
Resources Development Act of 1986 (33 U.S.C. 2238): Provided, That of
the amounts made available under this heading, not less than
$14,800,000 shall be for the seaway infrastructure program: Provided
further, That not more than $1,000,000 of the unobligated balances from
the amounts made available for capital asset renewal activities under
this heading or 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
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.
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 the tanker security fleet program, as authorized under chapter
534 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, $192,000,000: Provided, That of the amounts made
available under this heading--
(1) $87,848,000, to remain available until September 30,
2024, shall be for the operations of the United States Merchant
Marine Academy;
(2) $11,900,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $6,000,000, to remain available until September 30,
2024 shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $14,819,000, to remain available until expended, shall
be for the America's Marine Highway Program to make grants for
the purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code:
Provided further, That the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees on
Appropriations the annual report on sexual assault and sexual
harassment at the United States 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, $77,700,000: Provided, That
of the amounts made available under this heading--
(1) $30,500,000, to remain available until expended, shall
be 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, to
remain available until expended, 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, including travel costs
for students, faculty and crew, the costs of the general agent,
crew costs, fuel, insurance, operational fees, and vessel hire
costs, as determined by the Secretary;
(2) $35,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration,
design of school ships, and necessary expenses to construct
infrastructure to berth such ships;
(3) $2,400,000, to remain available until September 30,
2027, shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2024, shall be for direct payments for State Maritime
Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$6,000,000, to remain available until expended.
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, $300,000,000, 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 of the amounts made available under this heading in this
Act, not less than $275,000,000 shall be for coastal seaports or Great
Lakes ports: Provided further, That amounts made available under this
heading in this Act may not be used for the purchase or installation of
fully automated cargo handling equipment or terminal infrastructure
that is designed for fully automated cargo handling equipment:
Provided further, That for the purposes of the preceding proviso,
``fully automated cargo handling equipment'' means cargo handling
equipment that is remotely operated or remotely monitored and does not
require the exercise of human intervention or control: Provided
further, That for grants awarded under this heading in this Act, the
minimum grant size shall be $1,000,000: Provided further, That the
proceeds of Federal credit assistance under chapter 6 of title 23,
United States Code, or chapter 224 of title 49, United States Code,
shall be considered to be part of the non-Federal share of project
costs if the loan is repayable from non-Federal funds, unless otherwise
requested.
administrative provision--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be 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, $30,150,000, 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, $70,710,500, to 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), $187,800,000, to remain available
until September 30, 2025, of which $29,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $151,400,000 shall be
derived from the Pipeline Safety Fund; of which $400,000 shall be
derived from the fees collected under section 60303 of title 49, United
States Code, and deposited in the Liquefied Natural Gas Siting Account
for compliance reviews of liquefied natural gas facilities; and of
which $7,000,000 shall be derived from fees collected under section
60302 of title 49, United States Code, and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose of carrying
out section 60141 of title 49, United States Code: Provided, That not
less than $1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program: Provided further, That
any amounts made available under this heading in this Act or in prior
Acts for research contracts, grants, cooperative agreements or research
other transactions agreements (``OTAs'') shall require written
notification to the House and Senate 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.), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (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.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State 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.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway 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.
Sec. 185. None of the funds made available by this Act or in title
VIII of division J of the Infrastructure Investment and Jobs Act
(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.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the 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.
Sec. 187. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on 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.
Sec. 188. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 189. 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.
Sec. 190. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
23 of the United States Code utilizing geographic, economic, or any
other hiring 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.
Sec. 191. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2023''.
TITLE 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, $18,000,000, 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, $690,900,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $97,000,000 shall be available for the Office of the
Chief Financial Officer;
(2) $126,100,000 shall be available for the Office of the
General Counsel, of which not less than $18,500,000 shall be
for the Departmental Enforcement Center;
(3) $239,566,000 shall be available for the Office of
Administration, of which not less than $3,500,000 may be for
modernization and deferred maintenance of the Weaver Building;
(4) $54,776,000 shall be available for the Office of the
Chief Human Capital Officer;
(5) $32,058,000 shall be available for the Office of the
Chief Procurement Officer;
(6) $66,200,000 shall be available for the Office of Field
Policy and Management;
(7) $5,000,000 shall be available for the Office of
Departmental Equal Employment Opportunity; and
(8) $70,200,000 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,
$1,091,200,000, to remain available until September 30, 2024:
Provided, That of the sums appropriated under this heading--
(1) $285,900,000 shall be available for the Office of
Public and Indian Housing;
(2) $158,100,000 shall be available for the Office of
Community Planning and Development;
(3) $488,500,000 shall be available for the Office of
Housing, of which not less than $13,000,000 shall be for the
Office of Recapitalization;
(4) $41,600,000 shall be available for the Office of Policy
Development and Research;
(5) $105,800,000 (increased by $105,800,000) (reduced by
$105,800,000) shall be available for the Office of Fair Housing
and Equal Opportunity; and
(6) $11,300,000 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, $27,042,932,000 (increased by $24,000,000)
(reduced by $24,000,000), 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 the amounts made available under this heading are provided as
follows:
(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 funds provided under this paragraph and prior
Acts 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 amounts repurposed pursuant to the
preceding proviso 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: Provided further, That costs associated with
any forgone increases in tenant rent payments due to the
implementation of rent incentives as authorized pursuant to
waivers or alternative requirements of the Jobs-Plus initiative
as described under the heading ``Self-Sufficiency Programs''
shall be renewed: Provided further, That costs associated with
any forgone increases in tenant rent payments due to the
implementation of rent incentives as authorized pursuant to
waivers or alternative requirements of the Jobs-Plus initiative
as described under the heading ``Self-Sufficiency Programs''
shall be renewed: 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 the date of 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 $100,000,000 shall be available
only: (1) 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; (2) 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); (3) for adjustments for
costs associated with HUD-Veterans Affairs Supportive Housing
(HUD-VASH) vouchers; (4) for public housing agencies that
despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate
rental assistance as a result of insufficient funding; (5) 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; (6) 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 (7) 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.);
(2) $230,000,000 shall be 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, the family unification program under section 8(x) of the
Act, 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 of the amounts made
available under this paragraph, up to $10,000,000 shall be
available to provide public housing agencies with enhanced
vouchers for families residing in State-assisted projects
financed between 1970 and 1979 that were subject to a use
agreement under the Low-Income Housing Preservation and
Resident Homeownership Act of 1990 (title VI of Public Law 101-
625; LIHPRHA) or the Emergency Low Income Housing Preservation
Act of 1987 (title II of Public Law 100-242; ELIHPA) on the
date the affordability protections at such projects expire or
terminate during calendar years 2022 and 2023: Provided
further, That that the State housing finance agency shall
submit the request to the Secretary for enhanced vouchers for
families residing in such eligible State-assisted projects no
later than the latter of 120 days prior to the expiration or
termination of affordability protections at such projects or
120 days after enactment of this Act: Provided further, That
such enhanced vouchers shall not be considered replacement
vouchers: Provided further, 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 to
the extent that the Secretary determines that such units are
not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units to
another project or projects and owner or owners, any remaining
amounts associated with such units under such contract shall be
recaptured and such recaptured amounts, in an amount equal to
the cost of rental assistance provided pursuant to the previous
proviso, up to the total amounts recaptured, shall be
transferred to and merged with amounts under this paragraph:
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 United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous two provisos,
including, but not limited to, requirements for defining
eligible at-risk households not later than 60 days after the
date of enactment of this 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) $2,756,932,000 (reduced by $1,000,000) (increased by
$1,000,000) shall be for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program, of which up to $10,000,000
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
$2,746,932,000 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 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 (1) 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 (2) 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 of the amounts made
available under this paragraph, up to $5,000,000 shall be
available for a pilot program for public housing agencies that
partner with administering entities under the Projects for
Assistance in Transition from Homelessness (PATH) program as
authorized by the Stewart B. McKinney Homeless Assistance
Amendments Act of 1990 or other eligible entities, as
determined by the Secretary, to assist persons with serious
mental illness: Provided further, That the amounts made
available in the preceding proviso shall be for incremental
rental voucher assistance, including project-based vouchers,
under such section 811 for non-elderly persons with serious
mental illness, and for administrative and other expenses of
public housing agencies: Provided further, That in awarding
assistance under such pilot program the Secretary may give
bonus points to public housing agencies giving preference to
individuals referred from the Coordinated Entry System (CES) or
operating a Family Self-Sufficiency program: Provided further,
That in administering such pilot program, the Secretary may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers in
connection with the use of funds made available under such
pilot (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 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 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) $50,000,000 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 of the amounts made available under this
paragraph, up to $5,000,000 may be allocated to public housing
agencies administering temporary case management and supportive
services to HUD-VASH eligible veterans that have not yet
received a referral from 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;
(7) $30,000,000 shall be made 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 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 for new incremental
voucher assistance to assist eligible youth as defined
by such section 8(x)(2)(B): 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) $1,100,000,000 (increased by $24,000,000) (reduced by
$24,000,000) shall be made available for new incremental
voucher assistance under section 8(o) of the United States
Housing Act of 1937 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));
(9) $25,000,000 shall be for mobility-related services, as
defined by the Secretary, for voucher families with children
modeled after services provided in connection with the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6): Provided, That the Secretary shall make
funding available to public housing agencies on a competitive
basis and shall give preference to public housing agencies with
higher concentrations of housing choice voucher families with
children residing in high-poverty neighborhoods: Provided
further, That the Secretary may recapture from the public
housing agencies unused balances based on utilization of such
awards and reallocate such amounts to any other public housing
agency or agencies based on need for such mobility-related
services as identified under such competition; and
(10) the Secretary shall separately track all special
purpose vouchers funded under this heading: Provided, That the
Secretary may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the use of funds made available
for new incremental voucher assistance or renewals for the
Mainstream program, the HUD-VASH program (in consultation with
the Secretary of the Department of Veterans Affairs), and the
family unification program (including the Foster Youth to
Independence program) in this and prior Acts (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
voucher assistance in such respective programs.
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)), $8,733,500,000 (increased by $65,000,000,000) (reduced by
$65,000,000,000), to remain available until September 30, 2026:
Provided, That the amounts made available under this heading are
provided as follows:
(1) $5,038,500,000 (reduced by $12,500,000) (increased by
$12,500,000) shall be available to the Secretary to allocate
pursuant to the Operating Fund formula at part 990 of title 24,
Code of Federal Regulations, for 2023 payments: Provided, That
the amount of any forgone increases in tenant rent payments due
to the implementation of rent incentives as authorized pursuant
to waivers or alternative requirements of the Jobs-Plus
initiative as described under the heading ``Self-Sufficiency
Programs'' shall be factored into the PHA's general operating
fund eligibility pursuant to such formula;
(2) $25,000,000 shall be available to 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) $3,400,000,000 (increased by $65,000,000,000) (reduced
by $65,000,000,000) shall be available to 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) $65,000,000 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 $45,000,000 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 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 United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of
such 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: Provided
further, That amounts made available under this paragraph may
be used for competitive grants to public housing agencies that
improve water and energy efficiency, or reduce the risk of harm
to occupants or property from natural hazards;
(6) $15,000,000 shall be 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;
(7) $50,000,000 shall be to support ongoing public housing
financial and physical assessment activities;
(8) $75,000,000 shall be available to improve the energy or
water efficiency or climate resilience of public housing,
including for competitive grants to public housing agencies for
capital improvements to achieve such purposes: Provided, That
of the amounts made available under this paragraph, up to
$20,000,000, shall be available for utility benchmarking,
including research and evaluations, technical assistance, to
develop systems and tools necessary to collect and analyze PHA
utility benchmarking data, to remain available until September
30, 2026: Provided further, That for purposes of environmental
review, grants under this paragraph shall be considered funds
for projects or activities under title I of the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of
section 26 of such Act (42 U.S.C. 1437x) and shall be subject
to the regulations implementing such section:
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 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,
$450,000,000, 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 the Secretary may specify a period of
affordability that is less than 20 years with respect to owner-occupied
homeownership units developed with grants from amounts made available
under this heading: 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 $225,000,000 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, $175,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $125,000,000 shall be 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:
Provided further, That an owner or sponsor of a multifamily
property receiving project-based rental assistance under
section 8 of such Act shall be eligible to receive awards from
the Secretary under this paragraph in this and prior Acts to
support family self-sufficiency coordinators as established in
the final rule ``Streamlining and Implementation of Economic
Growth, Regulatory Relief, and Consumer Protection Act Changes
to Family Self-Sufficiency (FSS) Program'' published in the
Federal Register on May 17, 2022 (87 Fed. Reg. 30020):
Provided further, That owners or sponsors of a multifamily
property receiving project-based rental assistance under
section 8 of such Act may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the preceding proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) of such Act and shall allow owners to use funding from
residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program;
(2) $35,000,000 shall be 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.): Provided,
That amounts made available under this paragraph may be made
available for grant renewal for the Resident Opportunity and
Self-Sufficiency program for any public housing agency or owner
of a multifamily property receiving project-based rental
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f) that lost any amount of funding for the
Resident Opportunity and Self-Sufficiency program as a result
of participation in the program created under the heading
``Rental Assistance Demonstration'' in the Department of
Housing and Urban Development Appropriations Act, 2012 (Public
Law 112-55), as amended (42 U.S.C. 1437f note); and
(3) $15,000,000 shall be 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 or owners or sponsors of multifamily properties
receiving project-based rental assistance under section 8,
that, in partnership with 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 provide support to help public housing
residents, or tenants residing in units assisted under a
project-based section 8 contract (including section 8(o)(13) of
the United States Housing Act of 1937), obtain employment or
increase earnings, or both: 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: Provided further, That the
costs of any rent incentives as authorized pursuant to such
waivers or alternative requirements shall not be charged
against the competitive grant amounts made available under this
paragraph.
native american programs
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, $1,000,000,000, to remain available until September 30,
2027: Provided, That the amounts made available under this heading are
provided as follows:
(1) $772,000,000 shall be 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 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 amounts in prior Acts may also be used
for the necessary costs of administering and overseeing such
amounts;
(3) $1,000,000 shall be 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;
(4) $70,000,000 shall be 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 purposes, shall be 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
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 costs 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.
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.), $10,000,000, 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, to remain available until September 30, 2024, in total
loan principal: 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.), $600,000,000, 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 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, $5,299,157,664 (increased by $3,000,000,000) (reduced
by $3,000,000,000) (increased by $1,000,000) (reduced by $1,000,000)
(reduced by $1,000,000) (increased by $1,000,000) (increased by
$3,000,000,000) (reduced by $3,000,000,000), to remain available until
September 30, 2026, unless otherwise specified: Provided, That of the
total amount provided under this heading, $3,300,000,000 (increased by
$3,000,000,000) (reduced by $3,000,000,000) (reduced by $1,000,000)
(increased by $1,000,000) (increased by $3,000,000,000) (reduced by
$3,000,000,000) is 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 further, That unless explicitly provided for under
this heading, not to exceed 20 percent of any grant made with funds
made available under this heading 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
heading 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 heading 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: Provided further,
That of the total amount provided under this heading, $25,000,000 shall
be for activities authorized under section 8071 of the SUPPORT for
Patients and Communities Act (Public Law 115-271): Provided further,
That the funds allocated pursuant to the preceding proviso shall not
adversely affect the amount of any formula assistance received by a
State under the first proviso: 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 2019 based on data from the Centers for Disease
Control and Prevention: Provided further, That of the total amount
made available under this heading, $1,974,157,664 shall be available
for grants for the Economic Development Initiative (EDI) for the
purposes, and in amounts, specified for Community Project Funding in
the table titled ``Transportation, Housing and Urban Development
Incorporation of Community Project Funding Items'' included in the
report accompanying this Act: Provided further, That none of the
amounts made available in the preceding proviso shall be used for
reimbursement of expenses incurred prior to the obligation of funds:
Provided further, That the Department of Housing and Urban Development
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That for fiscal year 2023
section 105(a)(8) of the Act (42 U.S.C. 5305(a)(8)) and section
570.201(e) of title 24, Code of Federal Regulations, shall not apply
for public services activities to prevent, prepare for, and respond to
homelessness and emergency rental assistance needs.
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: Provided further, That
$60,000,000, to remain available until September 30, 2025, shall be for
competitive economic development grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974, as
amended, for projects that improve community resilience by supporting
distributed clean energy plus storage, flood-control infrastructure, or
redevelopment of brownfields or grayfields, such as foreclosed, vacant,
contaminated, abandoned, or blighted properties, obsolete manufactured
housing, vacant shopping malls, landfills, or otherwise underutilized
commercial or industrial properties: Provided further, That no funds
made available under this heading may be used to establish loan loss
reserves for the section 108 Community Development Loan Guarantee
program: Provided further, That amounts made available under this
heading may be used for the payment of costs associated with private
sector financing of debt obligations and fees collected in connection
with the section 108 Community Development Loan Guarantee program.
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.), $1,675,000,000 (increased by
$20,000,000,000) (reduced by $20,000,000,000), to remain available
until September 30, 2026: Provided, That of the amount made available
under this heading, up to $50,000,000 (increased by $10,000,000,000)
(reduced by $10,000,000,000) shall be for awards to States and insular
areas for assistance to homebuyers as authorized under section
212(a)(1) of such Act (42 U.S.C. 12742(a)(1)), in addition to amounts
made otherwise available for such purpose: Provided further, That
amounts made available under the preceding proviso shall be allocated
in the same manner as other amounts made available under this heading,
except that amounts that would have been reserved and allocated to
units of general local government within the State pursuant to section
217 of such Act (42 U.S.C. 12747) shall be provided to the State:
Provided further, That the Secretary may waive or specify alternative
requirements for any provision of such Act in connection with the use
of amounts made available under the preceding two provisos (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment) upon a finding that any such waivers or
alternative requirements are necessary to expedite or facilitate the
use of amounts awarded pursuant to the preceding provisos: Provided
further, That notwithstanding section 231(b) of such Act (24 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 not later than 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.
preservation and reinvestment initiative for community enhancement
For competitive grants to preserve and revitalize manufactured
housing and eligible manufactured housing communities (including pre-
1976 mobile homes) under title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5301 et seq.),
$500,000,000, to remain available until September 30, 2027: Provided,
That recipients of grants provided with amounts made available under
this heading shall be States, units of general local government,
resident-owned manufactured housing communities, cooperatives,
nonprofit entities including consortia of nonprofit entities, community
development financial institutions, Indian Tribes and Tribally
designated housing entities, or other entities approved by the
Secretary: Provided further, That the Secretary may approve entities
for selection that partner with one or several residents of such
eligible communities or that propose to implement a grant program that
would assist residents of such eligible communities: Provided further,
That eligible uses of such grants may include infrastructure, planning,
resident and community services (including relocation assistance and
eviction prevention), resiliency activities, and providing other
assistance to residents or owners of manufactured homes, which may
include providing assistance for manufactured housing land and site
acquisition: Provided further, That, except as determined by the
Secretary, participation in this program shall not encumber the future
transfer of title or use of property by the residents, owners, or
communities: Provided further, That when selecting recipients, the
Secretary shall prioritize applications that primarily benefit low- or
moderately low-income residents and preserve long-term housing
affordability for residents of manufactured housing or a manufactured
housing community: Provided further, That eligible manufactured
housing communities may include those that are--
(1) owned by the residents of the manufactured housing community
through a resident-controlled entity, as defined by the Secretary; or
(2) determined by the Secretary to be subject to binding agreements
that will preserve the community and maintain affordability on a long-
term basis:
Provided further, That, of the amounts made available under this
heading, $50,000,000 shall be for a pilot program for the Secretary to
provide grants to assist in the redevelopment of manufactured housing
communities (including pre-1976 mobile homes) as replacement housing
that is affordable, as defined by the Secretary: Provided further,
That each such redevelopment project shall provide, for each unit of
single-family manufactured housing (including pre-1976 mobile homes)
replaced under the project, up to 4 dwelling units of such affordable
housing: Provided further, That the Secretary shall define eligible
activities for grant assistance under the pilot program, which may
include relocation assistance or buy-outs for residents of a
manufactured housing community or downpayment assistance for such
residents: Provided further, That the Secretary shall require each
grantee under the pilot program to supplement the amount of the grant
with non-Federal amounts exceeding 50 percent of the grant: Provided
further, That resiliency activities means the reconstruction, repair,
or replacement of manufactured housing and manufactured housing
communities to protect the health and safety of manufactured housing
residents and to address weatherization and energy efficiency needs,
except that for pre-1976 mobile homes, funds made available under this
heading may be used only for replacement: Provided further, That the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation that the Secretary administers
in connection with the use of amounts made available under this heading
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that such waiver
or alternative requirement is necessary to facilitate the use of such
amounts.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), and for related
activities and assistance, $62,500,000 (increased by $2,000,000), to
remain available until September 30, 2025: Provided, That the amounts
made available under this heading are provided as follows:
(1) $12,500,000 shall be for the Self-Help Homeownership
Opportunity Program as authorized under such section 11;
(2) $45,000,000 (increased by $2,000,000) shall be 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; and
(3) $5,000,000 shall be 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.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,604,000,000 (reduced by
$3,604,000,000) (increased by $3,604,000,000), to remain available
until September 30, 2025: Provided, That of the amounts made available
under this heading--
(1) $290,000,000 shall be 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) $3,200,000,000 shall be 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
for fiscal year 2023 the Secretary may establish by notice an
alternative maximum amount for administrative costs related to
the requirements described in paragraphs (1) and (2) of section
402(f) of subtitle A of such title IV of 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 $75,000,000
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 heading in this Act and any remaining
unobligated balances from 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 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;
and
(4) $107,000,000 shall be 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:
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.) (in this heading ``the Act''), not otherwise
provided for, $14,540,000,000, 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 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 the amount of any forgone
increases in tenant rent payments due to the implementation of rent
incentives as authorized pursuant to waivers or alternative
requirements of the Jobs-Plus initiative as described under the heading
``Self-Sufficiency Programs'' shall be factored into housing assistance
payments under project-based subsidy contracts: Provided further, That
of the total amounts made available under this heading, not to exceed
$375,000,000 shall be for performance-based contract administrators or
contractors 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 or contractors 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 or contractors, 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 under this heading for uses authorized under this
heading: Provided further, That of the total amounts made available
under this heading, not to exceed $250,000,000 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 234(a) of this Act): Provided further, That of the total
amounts made available under this heading, not to exceed $25,000,000
shall be available for adjustments under section 524(h) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (as
added by section 234(b) of this Act) necessary to address health and
safety deficiencies: Provided further, That up to 2 percent of the
total amounts made available in the preceding two provisos 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 of the total
amounts made available under this heading, not to exceed $31,000,000
shall be available for budget based adjustments for service
coordinators for the elderly: Provided further, That any additional
amounts for rent adjustments or supplemental contract funding
authorized under the preceding four 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, $1,200,000,000 (increased by
$500,000,000) (reduced by $500,000,000) to remain available until
September 30, 2026: Provided, That of the amount made available under
this heading, up to $125,000,000 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 $25,000,000 shall be used to expand the supply of
intergenerational dwelling units (as such term is defined in section
202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for elderly
caregivers raising children: Provided further, That for the purposes
of the preceding proviso the Secretary may waive, or specify
alternative requirements for, any provision of section 202 of the
Housing Act of 1959 (12 U.S.C. 1701q) in order to facilitate the
development of such units, except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment:
Provided further, That of the total amount made available under this
heading, up to $6,000,000 shall be used by the Secretary to support
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, $400,000,000 (increased by $500,000,000)
(reduced by $500,000,000), 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, $70,000,000, 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
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 $33,500,000, 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, $160,000,000 (reduced by
$1,000,000) (increased by $1,000,000) (reduced by $1,000,000)
(increased by $1,000,000), 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:
Provided further, That an additional $20,000,000, to remain available
until September 30, 2025, shall be for competitive grants to nonprofit
or governmental entities to provide legal assistance (including
assistance related to pretrial activities, trial activities, post-trial
activities and alternative dispute resolution) at no cost to eligible
low-income tenants at risk of or subject to eviction: Provided
further, That in awarding grants under the preceding proviso, the
Secretary shall give preference to applicants that include a marketing
strategy for residents of areas with high rates of eviction, have
experience providing no-cost legal assistance to low-income
individuals, including those with limited English proficiency or
disabilities, and have sufficient capacity to administer such
assistance, and may select unfunded or partially funded eligible
applicants identified in the previous competition: Provided further,
That the Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will receive
legal assistance with grant funds made available under this heading is
not less than the overall proportion of eligible tenants who live in
rural areas.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $86,000,000, 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), the Healthy Homes Initiative, pursuant to sections
501 and 502 of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 and 1701z-2), and for related activities and assistance,
$415,000,000, to remain available until September 30, 2025: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $290,000,000 shall be for the award of grants pursuant
to such section 1011, of which not less than $95,000,000 shall
be provided to areas with the highest lead-based paint
abatement needs;
(2) $85,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other
housing-related diseases and hazards, and mitigating housing-
related health and safety hazards in housing of low-income
families, of which--
(A) $5,000,000 shall be for the 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) $10,000,000 shall be 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 elderly homeowners to enable them to
remain in their primary residence: Provided, That of
the total amount made available under this subparagraph
no less than $3,000,000 shall be available to meet such
needs in communities with substantial rural
populations;
(3) $5,000,000 shall be for the award of grants and
contracts for research pursuant to sections 1051 and 1052 of
the 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;
(5) $30,000,000 shall be for a lead-risk assessment
demonstration for public housing agencies to conduct lead
hazard screenings or lead-risk assessments during housing
quality standards inspections of units in which a family
receiving assistance under section 8(o) of the U.S. Housing Act
of 1937 (42 U.S.C. 1437f(o)) resides or expects to reside, and
has or expects to have a child under age 6 residing in the
unit, while preserving rental housing availability and
affordability; and
(6) $5,000,000 shall be for grants for a radon testing and
mitigation safety demonstration program (the radon
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 paragraphs (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, $382,000,000 (increased by $2,000,000), to
remain available until September 30, 2025, of which up to $16,746,000
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 (reduced by $1,000,000) (increased by $1,000,000):
Provided, That the Inspector General shall have independent authority
over all personnel and acquisition issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 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.
Sec. 202. None of the funds made available by this Act may be used
to investigate or prosecute under the Fair Housing Act any otherwise
lawful activity engaged in by one or more persons, including the filing
or maintaining of a nonfrivolous legal action, that is engaged in
solely for the purpose of achieving or preventing action by a
Government official or entity, or a court of competent jurisdiction.
Sec. 203. 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).
Sec. 204. Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding at the end the
following new subsection:
``(u)(1) Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act 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).
``(2) Corporations and agencies of the Department of Housing and
Urban Development which are subject to chapter 91 of title 31, United
States Code, 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 9104 of such title as may be necessary in carrying
out the programs set forth in the budget 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 an
appropriations Act (unless such loans are in support of other forms of
assistance provided for in 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.''.
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured, and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 207. 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.).
Sec. 208. (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. The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for approval by
the Department of Housing and Urban Development, of transfers pursuant
to this section no later than 30 days before the effective date of such
notice.
Sec. 209. (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.
Sec. 210. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (2) of such heading.
Sec. 211. 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.
Sec. 212. 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.
Sec. 213. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 214. 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.
Sec. 215. 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 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.
Sec. 216. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations.
Sec. 217. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the headings ``Administrative Support Offices'' or ``Program
Offices'' to any other such office under such headings: Provided, That
no appropriation for any such office under such headings shall be
increased or decreased by more than 10 percent or $5,000,000, whichever
is less, without prior written approval of the House and Senate
Committees on Appropriations: Provided further, That the Secretary
shall provide notification to such Committees 3 business days in
advance of any such transfers under this section up to 10 percent or
$5,000,000, whichever is less.
Sec. 218. (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 shall take one or more of the
following actions, and provide additional notice of those actions to
the owner and the parties specified above--
(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 and informed
consent of the affected tenants and use of other remedies set forth
above. 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 property level 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 property level actions that the
Department of Housing and Urban Development is taking to
protect tenants of such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
The first report shall be submitted to the Senate and House
Committees on Appropriations not later than 30 days after the enactment
of this Act, and the second report shall be submitted within 180 days
of the transmittal of the first report.
Sec. 219. 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.
Sec. 220. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices: Provided, That
such notification shall list each grant award by State and
congressional district.
Sec. 221. 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.
Sec. 222. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 223. 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 405 of this Act.
Sec. 224. 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.
Sec. 225. 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.
Sec. 226. (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.
Sec. 227. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 228. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 229. 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.
Sec. 230. None of the funds made available by this title may be
used to issue rules or guidance in contravention of section 1210 of
Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
Sec. 231. (a) 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.
(b) Funds previously made available in the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2019 are to remain available through fiscal year 2025 for
the liquidation of valid obligations incurred in fiscal years 2017
through 2019.
(c) Funds previously made available in the Consolidated
Appropriations Act, 2018 (Public Law 115-141) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2020 are to remain available through fiscal year 2026 for
the liquidation of valid obligations incurred in fiscal years 2018
through 2020.
(d) Funds previously made available in the Consolidated
Appropriations Act, 2019 (Public Law 116-6) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2021 are to remain available through fiscal year 2027 for
the liquidation of valid obligations incurred in fiscal years 2019
through 2021.
(e) Funds previously made available in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2022 are to remain available through fiscal year 2028 for
the liquidation of valid obligations incurred in fiscal years 2020
through 2022.
(f) Funds previously made available in the Consolidated
Appropriations Act, 2021 (Public Law 116-260) for the ``Choice
Neighborhoods Initiative'' that were available for obligation through
fiscal year 2023 are to remain available through fiscal year 2029 for
the liquidation of valid obligations incurred in fiscal years 2021
through 2023.
Sec. 232. For fiscal year 2023, if the Secretary determines or has
determined, for any prior formula grant allocation administered by the
Secretary under a program under the headings ``Public and Indian
Housing'', ``Community Planning and Development'', or ``Housing
Programs'' in this title, 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 formula:
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 a 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.
Sec. 233. (a) Amounts made available in paragraphs (1) and (2)
under the heading ``Native American Programs'' in title XII of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136) which were allocated or awarded to Indian tribes or tribally
designated housing entities, and which are not accepted as of the date
of enactment of this Act, are voluntarily returned, or otherwise
recaptured for any reason, may be used by the Secretary to make
additional grants for the same purpose and under the same terms and
conditions as amounts appropriated by section 11003(a)(2) of the
American Rescue Plan Act of 2021 (Public Law 117-2).
(b) Amounts repurposed by this section that were previously
designated by the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985 or a
concurrent resolution on the budget are designated as an emergency
requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th
Congress), the concurrent resolution on the budget for fiscal year
2022, and section 1(e) of H. Res. 1151 (117th Congress) as engrossed in
the House of Representatives on June 8, 2022.
Sec. 234. 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 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, and no rehabilitation is
currently needed, 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 in the event the owner
or purchaser fails to implement the rehabilitation as
required by the Secretary, the Secretary may take such
action against the owner or purchaser as allowed by
law; and
``(2) agrees to--
``(A) extend the affordability and use restrictions
required under 514(e)(6) for an additional twenty
years; and
``(B) enter into a binding commitment to continue
to renew such contract for and during such extended
term, provided that after the affordability and use
restrictions required under 514(e)(6) have been
maintained for a term of 30 years:
``(i) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(2) shall request
that the Secretary renew such contract under
section 524 for and during such extended term;
and
``(ii) an owner with a contract for which
rent levels were set at the time of its initial
renewal under section 514(g)(1) may request
that the Secretary renew such contract under
section 524.'';
(b) in section 524, by adding at the end the following new
subsection:
``(h) Rent Adjustments to Address Distress.--In the case of a
section 8 contract that will be eligible for renewal under this section
when it expires or terminates, notwithstanding any provision of
contract or law regarding the adjustment of rents, including such a
provision in this section, the Secretary may adjust such rents, subject
to the availability of funds for such rent adjustments, to rent levels
that are equal to the lesser of budget-based rents or comparable market
rents for the market area at the request of an owner or purchaser who
demonstrates that such rent adjustment is needed to address project
health and safety deficiencies and that--
``(1) project income is insufficient to operate and
maintain the project, and no rehabilitation is currently
needed, as determined by the Secretary; or
``(2) the rent adjustment 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 in the event the
owner or purchaser fails to implement the rehabilitation as
required by the Secretary, the Secretary may take such action
against the owner or purchaser as allowed by law.''; and
(c) in section 579, by striking ``October 1, 2022'' each place it
appears and inserting in lieu thereof ``October 1, 2027''.
Sec. 235.
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).
Sec. 236. (a) Funds previously made available in chapter 9 of title
X of the Disaster Relief Appropriations Act, 2013 (Public Law 113-2,
division A; 127 Stat. 36) under the heading ``Department of Housing and
Urban Development--Community Planning and Development--Community
Development Fund'' that were available for obligation through fiscal
year 2017 are to remain available until expended for the liquidation of
valid obligations incurred in fiscal years 2013 through 2017.
(b) Notwithstanding any other provision of law, in the case of any
grantee of funds referred to in subsection (a) of this section that
provides assistance that duplicates benefits available to a person for
the same purpose from another source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available for
use under such heading, unless the Secretary, upon the request
of a grantee issues a public determination by publication in
the Federal Register that it is not in the best interest of the
Federal Government to pursue such remedies.
(c) Notwithstanding any other provision of law, any grantee of
funds referred to in subsection (a) of this section may request a
waiver from the Secretary of Housing and Urban Development of any
recoupment by the Secretary of such funds for amounts owed by persons
who have received such assistance from such funds and who have been
defrauded, or after receiving assistance, have filed for bankruptcy,
gone through a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to the
Secretary in such request that it has verified that the individual
conditions of each person it is requesting a waiver for meets one of
the conditions specified in the preceding sentence, the Secretary may
grant such waivers on the basis of grantee self-certification, issue a
public determination by publication in the Federal Register that it is
not in the best interest of the Federal Government to pursue such
recoupment, and may conduct oversight to verify grantee self-
certification and subject the grantee to remedies for noncompliance for
any amounts that have not met such requirements.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or a concurrent resolution on the budget are designated as an
emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14
(117th Congress), the concurrent resolution on the budget for fiscal
year 2022, and section 1(e) of H. Res. 1151 (117th Congress) as
engrossed in the House of Representatives on June 8, 2022.
Sec. 237. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2023''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,850,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 46107), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code; and
uniforms or allowances therefore, as authorized by sections 5901 and
5902 of title 5, United States Code, $38,260,000, of which $2,000,000
shall remain available until 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), $27,935,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States 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), $185,000,000.
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, $42,029,000: Provided, That of the amounts made available under
this heading, not less than $1,000,000 shall be for the necessary
salaries and expenses to implement section 22309 of the Infrastructure
Investment and Jobs Act (Public Law 117-58), and for other activities
as appropriate as determined by the Surface Transportation Board:
Provided further, 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 $40,779,000.
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,
$4,580,000 (reduced by $5,000,000) (increased by $5,000,000).
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
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.
Sec. 405. 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 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 report 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, each agency funded by this Act shall submit a report to the
Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
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 report 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.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2023 from appropriations made available for salaries
and expenses for fiscal year 2023 in this Act, shall remain available
through September 30, 2024, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that 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.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 410. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 411. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 412. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 413. None of the funds appropriated or 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.
Sec. 414. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 415. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), 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.
Sec. 416. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 417. Within the amounts appropriated in this Act, funding
shall be allocated in the amounts specified for those projects and
purposes delineated in the table titled ``Transportation, Housing and
Urban Development Incorporation of Community Project Funding Items''
included in the report accompanying this Act.
Sec. 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.
Sec. 419. 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, where such approval would contravene
section 40101(a)(5) and (15) of title 49, United States Code.
Sec. 420. None of the funds made available by division A of this
Act to the Department of Transportation may be used in contravention of
section 306108 of title 54, United States Code.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2023''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $69,845,000
(reduced by $1,000,000) (increased by $1,000,000), of which not to
exceed $8,432,000 shall be available for the immediate Office of the
Secretary; not to exceed $1,396,000 shall be available for the Office
of Homeland Security; not to exceed $5,190,000 shall be available for
the Office of Tribal Relations; not to exceed $11,287,000 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
$28,822,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $27,116,000 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 $10,109,000 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 (reduced by $10,000,000), 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 (reduced by $1,000,000) (reduced by $2,000,000) (reduced by
$3,000,000) (reduced by $2,000,000).
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $16,967,000 (reduced by $3,000,000).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $93,284,000 (reduced by $3,000,000), 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, $9,559,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $1,466,000: 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, $37,595,000.
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, $68,858,000 (reduced by $700,000) (reduced by
$418,000) (reduced by $5,000,000) (reduced by $1,000,000), 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.), $8,581,000, 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.), $111,061,000, 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,
$62,137,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $5,556,000.
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,
$2,000,000 shall be made available for the Office of the Chief
Scientist.
Economic Research Service
For necessary expenses of the Economic Research Service,
$90,612,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $211,023,000, of which up to $66,361,000 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,
$1,737,629,000 (reduced by $1,500,000) (increased by $1,500,000):
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, $57,305,000 to
remain available until expended, of which $25,900,000 shall be for the
purposes, and in the amounts, specified for this account in the table
titled ``Community Project Funding'' in the report accompanying 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,
$1,142,021,000 (increased by $2,000,000) (reduced by $10,000,000)
(increased by $10,000,000), 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 report
accompanying 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, $586,502,000, 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 report accompanying 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, $39,500,000,
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 report accompanying 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, $1,617,000: 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),
$1,164,209,000, of which $530,000, 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 $4,096,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $64,930,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $219,698,000, to remain available until
expended, shall be for specialty crop pests; of which, $14,986,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $24,067,000, to remain available until
expended, shall be for zoonotic disease management; of which
$44,117,000, to remain available until expended, shall be for emergency
preparedness and response; of which $62,562,000, to remain available
until expended, shall be for tree and wood pests; of which $6,528,000,
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
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
$24,527,000, 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,
$242,913,000 (increased by $1,000,000), of which $7,504,000 shall be
available for the purposes of section 12306 of Public Law 113-79:
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: 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, $1,117,000: 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), $1,180,364,000; 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 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.
TITLE 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, $257,684,000: 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, $1,229,396,000:
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 of both Houses of Congress 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 of the amount appropriated under
this heading, $696,594,000 shall be made available to county
committees, to remain available until expended: Provided further, That,
notwithstanding the preceding proviso, any funds made available to
county committees in the current fiscal year that the Administrator of
the Farm Service Agency deems to exceed or not meet the amount needed
for the county committees may be transferred to or from the Farm
Service Agency for necessary expenses: 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), $6,500,000, 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),
$3,000,000, 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: $249,000 for emergency
loans, to remain available until expended; and $23,520,000 for direct
farm operating loans, $11,228,000 for unsubsidized guaranteed farm
operating loans, $10,983,000 for the relending program, and $894,000
for Indian highly fractionated land loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $326,461,000: Provided, That of
this amount, $305,803,000 shall be transferred to and merged with 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, $75,443,000;
of which $4,500,000 shall be available to conduct research and
development and carry out contracting and partnerships as described
under subsections 522(c) and (d) of the Federal Crop Insurance Act, as
amended (7 U.S.C. 1522(c) and (d)), in addition to amounts otherwise
provided for such purposes: 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,
$1,023,777,000 (increased by $1,000,000) (increased by $2,000,000), to
remain available until September 30, 2024, of which up to $22,973,000
shall be for the purposes, and in the amounts, specified for this
account in the table titled ``Community Project Funding'' in the report
accompanying this Act: 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.
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, $95,000,000, to remain available
until expended: 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.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $5,000,000 is provided.
healthy forests reserve program
For necessary expenses to carry out the Healthy Forests Reserve
Program under the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6571-6578), $10,000,000, to remain available until expended.
urban agriculture and innovative production
For necessary expenses to carry out the Urban Agriculture and
Innovative Production Program under section 222 of subtitle A of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6923),
as added by section 12302 of Public Law 115-334, $13,500,000.
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.
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).
TITLE 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, $1,620,000: 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; $401,976,000: Provided,
That of the amount made available under this heading, up to $5,000,000,
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 other agencies of the Department for such purpose,
consistent with the missions and authorities of such agencies: 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, as amended
by this Act, 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, $12,000,000 shall be
for a single family housing relending demonstration program for Native
American Tribes, and $30,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair loans;
$150,000,000 for section 515 rental housing; $300,000,000 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; $3,948,000 shall be for a single family housing relending
demonstration program for Native American Tribes; section 504 housing
repair loans, $2,324,000; section 523 self-help housing land
development loans, $267,000; section 524 site development loans,
$208,000; and repair, rehabilitation, and new construction of section
515 rental housing, $28,665,000: 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, $40,000,000, to remain available until expended,
for a demonstration program for the preservation and revitalization of
the sections 514, 515, and 516 multi-family rental housing properties
to restructure existing USDA multi-family housing loans, as the
Secretary deems appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for the
purpose of providing safe and affordable housing for low-income
residents and farm laborers including reducing or eliminating interest;
deferring loan payments, subordinating, reducing or re-amortizing loan
debt; and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain reasonable
returns on investment) required by the Secretary: 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: Provided further, That any balances, including
obligated balances, available for all demonstration programs for the
preservation and revitalization of sections 514, 515, and 516 multi-
family rental housing properties in the ``Multi-Family Housing
Revitalization Program Account'' shall be transferred to and merged
with this account, and shall also be available for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties, including the restructuring of existing USDA multi-
family housing loans: Provided further, That following the transfer of
balances described in the preceding proviso, any adjustments to
obligations for demonstration programs for the preservation and
revitalization of sections 514, 515, and 516 multi-family rental
housing properties that would otherwise be incurred in the ``Multi-
Family Housing Revitalization Program Account'' shall be made in this
account from amounts transferred to this account under the preceding
proviso.
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), $18,126,000, to remain available until expended,
for direct farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $412,254,000 shall be transferred
to and merged with 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, $1,493,926,000, 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
rental assistance agreements entered into or renewed during the current
fiscal year shall be funded for a one-year period: Provided further,
That of the amounts made available under this heading, not less than
$8,000,000 shall be available for newly constructed units financed
under section 514 and 516 of the Housing Act of 1949: 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 fifth 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, $38,000,000, 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), $33,000,000, 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
(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)(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,
$194,865,000, to remain available until expended, of which up to
$126,865,000 shall be for the purposes, and in the amounts, specified
for this account in the table titled ``Community Project Funding'' in
the report accompanying this Act: Provided, That $8,000,000 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, or that were
specified in the table titled ``Community Project Funding/
Congressionally Directed Spending'' in the explanatory statement for
Division A of Public Law 117-103 described in section 4 in the matter
preceding such division A: 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
(including transfers of funds)
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, $88,800,000 (increased by $15,000,000),
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 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 transferred to and merged with 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,
$50,000,000.
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 $10,000,000.
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), $27,600,000 (increased by $700,000), of which $2,800,000
(increased by $700,000) 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 authorized by section 379E
of the Consolidated Farm and Rural Development Act (U.S.C. 2008s),
$25,000,000.
For the cost of loans and grants, $6,000,000 under the same terms
and conditions as authorized by section 379E of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2008s).
rural energy for america program
For the 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), $10,045,000
(increased by $10,045,000) (reduced by $10,045,000): 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 such costs of loans, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(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: $1,450,000,000 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,
$685,072,000 (increased by $418,000), 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
$70,000,000 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 $37,500,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $8,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $20,762,000
(increased by $418,000) 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 $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 any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That not to exceed $6,810,000 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, 2024, such unobligated balances may be used for grant
programs funded under this heading: 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 direct and guaranteed loans as authorized
by sections 4, 305, 306, and 317 of the Rural Electrification Act of
1936 (7 U.S.C. 904, 935, 936, and 940g) shall be made as follows: loans
made pursuant to section 306, guaranteed electric loans,
$2,167,000,000; loans made pursuant to sections 4, notwithstanding
4(c)(2), of that Act, and 317, notwithstanding 317(c), of that Act,
cost-of-money direct loans, $4,333,000,000; loans made pursuant to
section 313A of that Act, guaranteed underwriting loans, $800,000,000;
and for loans made pursuant to section 305(d)(2) of that Act, cost of
money telecommunications loans, $690,000,000.
For the cost of direct loans as authorized by section 305(d)(2) of
the Rural Electrification Act of 1936 (7 U.S.C. 935(d)(2)), including
the cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, cost of money rural
telecommunications loans, $3,726,000.
In addition, $11,500,000 to remain available until expended, to
carry out section 6407 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107a): 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
transferred to and merged with 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., $60,000,000, to remain
available until expended: 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, $2,000,000, 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 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.), $465,513,000, to remain available until
expended, of which up to $15,513,000 shall be for the purposes, and in
the amounts, specified for this account in the table titled ``Community
Project Funding'' in the report accompanying this Act: 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.
TITLE 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; $28,619,957,000 (increased by $3,000,000) (increased by
$3,000,000) (increased by $2,000,000) (reduced by $1,000,000)
(increased by $1,000,000) 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, $12,000,000 (increased by
$3,000,000) 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, $40,000,000 (increased by
$3,000,000) 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, $10,000,000
(increased by $2,000,000) 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 $2,000,000 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 (reduced by $5,000,000)
(increased by $5,000,000) (increased by $1,000,000,000), 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.
For making, after June 30 of the current fiscal year, benefit
payments to individuals, and payments to States or other non-Federal
entities, pursuant to the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), for unanticipated costs incurred for the last three months of
the fiscal year, such sums as may be necessary.
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, $469,710,000, 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,
$231,378,000: 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.
TITLE 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), $234,913,000 (increased by $1,000,000) (reduced by
$1,000,000), 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: 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), $265,000,000, 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 $26,500,000, 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 transferred
to and merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES 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;
$6,484,171,000 (increased by $3,000,000) (reduced by $3,000,000)
(reduced by $500,000) (increased by $500,000): 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)
$1,244,007,000 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) $2,225,209,000 (increased by $5,000,000) 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
$10,000,000 shall be for pilots to increase unannounced foreign
inspections and shall remain available until expended, and $15,000,000
(increased by $5,000,000) shall be for coordinating programs and
activities of the Food and Drug Administration with those of the Drug
Enforcement Administration and U.S. Customs and Border Protection to
combat the illicit importation of opioids, including fentanyl, through
international mail facilities and land ports-of entry; (3) $477,782,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$295,999,000 (increased by $8,000,000) shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $682,221,000 shall be for the Center for
Devices and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $77,893,000 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) $216,603,000 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) $349,375,000
(reduced by $8,000,000) (reduced by $5,000,000) 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, $16,000,000, 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 AGENCIES
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, $365,000,000,
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 $4,567,000 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.
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.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 709. (a) 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.
(b) 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 Rural Development mission
area shall remain available through September 30, 2024, for information
technology expenses.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(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, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(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, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
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, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission 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.
Sec. 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.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, 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, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 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.
Sec. 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.
Sec. 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, the Chairman of the Commodity Futures Trading
Commission, 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 report accompanying this Act.
Sec. 722. 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.
Sec. 723. For the purposes of determining eligibility or level of
program assistance for Rural Development programs the Secretary shall
not include incarcerated prison populations.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 729. For fiscal year 2023, the Secretary shall establish a
process under which an establishment in the Chesapeake Bay area that is
subject to examination and inspection under section 6 of the Federal
Meat Inspection Act solely due to the establishment's processing of
domestic, wild caught, invasive blue catfish (Ictalurus furcatus), may
apply for a waiver of such examination and inspection requirements if
the establishment is subject to inspection under the Seafood Hazard
Analysis Critical Control Points Program of the Food and Drug
Administration and the establishment attests that it applies existing
Seafood Hazard Critical Control Points Program for all species
processed at the establishment.
Sec. 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
paragraph 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 paragraph 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.
Sec. 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.
Sec. 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.
Sec. 733. In this fiscal year and thereafter, and notwithstanding
any other provision of law, 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 742. There is hereby appropriated $3,000,000, to remain
available until expended, for grants under section 12502 of Public Law
115-334.
Sec. 743. There is hereby appropriated $1,000,000 to carry out
section 3307 of Public Law 115-334.
Sec. 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)).
Sec. 745. There is hereby appropriated $2,000,000, 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.
Sec. 746. There is hereby appropriated $3,000,000, to carry out
section 4208 of Public Law 115-334, including for project locations in
additional regions and timely completion of required reporting to
Congress.
Sec. 747. There is hereby appropriated $5,000,000 to carry out
section 12301 of Public Law 115-334, Farming Opportunities Training and
Outreach.
Sec. 748. 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.
Sec. 749. 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.
Sec. 750. In this fiscal year and thereafter, and notwithstanding
any other provision of law, ARS facilities as described in the
``Memorandum of Understanding Between the U.S. Department of
Agriculture Animal and Plant Health Inspection Service (APHIS) and the
U.S. Department of Agriculture Agricultural Research Service (ARS)
Concerning Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1)
shall be inspected by APHIS for compliance with the Animal Welfare Act
and its regulations and standards.
Sec. 751. 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.).
Sec. 752. For school year 2023-2024, only a school food authority
that had a negative balance in the nonprofit school food service
account as of June 30, 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)).
Sec. 753. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry out
a pilot program that assists rural hospitals to improve long-term
operations and financial health by providing technical assistance
through analysis of current hospital management practices.
Sec. 754. 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.
Sec. 755. Hereafter, none of the funds made available by this Act
or any other Act, may be used to pay the salaries or expenses of
personnel to implement any activities related to:
(a) the permitting of non-recording of observed violations of the
Animal Welfare Act or its regulations on official inspection reports;
or
(b) the prioritizing of education or collaborative approaches to
violations or noncompliance ahead of enforcement under the Animal
Welfare Act.
Sec. 756. 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.
Sec. 757. For necessary expenses associated with cotton classing
activities pursuant to 7 U.S.C. 55, to include equipment and facility
upgrades, and in addition to any other funds made available for this
purpose, there is appropriated $4,000,000, to remain available until
September 30, 2024: Provided, That amounts made available in this
section shall be treated as funds collected by fees authorized under
Mar. 4, 1923, ch. 288, Sec. 5, 42 Stat. 1518, as amended (7 U.S.C. 55).
Sec. 758. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move any
staff office or any agency from the mission area in which it was
located on August 1, 2018, to any other mission area or office within
the Department in the absence of the enactment of specific legislation
affirming such move.
Sec. 759. 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.
Sec. 760. 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.
Sec. 761. There is hereby appropriated $29,700,000 for the
Goodfellow Federal facility, to remain available until expended, which
shall be transferred to and merged with the appropriation for ``Food
Safety and Inspection Service''.
Sec. 762. Hereafter, none of the funds made available by this Act
or any other 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).
Sec. 763. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $5,000,000, which
shall remain available until expended, for necessary expenses, under
such terms and conditions determined by the Secretary, related to
testing soil, water, or agricultural products for per- and
polyfluoroalkyl substances (PFAS) at the request of an agricultural
producer, assisting agricultural producers affected by PFAS
contamination with costs related to mitigate the impacts to their
operation that have resulted from such contamination and indemnifying
agricultural producers for the value of unmarketable crops, livestock,
and other agricultural products related to PFAS contamination:
Provided, That the Secretary shall prioritize such assistance to
agricultural producers in states and territories that have established
a tolerance threshold for PFAS in a food or agricultural product:
Provided further, That, not later than 90 days after the end of fiscal
year 2023, the Secretary shall submit a report to the Congress
specifying the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans for further
expenditure, and include improvements that can be made to U.S.
Department of Agriculture programs, either administratively or
legislatively, to increase support for agricultural producers impacted
by PFAS contamination and to enhance scientific knowledge on PFAS
uptake in crops and livestock and PFAS mitigation and remediation
methods and disseminate such knowledge to agricultural producers.
Sec. 764. Any future compliance date for any provision of the Food
and Drug Administration's final rule entitled ``Milk and Cream Products
and Yogurt Products; Final Rule To Revoke the Standards for Lowfat
Yogurt and Nonfat Yogurt and To Amend the Standard for Yogurt'' (86
Fed. Reg. 31117, June 11, 2021) for which the agency is exercising
enforcement discretion or that is stayed as a result of objections
timely filed under 21 U.S.C. 371(e)(2), shall be established no earlier
than January 1 of the year that is three years after either:
(a) Final action upon such objection(s) is taken by the Secretary
of Health and Human Services; or
(b) The party withdraws such objection(s).
Sec. 765. In addition to the amount of reimbursement for
administrative and operating expenses available for crop insurance
contracts described in subsection (a)(2)(F) of section III of the 2023
Standard Reinsurance Agreement (SRA) that cover agricultural
commodities described in section 101 of title I of the Specialty Crops
Competitiveness Act of 2004 (7 U.S.C. 1621 note), there is hereby
appropriated $50,000,000, to remain available until expended, to pay,
with respect to such contracts for the 2021 reinsurance year, an amount
that is equal to the difference between the amount to be paid pursuant
to the SRA for the applicable reinsurance year and the amount that
would be paid if such contracts were not subject to a reduction
described in subsection (a)(2)(G) of section III of the SRA but subject
to a reimbursement rate equal to 17.5 percent of the net book premium.
Sec. 766. There is appropriated to the Department of Agriculture,
for an additional amount for ``Agricultural Programs--Processing,
Research, and Marketing--Office of the Secretary'', $10,000,000, which
shall remain available until expended, for necessary expenses to
address assistance for disasters occurring in calendar year 2022.
Sec. 767. In addition to amounts otherwise available, there is
appropriated to the Secretary of Agriculture $50,000,000, to remain
available until September 30, 2023, to provide relief payments for
frontline grocery workers through the Farmworker and Food Worker Relief
Grant Program of the Agricultural Marketing Service.
Sec. 768. None of the funds made available by this Act may be used
to review or approve an application 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)) that is submitted
by a sponsor located in Russia, unless such application is for a drug
that is intended to treat a serious or life-threatening condition and
for which there is an unmet medical treatment need.
Sec. 769. The Secretary of Agriculture shall take such actions as
may be necessary to prohibit the purchase of agricultural land located
in the United States by companies owned, in full or in part, by the
People's Republic of China, Russia, North Korea, or Iran.
Sec. 770. None of the funds made available by this Act under the
heading ``DOMESTIC FOOD PROGRAMS--Food and Nutrition Service--
Supplemental Nutrition Assistance Program'' may be used in
contravention of section 107(b) of division A of the Victims of
Trafficking and Violence Protection Act of 2000 (114 Stat. 1475; 22
U.S.C. 7105(b)).
Sec. 771. For ``Agricultural Programs-Research, Education, and
Economics-National Institute of Food and Agriculture-Research and
Education Activities'' for the establishment of a program to make
competitive grants to assist in the facility construction, alteration,
acquisition, modernization, renovation, or remodeling of agricultural
research facilities, as authorized by the Research Facilities Act (7
U.S.C. 390 et seq.), there is hereby appropriated, and the amount
otherwise provided by this Act for ``Agricultural Programs-Rural
Development-Salaries and Expenses'' is hereby reduced by, $2,000,000.
Sec. 772. There is hereby appropriated, and the amount otherwise
made available by this Act for ``Agricultural Programs--Agricultural
Marketing Service--Marketing Services'' is reduced by, $10,000,000, to
carry out section 4206 of Public Law 115-334.
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2023''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2023
TITLE 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, $160,000,000, 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);
$2,475,152,000 (reduced by $1,000,000) (increased by $1,000,000)
(reduced by $1,000,000) (increased by $1,000,000), to remain available
until expended; of which $43,011,000 shall be derived from the Harbor
Maintenance Trust Fund 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, $350,000,000, to remain
available until expended, of which $10,315,000 shall be derived from
the Harbor Maintenance Trust Fund 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, $5,150,000,000 (increased by $3,000,000),
to remain available until expended, of which $2,264,674,000 shall be
derived from the Harbor Maintenance Trust Fund to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors; of which $56,000,000, to be
derived from the general fund of the Treasury, shall be to carry out
section 2106(c) of Public Law 113-121 (33 U.S.C. 2238c(c)) and is
designated as being for such purpose pursuant to section 14003(2)(B) of
the CARES Act (Public Law 116-136); 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; and
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: 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, 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, $278,338,000, 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 (reduced by $3,000,000), 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 (reduced by
$4,000,000) (increased by $4,000,000), 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 this title, as designated under such heading in
the report 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, notwithstanding subsections (b)(2) and (c) of
section 5033 of such Act, $7,200,000, to remain available until
September 30, 2024.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 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.
Sec. 102. The Secretary shall allocate funds made available in
this title solely in accordance with the provisions of this Act and the
report accompanying this Act.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 106. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 107. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 108. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
TITLE 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, $23,000,000, 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, $1,600,000 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 $1,880,000 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, $1,747,101,000 (increased by $2,000,000), to remain
available until expended, of which $22,165,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $7,584,000 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 $500,000 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.
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 (reduced by
$2,000,000), to be derived from the Reclamation Fund and be
nonreimbursable as provided in section 4(o) of the Act of December 5,
1924 (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 not to exceed 30 motor vehicles, which are
for replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 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 ``House Recommended'' columns
in the ``Water and Related Resources'' table included under the heading
``Title II--Department of the Interior'' in the report 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.
Sec. 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.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 42 U.S.C. 10364(e)) is amended by
striking ``$750,000,000'' and inserting ``$820,000,000''.
Sec. 204. (a) Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) is amended by striking ``2022'' each place it
appears and inserting ``2023''.
(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''.
Sec. 205. Section 9106(g)(2) of Public Law 111-11 (Omnibus Public
Land Management Act of 2009) is amended by striking ``2022'' and
inserting ``2023''.
Sec. 206. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (Public Law 102-250; 43 U.S.C. 2214(c)) is
amended by striking ``2022'' and inserting ``2023''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (Public Law 102-250; 43 U.S.C. 2241) is amended by striking
``2022'' and inserting ``2023'' and by striking ``$120,000,000'' and
inserting ``$130,000,000''.
Sec. 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''.
Sec. 208. None of the funds provided in this Act may be used for
the Shasta Dam and Reservoir Enlargement Project.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
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, $4,000,000,000
(reduced by $2,000,000) (increased by $2,000,000) (increased by
$5,000,000) (increased by $5,000,000) (increased by $3,000,000)
(reduced by $1.00) (increased by $1.00) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $3,000,000), 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, $205,000,000, to remain available until expended: Provided,
That of such amount, $24,000,000 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, $350,000,000 (reduced by $30,000,000)
(increased by $30,000,000) (reduced by $30,500,000) (increased by
$30,500,000), to remain available until expended: Provided, That of
such amount, $23,000,000 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, $1,779,800,000, to remain available until
expended: Provided, That of such amount, $85,000,000 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 ``Bill'' column in
the ``Department of Energy'' table included under the heading ``Title
III--Department of Energy'' in the report 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 (reduced by $5,000,000) (reduced by $1,000,000)
(increased by $1,000,000), 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 the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$117,326,652, to remain available until expended, for the projects, and
in the amounts, specified in the table titled ``Community Project
Funding Department of Energy Projects'' in the report 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.), $214,175,000, to remain available until expended.
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, $144,480,000, 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 passenger motor
vehicle, $333,863,000, 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 2023 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,
$823,321,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$14,800,000 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, $8,000,000,000
(increased by $234,678,000) (reduced by $234,678,000) (reduced by
$20,000,000) (increased by $20,000,000) (increased by $500,000), 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, which shall be derived from the
Nuclear Waste Fund.
Technology Transitions
For Department of Energy expenses necessary for carrying out the
activities of technology transitions, $23,058,000, to remain available
until expended: Provided, That of such amount, $13,183,000 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, $189,000,000, to remain available until
expended: Provided, That of such amount, $25,000,000 shall be
available until September 30, 2024, for program direction.
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.
subchapters I, II, and III), notwithstanding the requirements of
section 303(a)(1) through (a)(6) of such Act, $100,000,000 (increased
by $5,000,000), 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 $5,000,000
shall be available until September 30, 2024, for administrative
expenses.
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), $550,000,000, to remain available until expended:
Provided, That of such amount, $45,000,000 shall be available until
September 30, 2024, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
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.
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 the cost of direct and guaranteed loans for the Tribal Energy
Loan Guarantee Program under section 2602(c) of the Energy Policy Act
of 1992 (25 U.S.C. 3502(c)), $8,000,000 (increased by $8,000,000)
(reduced by $8,000,000), 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 (2
U.S.C. 661a): Provided further, 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.
In addition, 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.
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.), $75,000,000, to remain available until expended:
Provided, That of the amount appropriated under this heading,
$15,000,000 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.),
$407,715,000 (reduced by $5,000,000) (reduced by $5,000,000) (reduced
by $500,000) (reduced by $3,000,000) (reduced by $3,000,000), to remain
available until September 30, 2024, including the hire of passenger
motor vehicles 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 $307,137,000.
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, $16,333,065,000, 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, $2,424,000,000, 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, $2,000,000,000,
to remain available until expended, of which, $99,747,000 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, $475,000,000, 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, $6,722,521,000, 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,
$823,321,000, 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, $1,027,554,000, to remain available until expended:
Provided, That of such amount, $359,734,000 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
Colville Tribes Residents Fish Hatchery Expansion, Chief Joseph
Hatchery Water Quality Project, and 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
(reduced by $1,000,000) (increased by $1,000,000), 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
(including transfers and rescissions of funds)
Sec. 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.
(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
``Bill'' column in the ``Department of Energy'' table included under
the heading ``Title III--Department of Energy'' in the report
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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 305. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 306. 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.
Sec. 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.
Sec. 308. Subparagraphs (B) and (C) of section 40401(a)(2) of
Public Law 117-58, paragraph (3) of section 1702(r) of the Energy
Policy Act of 2005 (42 U.S.C. 16512(r)(3)) as added by section
40401(c)(2)(C) of Public Law 117-58, and subsection (l) of section 136
of the Energy Independence and Security Act of 2007 (42 U.S.C.
17013(l)), are hereby repealed.
Sec. 309. 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 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 in this section 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 by this section 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 by this
section 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 by this section 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 section.
Sec. 310. (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.
Sec. 311. 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.
TITLE 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, 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,
$220,000,000, 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, $41,401,000, to
remain available until September 30, 2024, of which not to exceed
$1,000 shall be available for official reception and representation
expenses.
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, $15,100,000, 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, $38,000,000, 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, $33,000,000, 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, $2,500,000, 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,
$17,769,000, to remain available until September 30, 2024: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $14,655,000 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
Sec. 401. (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 report 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.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 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.
Sec. 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 report
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 report 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.
Sec. 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).
Sec. 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.
Sec. 505. None of the funds made available by this Act may be used
by the Secretary of Energy to make a guarantee under section 1703 of
the Energy Policy Act of 2005 (42 U.S.C. 16513) for a project that does
not avoid, reduce, or sequester air pollutants or anthropogenic
emissions of greenhouse gases.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2023''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2023
TITLE 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, $278,382,000 (reduced by
$20) (increased by $20) (reduced by $500,000) (increased by $500,000)
(increased by $1,000,000) (reduced by $1,000,000) (increased by
$1,000,000) (reduced by $500,000) (reduced by $5,000,000): 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, $20,000,000, 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, $217,059,000 (increased
by $3,000,000), of which not less than $4,000,000 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, $135,000,000, 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 $6,000,000 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; for the hire of zero emission
passenger motor vehicles and for supporting charging or fueling
infrastructure; and for repairs and renovations to buildings owned by
the Department of the Treasury, $11,118,000, 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,
$48,878,000, 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 $25,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$210,330,000 (reduced by $1,000,000) (increased by $1,000,000), of
which not to exceed $55,000,000 shall remain available until September
30, 2025.
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,
$150,863,000; 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.).
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, $336,420,000 (increased by
$1,000,000) (reduced by $1,000,000) (increased by $2,000,000) (reduced
by $336,420,000) (increased by $336,420,000). Of the amount
appropriated under this heading--
(1) not less than $216,883,000 (increased by $2,000,000),
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 not less than $2,000,000 (increased by $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 $22,500,000, 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 $28,000,000 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 $10,000,000 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 $35,037,000 is 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 Fund 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, rent payments,
and other services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $3,410,728,000 (increased by
$1,000,000), 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
$13,000,000 shall be available for low-income taxpayer clinic grants,
of which not less than $35,000,000, 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 (increased by
$1,000,000) 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 $6,000,000 (increased by
$1,000,000) 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)), rent payments, and to
provide other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $6,120,262,000, 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 $25,000,000 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 of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; 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; $3,753,561,000 (reduced by $1,000,000), of which not to
exceed $275,000,000 shall remain available until September 30, 2024; 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, 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)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 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:
Provided, That an additional 2 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading may be transferred to the appropriation made
available in this Act to the Internal Revenue Service under the
``Taxpayer Services'' heading upon advance approval of the Committees
on Appropriations of the House of Representatives and the Senate.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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)
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 125. In addition to amounts otherwise available, there is
appropriated to the Special Inspector General for Pandemic Recovery,
$16,000,000, to remain available until expended, for necessary expenses
in carrying out section 4018 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
Sec. 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 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 U.S.C. 801 et seq.), in addition to amounts otherwise available for
such purposes.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2023''.
TITLE 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, $77,681,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $15,609,000, 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.), $4,903,000.
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, $13,901,000, of which not to exceed $6,000 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, $115,463,000, 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 $4,500,000 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, $128,035,000, 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), $21,926,000, 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, $22,340,000:
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
(increased by $5,000,000), 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: 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 Public Law 110-690
and the Office of National Drug Control Policy Reauthorization Act of
1998, as amended, $139,670,000, to remain available until expended,
which shall be available as follows: $110,000,000 for the Drug-Free
Communities Program, of which not more than $12,900,000 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; $15,000,000 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; $5,200,000 for
activities authorized by section 103 of Public Law 114-198; $1,300,000
for policy research; and $500,000 for performance audits and
evaluations: 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, $13,700,000, 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)
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 205. Not later than 90 days after the date of enactment of
this Act and updated every 90 days thereafter, the Executive Office of
the President shall make contemporaneously available on a publicly
available website, a searchable, sortable, downloadable database of
visitors to the White House, the Vice President's residence, or any
other location at which the President or the Vice President regularly
conducts official business that includes the name of each visitor, the
date and time of entry for each visitor, the name of each individual
with whom each visitor met, and the purpose of the visit: Provided,
That notwithstanding this requirement, the Executive Office of the
President, after consultation with the President or his designee, may
exclude from the database any information that would implicate personal
privacy or law enforcement concerns or threaten national security,
relate to a purely personal guest, or reveal the social security
number, taxpayer identification number, birth date, home address, or
personal phone number of an individual, the name of an individual, who
is less than 18 years old, or a financial account number: Provided
further, With respect to a particular sensitive meeting, the Executive
Office of the President shall disclose the number of records withheld
on this basis and post the applicable records no later than 360 days
later.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2023''.
TITLE 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, $113,951,000, 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, $29,246,000, 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, $36,735,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $21,260,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
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, $5,867,825,000 (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, $1,409,211,000, 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)), $45,677,000, 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), $750,586,000, 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, $105,700,000, 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, $34,261,000; 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)
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 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.
Sec. 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''.
Sec. 307. In addition to amounts otherwise available, there is
appropriated to the Judiciary $128,000,000, to remain available until
September 30, 2024, to be used for judicial security, cybersecurity,
and information technology modernization infrastructure: Provided, That
for the purposes provided herein, such funds may be transferred to the
``Salaries and Expenses'', ``Court Security'', and ``Defender
Services'' appropriations under the ``Courts of Appeals, District
Courts, and Other Judicial Services'' heading in this title: Provided
further, That this transfer authority shall be in addition to any other
transfer authority provided by law.
Sec. 308. 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''.
TITLE 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,
$295,588,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $15,055,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $140,973,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $88,290,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$51,270,000, 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 the heading ``Federal Payment for
Defender Services in District of Columbia Courts'', $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 the District of Columbia
Public Defender Service may be deemed an ``agency'' for 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 (Public Law 103-356), as amended:
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 and which
does not certify to the Secretary of Education that the student and the
student's parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education Act (20
U.S.C. 1400 et seq.) which are provided to a student and a student's
parents of a public elementary or secondary school in the District of
Columbia, as enumerated in Table 2 of Government Accountability Office
Report 18-94 (entitled ``Federal Actions Needed to Ensure Parents Are
Notified About Changes in Rights for Students with Disabilities''),
issued November 2017.
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, $5,000,000.
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''.
TITLE 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.
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, $166,300,000, of which
$2,500,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 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), $34,087,000, 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, and of which $4,000,000, to remain available until
expended, shall be for the Help America Vote College Program as
authorized by title V of 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 (increased by
$5,000,000) (reduced by $5,000,000) 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 a State shall use
such payment to replace voting systems which use direct-recording
electronic voting machines with a voting system which uses an
individual, durable, voter-verified paper ballot which is marked by the
voter by hand or through the use of a non-tabulating ballot-marking
device or system, so long as the voter shall have the option to mark
his or her ballot by hand, and provides the voter with an opportunity
to inspect and confirm the marked ballot before casting (in this
heading referred to as a ``qualified voting system''): Provided
further, That for purposes of determining whether a voting system is a
qualified voting system, a voter-verified paper audit trail receipt
generated by a direct-recording electronic voting machine is not a
paper ballot: Provided further, That none of the funds made available
under this heading may be used to purchase or obtain any voting system
which is not a qualified voting system: Provided further, That a State
may use such payment to carry out other authorized activities to
improve the administration of elections for Federal office only if the
State certifies to the Election Assistance Commission that the State
has replaced all voting systems which use direct-recording electronic
voting machines with qualified voting systems: Provided further, That
not less than 67 percent of the amount of the payment made to a State
under this heading shall be allocated in cash or in kind to the units
of local government which are responsible for the administration of
elections for Federal office in the State: 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
Sec. 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''.
Sec. 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.
Sec. 512. Notwithstanding section 421 of the Controlled Substances
Act (21 U.S.C. 862), or any other provision of law, none of the funds
made available in this Act to the Federal Communications Commission may
be used, with respect to an authorization for radio or television
stations, to 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 impose a forfeiture
penalty because the station broadcast or otherwise transmitted
advertisements (a) of a business selling cannabis or cannabis-derived
products, the sale or distribution of which is authorized in the State,
political subdivision of a State, or Indian country in which the
community of license of a station is located, or (b) of a business
selling hemp, hemp-derived CBD products or other hemp-derived
cannabinoid products.
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, $81,674,000, of which not to exceed
$5,000 shall be available for reception and representation expenses:
Provided, That not less than $2,211,000 shall be for the salaries and
expenses of the Office of the Inspector General.
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,
$31,762,000: 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, $490,000,000 (reduced by $5,000,000)
(increased by $5,000,000), 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 $280,000,000: 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 $10,485,535,000 (reduced by
$2,000,000) (reduced by $1,000,000) (reduced by $6,700,000) (reduced by
$1,000,000) (reduced by $3,000,000), of which--
(1) $962,438,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $379,938,000 is for the Department of Homeland
Security Consolidation at St. Elizabeths, Washington,
DC;
(B) $21,000,000 is for the Federal Energy
Regulatory Commission Lease Purchase;
(C) $500,000,000 is for the Federal Bureau of
Investigation Headquarters Consolidation in the
National Capital Region; and
(D) $61,500,000 is for the U.S. Courthouse in
Hartford, CT:
Provided, That each of the foregoing limits of costs on new
construction and acquisition 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) $974,708,000 (increased by $20,000,000) shall remain
available until expended for repairs and alterations, including
associated design and construction services, of which--
(A) $475,911,000 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;
New York:
New York, Alexander Hamilton U.S.
Courthouse, $68,497,000;
Pennsylvania:
Philadelphia, James A. Byrne U.S.
Courthouse, $83,955,000;
Georgia:
Atlanta, Sam Nunn Atlanta Federal Center,
$72,015,000;
Montana:
Butte, Mike Mansfield Federal Building and
U.S. Courthouse, $25,792,000;
California:
San Francisco Federal Building,
$15,687,000;
Vermont:
St. Albans, Federal Building, U.S. Post
Office and Courthouse, $17,978,000;
Colorado:
Denver, Federal Center Infrastructure,
$47,664,000;
(B) $398,797,000 is for Basic Repairs and
Alterations, of which $3,000,000 is for repairs to the
water feature at the Wilkie D. Ferguson Jr. U.S.
Courthouse in Miami, FL; and
(C) $100,000,000 (increased by $20,000,000) is for
the Special Emphasis Programs:
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) $5,596,008,000 (reduced by $20,000,000) (reduced by
$2,000,000) (reduced by $1,000,000) (reduced by $1,000,000)
(increased by $1,000,000) (reduced by $6,700,000) (reduced by
$1,000,000) (reduced by $3,000,000) for rental of space to
remain available until expended; and
(4) $2,952,381,000 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 2022, 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 and evaluation activities 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; $71,186,000, 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; 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,
$10,352,000, of which $2,000,000 shall remain available until September
30, 2024.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $74,583,000: 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 necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses 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; $115,784,000, 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 $160,000,000:
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, of the total amount appropriated, up to $5,000,000 shall
be available for support functions and full-time hires to support
activities related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act of 2018 (Public
Law 115-435): Provided further, That the transfer authorities provided
herein shall be in addition to any other transfer authority provided in
this Act.
technology modernization fund
For the Technology Modernization Fund, $100,000,000, to remain
available until expended, for technology-related modernization
activities.
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), $7,000,000, to remain
available until expended.
working capital fund
(including transfer of funds)
For the Working Capital Fund of the General Services
Administration, $10,900,000, 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: Provided, That amounts made available under this heading
shall be in addition to any other amounts available for such purposes.
electric vehicles fund
(including transfer of funds)
For the procurement of zero emission and electric passenger motor
vehicles and the associated charging infrastructure, notwithstanding
section 303(c) of the Energy Policy Act of 1992 (42 U.S.C. 13212(c)),
$100,000,000, to remain available until expended: Provided, That
amounts made available under this heading shall be in addition to any
other amounts available for such purposes: Provided further, That
amounts available under this heading may be transferred to and merged
with appropriations at other Federal agencies, at the discretion of the
Administrator, for carrying out the purposes under this heading,
including for the procurement of charging infrastructure for the United
States Postal Service.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 527. None of the funds made available in this or any other
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.
Sec. 528. None of the funds made available in this Act may be used
by the General Services Administration to award or facilitate the award
of any contract for the provision of architectural, engineering, and
related services in a manner inconsistent with the procedures in
chapter 11 of title 40, United States Code, and subpart 36.6 of title
48, Code of Federal Regulations.
Sec. 529. None of the funds made available in this Act may be used
to implement or otherwise carry out directives contained in any
Executive order that would establish a preferred architectural style
for Federal buildings and courthouses or that would otherwise conflict
with the Guiding Principles of Federal Architecture, as established by
the Ad Hoc Committee on Federal Space on June 1, 1962.
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, $2,500,000
(increased by $500,000), 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, $51,139,000, to remain available until
September 30, 2024, and in addition $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 Trust Fund,
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, and to remain available 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 under sections 10 and 11 of the Morris K. Udall and
Stewart L. Udall Foundation Act (Public Law 111-90), $3,943,000, to
remain available until expended: Provided, That during fiscal year
2023 and each fiscal year thereafter, any amounts in such Fund shall,
pursuant to section 1557 of title 31, United States Code, be exempt
from the provisions of subchapter IV of chapter 15 of such title.
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, $427,520,000, 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. 3301 note).
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, $5,980,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
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, $9,500,000,
to remain available until expended.
administrative provision--national archives and records administration
Sec. 530. For an additional amount for ``National Historical
Publications and Records Commission Grants Program'', $1,332,000, 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
report 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, $4,000,000 shall be
available until September 30, 2024, for technical assistance to low-
income designated credit unions.
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 of 2012,
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, $25,400,000.
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, $220,262,000:
Provided, That of the total amount made available under this heading,
$19,373,000 shall remain available until expended, for information
technology infrastructure 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 $190,316,000 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) upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That amounts transferred to such a fund under the
preceding proviso from any organizational category of the Office of
Personnel Management shall not exceed 5 percent of its 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, $5,556,000, and in addition, not to exceed $32,163,000
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, $31,990,000.
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), $10,700,000, 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), $4,000,000 (reduced by $4,000,000) (increased by
$4,000,000), 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 $18,979,400 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.
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; and 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: 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 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.
administrative provision--securities and exchange commission
Sec. 540. None of the funds made available by this Act may be used
to implement the amendments to sections 240.14a-1(l), 240.14a-2, or
240.14a--9 of title 17, Code of Federal Regulations, that were adopted
by the Securities and Exchange Commission on July 22, 2020.
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; $29,300,000:
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, $313,872,000 (reduced by $2,000,000) (reduced by $30,000,000)
(increased by $30,000,000), 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 remain available until September 30,
2024, for the Loan Modernization and Accounting System: Provided
further, That $20,000,000 shall remain available until September 30,
2024, for expenses relating to the certification of small business
concerns owned and controlled by veterans and small business concerns
owned and controlled by service-disabled veterans under sections 36 and
36A of the Small Business Act (15 U.S.C. 657f; 657f-1).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $326,000,000 (reduced by $5,000,000)
(increased by $5,000,000) (increased by $6,700,000) (increased by
$2,000,000), to remain available until September 30, 2024: Provided,
That $145,000,000 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
$22,000,000 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,
$32,020,000 (increased by $1,000,000).
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.), $10,211,000, 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 shall not exceed $11,000,000,000: 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 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 $7,500,000,000: 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
(reduced by $1,000,000) (increased by $1,000,000), 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 section 1(f) of H. Res. 1151 (117th Congress), as engrossed
in the House of Representatives on June 8, 2022.
administrative provisions--small business administration
(including transfers of funds)
Sec. 550. 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.
Sec. 551. 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.
Sec. 552. For an additional amount under the heading ``Small
Business Administration--Salaries and Expenses'', $75,159,000, which
shall be for initiatives related to small business development and
entrepreneurship, including programmatic and construction activities,
in the amounts and for the projects specified in the table that appears
under the heading ``Administrative Provisions--Small Business
Administration'' in the report 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, $56,253,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
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
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 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.
Sec. 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, unless expressly so provided
herein.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 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: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 paragraph (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.
Sec. 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.
Sec. 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 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 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.
Sec. 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.
Sec. 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.).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 House of Representatives and the Senate a
quarterly budget report that includes total obligations of the Agency
for that quarter for each appropriation, by the source year of the
appropriation.
Sec. 631. None of the funds made available in this Act may be used
to penalize a financial institution solely because the institution
provides financial services to an entity that is a manufacturer, a
producer, or a person that participates in any business or organized
activity that involves handling hemp, hemp-derived cannabidiol
products, other hemp-derived cannabinoid products, marijuana, marijuana
products, or marijuana proceeds, and engages in such activity pursuant
to a law established by a State, political subdivision of a State, or
Indian Tribe. In this section, the term ``State'' means each of the
several States, the District of Columbia, and any territory or
possession of the United States.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 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.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 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 $19,947 except station wagons for which
the maximum shall be $19,997: 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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. 13834
(May 17, 2018), 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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))).
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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, the United States Postal Service,
and the Postal Regulatory Commission.
(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.
Sec. 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.
Sec. 721. 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 multi-agency 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, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including 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, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2023 shall remain available for obligation
through September 30, 2024: Provided further, That such transfers or
reimbursements may only be made after 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 2023 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.
Sec. 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.
Sec. 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.
Sec. 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.).
Sec. 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.
Sec. 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.
Sec. 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
or the Office of Special Counsel, (3) the reporting to an Inspector
General 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 2023
which does not contain substantially similar language to that required
in subsection (a).
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 746. (a) Notwithstanding any 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 the rate payable to
the Vice President on December 31, 2022, by operation of section 747 of
division E of Public Law 117-103.
(b) Notwithstanding any official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2023 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2022, by operation of section 747 of division E of Public Law 117-103.
Such an employee may not receive a rate 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) may
not receive a pay rate 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 may not receive a pay rate 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 limitations on payable rates of pay in effect on December
31, 2022, by operation of section 747 of division E of Public Law 117-
103.
(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 limitations on payable rates of pay in
effect on December 31, 2022, by operation of section 747 of division E
of Public Law 117-103.
(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.
Sec. 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.
Sec. 748. During the current fiscal year--
(a) 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--
(1) 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
(2) 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.
(b) 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--
(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
(2) 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.
(c) 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.
(d)(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.
(e)(1) An officer or employee of the Executive Branch of the United
States Government violating this section shall be subject to
appropriate administrative discipline including, when circumstances
warrant, suspension from duty without pay or removal from office.
(2) 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.
(3) 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, a statement of the
administrative discipline imposed and any further action taken with
respect to any officer or employee involved in the violation, a
statement of any additional action taken to prevent recurrence of the
same type of violation, and any written response by any officer or
employee identified by position as involved in the 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.
Sec. 749. (a) If an executive agency or the District of Columbia
government receives a written request for information, documentation,
or views from the Government Accountability Office relating to a
decision or opinion on budget or appropriations law, the executive
agency or the District of Columbia government shall provide the
requested information, documentation, or views not later than 20 days
after receiving the written request, unless such written request
specifically provides otherwise.
(b) If an executive agency or the District of Columbia government
fails to respond to the request for information, documentation, or
views within the time required by this section--
(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and the
Senate of such failure; and
(2) the Comptroller General is hereby expressly empowered,
through attorneys of their own selection, to bring a civil
action in the United States District Court for the District of
Columbia to require such information, documentation, or views
to be produced, and such court is expressly empowered to enter
in such civil action, against any department, agency, officer,
or employee of the United States, any decree, judgment, or
order which may be necessary or appropriate to require such
production.
(c) If the Government Accountability Office determines that an
officer or employee of an executive agency or an officer or employee of
the District of Columbia government has violated section 1341(a), 1342,
or 1517(a) of title 31, United States Code, the head of the agency or
the Mayor of the District of Columbia, as the case may be, shall report
immediately to the President and 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 on the same date the
report is transmitted to the President and Congress: Provided further,
That in the case that the Government Accountability Office issues a
legal decision concluding that section 1341(a), 1342, or 1517(a) of
title 31, United States Code was violated, and the executive agency or
District of Columbia government, as applicable, does not agree that a
violation has occurred, the report provided to the President, the
Congress, and the Comptroller General will explain its position.
(d) The report required by subsection (c) and any report required
by section 1351 or section 1517(b) of title 31, United States Code,
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 officer or employee
responsible for the violation, a statement of the administrative
discipline imposed and any further action taken with respect to any
officer or employee involved in the violation, a statement of any
additional action taken to prevent recurrence of the same type of
violation, a statement of any determination that the violation was not
knowing and willful that has been made by the executive agency or
District of Columbia government, and any written response by any
officer or employee identified by position as involved in the
violation.
Sec. 750. (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.
Sec. 751. (a) Establishment.--There is hereby established the
Commission on Federal Naming and Displays (hereinafter referred to as
the ``Commission'').
(b) Duties.--
(1) Development of list.--Not later than 180 days after the
day by which all of its members have been appointed, the
Commission, with input from the general public, shall develop
and publish a list of property names, monuments, statues,
public artworks, historical markers, and other symbols owned by
the Federal government or located on property owned by the
Federal government (including the legislative branch and the
judicial branch) which the Commission identifies as
inconsistent with the values of diversity, equity, and
inclusion, including those that do not represent the
demographic diversity and history of the community.
(2) Recommendations.--Not later than 180 days after
publishing the list under paragraph (1), and after holding not
fewer than two public meetings, the Commission shall submit to
the President and Congress a report containing the following
information:
(A) A recommendation regarding whether each
property name, monument, statue, public artwork,
historical marker, or other symbol on the list
developed under paragraph (1) should remain unchanged
or should be renamed or removed.
(B) Supporting materials and context information
for each recommendation under subparagraph (A).
(C) Such other recommendations as the Commission
may consider appropriate, including recommendations for
educational programs, supplemental historical markers,
or other activities to promote diversity, equity, and
inclusion and to promote national reconciliation.
(3) Separate views of members.--The Commission may include
in the report submitted under paragraph (2) supplemental or
dissenting recommendations from individual members of the
Commission.
(c) Membership.--
(1) Appointment.--The Commission shall consist of the
following:
(A) Two members appointed by the President.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) Two members appointed by the Majority Leader of
the Senate.
(D) One member appointed by the Minority Leader of
the House of Representatives.
(E) One member appointed by the Minority Leader of
the Senate.
(F) Each of the following individuals:
(i) The Secretary of the Smithsonian
Institution.
(ii) The Historian of the House of
Representatives.
(iii) The Historian of the Senate.
(2) Qualifications.--Each member of the Commission
appointed under subparagraphs (A) through (E) of paragraph (1)
shall have 10 or more years of educational and professional
experience in one or more of the following disciplines:
(A) History.
(B) Art and antiquities.
(C) Historic preservation.
(D) Cultural heritage.
(E) Education.
(3) No compensation for service; travel expenses.--Members
of the Commission shall serve without pay, but each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--The members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(5) Co-chairs.--Not later than 10 days after the first
meeting of the Commission, the members of the Commission shall
select two co-chairs from among the members.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate, except that the Commission
shall hold its initial meeting not later than 10 days after the
day by which all of its members have been appointed.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties.
Upon request of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Librarian of Congress shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(5) Staff of federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties. Any
personnel detailed to the Commission under this paragraph may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 6101 of title 41,
United States Code.
(e) Funding.--There is hereby appropriated $1,500,000, to remain
available until expended, to carry out this section.
(f) Termination.--The Commission shall terminate 60 days after
submitting the report under subsection (b)(2).
Sec. 752. 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.
Sec. 753. (a) As a condition of 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 that is included in the
report or explanatory statement accompanying any such Act, any non-
Federal entity shall, to the extent practicable--
(1) retain until the date that is 3 years after the date on which
such entity has expended such funds any records related to the planned
or actual obligation or expenditure of such funds, and make available
any such records to the Comptroller General of the United States, upon
request; and
(2) subject to reasonable advance notification by the Comptroller
General--
(A) make available to the Comptroller General or their
designee for interview, any officers, employees, or staff of
such entity involved in the obligation or expenditure of such
funds; and
(B) grant access to the Comptroller General or their
designee for inspection, any facilities, work sites, offices,
or other locations, as the Comptroller General deems necessary,
at which the individuals referenced in subparagraph (A) carry
out their responsibilities related to such funds. The
Comptroller General may make and retain copies of these records
as the Comptroller General determines necessary.
(b) Access, rights, and authority provided to the Comptroller
General or their designee under this section shall be in addition to
any other authority vested in the Comptroller General, and nothing in
this section shall be construed to limit, amend, supersede, or restrict
in any manner any existing authority of the Comptroller General.
Sec. 754. (a) Beginning on the date that is 180 days after the date
of enactment of this Act, and except as provided in subsection (b),
none of the funds made available by this Act may be used to purchase
infrastructure as a service except infrastructure as a service
determined by the Government to take reasonable measures to--
(1) not store or transmit images which depict known violations of
sections 2251, 2251A, 2252, 2252A, 2252B or 2260 of title 18, United
States Code, with respect to child pornography; and
(2) comply with the reporting requirements under section 2258A(a)
of such title for such violations.
(b) The limitation in subsection (a) shall not apply to such
services used for bona fide law enforcement actions.
Sec. 755. 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.
Sec. 756. None of the funds appropriated by this Act may be used
in contravention of Executive Order No. 14076 (87 Fed. Reg 42053;
relating to protecting access to reproductive healthcare services).
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 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.
Sec. 802. 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.
Sec. 803. 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.
Sec. 804. (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.
Sec. 805. (a) Section 3(c)(2)(G) of the District of Columbia
College Access Act of 1999 (sec. 38-2702(c)(2)(G), D.C. Official Code)
is amended to read as follows:
``(G) is from a family with a taxable annual income
of less than the applicable family income limit, as
defined in paragraph (7).''.
(b) Section 3(c) of such Act (sec. 38-2702(c), D.C. Official Code)
is amended by adding at the end the following new paragraph:
``(7) Applicable family income limit.--The term `applicable
family income limit' means, with respect to an individual, the
following:
``(A) In the case of an individual who began an
undergraduate course of study prior to school year
2015-2016, $1,000,000.
``(B) In the case of an individual who begins an
undergraduate course of study in school year 2016-2017,
$750,000.
``(C) In the case of an individual who begins an
undergraduate course of study in school year 2017-2018
or school year 2018-2019, the applicable family income
limit under this paragraph for an individual who began
an undergraduate course of study in the previous school
year, adjusted by the Mayor for inflation, as measured
by the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics
of the Department of Labor.
``(D) In the case of an individual who begins an
undergraduate course of study in school year 2019-2020,
$500,000.
``(E) In the case of an individual who begins an
undergraduate course of study in school year 2020-2021,
the amount described in subparagraph (D), adjusted by
the Mayor for inflation, as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of
Labor.
``(F) In the case of an individual who begins an
undergraduate course of study in school year 2021-2022,
$750,000.
``(G) In the case of an individual who begins an
undergraduate course of study in school year 2022-2023
or any succeeding school year, the applicable family
income limit under this paragraph for an individual who
began an undergraduate course of study in the previous
school year, adjusted by the Mayor for inflation, as
measured by the percentage increase, if any, from the
preceding fiscal year in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.''.
(c) The amendments made by this section shall take effect as if
included in the enactment of the Financial Services and General
Government Appropriations Act, 2019 (division D of Public Law 116-6).
Sec. 806. 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.
Sec. 807. (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.
Sec. 808. No services may be made available in accordance with
section 740(a) of the District of Columbia Home Rule Act (sec. 1-
207.40(a), D.C. Official Code) at any time during fiscal year 2023.
Sec. 809. 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)''.
Sec. 810. Adjustments in Compensation Rates for Certain
Personnel.--
(a) Attorneys Representing Indigent Defendants.--
(1) Section 11-2604(a), District of Columbia Official Code,
is amended by striking ``at a fixed rate of $90 per hour'' and
inserting ``an hourly rate not to exceed the rate payable under
section 3006A(d)(1) of title 18, United States Code''.
(2) The amendments made by this section shall apply with
respect to cases and proceedings initiated on or after the date
of the enactment of this Act.
(b) Criminal Justice Investigators.--
(1) Section 11-2605, District of Columbia Official Code, is
amended in subsections (b) and (c) by striking ``(or, in the
case of investigative services, a fixed rate of $25 per hour)''
each place it appears.
(2) The amendments made by this section shall apply with
respect to investigative services provided in connection with
cases and proceedings initiated on or after the date of the
enactment of this Act.
Sec. 811. 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 division may be cited as the ``Financial Services and General
Government Appropriations Act, 2023''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE 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)),
$1,416,126,000 (reduced by $1,000,000) (increased by $1,000,000), to
remain available until September 30, 2024; of which $79,345,000 for
annual and deferred maintenance and $156,100,000 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
115-31 (43 U.S.C. 1748c(e)(1)(A)).
In addition, $51,020,000, 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 $1,416,126,000 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;
$125,049,000, 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
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, $1,649,753,000, 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)) of
such section.
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;
$32,904,000, to remain available until expended: Provided, That such
amounts are available for the modernization of field communication
capabilities, in addition to amounts otherwise 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), $24,564,000, 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.),
$50,000,000, 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.), $5,100,000, 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.), $25,500,000,
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, $74,362,000 (increased by
$74,362,000) (reduced by $74,362,000) (increased by $1,000,000), to
remain available until expended: Provided, That of the amount provided
herein, $6,250,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $7,862,000 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 $14,112,000 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 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, $3,089,856,000 (reduced by $5,000,000) (increased by
$5,000,000), 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, $88,243,000, to
remain available until September 30, 2024.
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), $170,825,000 (reduced by $3,000,000) (increased by $3,000,000),
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; $26,750,000 is for competitive grants to preserve the
sites and stories of the Civil Rights movement; $10,000,000 is for
grants to Historically Black Colleges and Universities; $10,000,000 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; $3,000,000 is for a competitive grant program to honor the
semiquincentennial anniversary of the United States by restoring and
preserving sites and structures listed on the National Register of
Historic Places that commemorate the founding of the nation; and
$11,650,000 is for projects specified for the Historic Preservation
Fund in the table titled ``Interior and Environment Incorporation of
Community Project Funding Items'' included for this division in the
report 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 compliance and planning for programs and areas
administered by the National Park Service, $279,340,000, 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
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; $1,644,232,000,
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.
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
$228,765,000 (increased by $1,000,000) (increased by $2,000,000)
(reduced by $2,000,000), of which $191,765,000 (increased by
$1,000,000) 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
$191,765,000 (increased by $1,000,000): 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, $175,086,000, of which $151,086,000 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 $156,086,000.
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,
$122,076,000, 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
$122,076,000.
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, $34,142,000, 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 report 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,
$88,042,000 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,
$35,218,000 shall be distributed in equal amounts to the three
Appalachian States with the subsequent greatest amount of unfunded
needs to meet such priorities, and $11,740,000 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 report 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.), $2,149,387,000, 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 $78,488,000 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 $67,084,000 shall remain available
until expended for housing improvement, road maintenance, land
acquisition, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: 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), $50,000,000, 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; $181,009,000, 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).
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.), $1,202,676,000 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 $870,288,000 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
$99,107,000 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;
$375,102,000 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,
$111,286,000, 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 eighth 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, $147,706,000 (reduced by $1,000,000) (reduced by $1,000,000)
(reduced by $1,000,000) (reduced by $8,000,000) (increased by
$8,000,000) (reduced by $4,000,000) (increased by $4,000,000), 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, $121,257,000, of
which: (1) $111,040,000 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, $5,000,000
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,
$103,190,000, to remain available until September 30, 2024.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$76,870,000, 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, $1,202,130,000 (increased by $1,000,000), 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
$304,344,000 is for fuels management activities: Provided further,
That of the funds provided $22,470,000 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,
$45,000,000, 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, and information technology
improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the
Department, $118,746,000 (reduced by $2,000,000), 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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 subsection (c) 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 (d) with payment required by the
end of the following quarter.
contracts and agreements for wild horse and burro holding facilities
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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)
Sec. 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
Sec. 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.
long bridge project
Sec. 116. (a) Authorization of Conveyance.--On request by the State
of Virginia or the District of Columbia for the purpose of the
construction of rail and other infrastructure relating to the Long
Bridge Project, the Secretary of the Interior may convey to the State
or the District of Columbia, as applicable, all right, title, and
interest of the United States in and to any portion of the
approximately 4.4 acres of National Park Service land depicted as
``Permanent Impact to NPS Land'' on the Map dated May 15, 2020, that is
identified by the State or the District of Columbia.
(b) Terms and Conditions.--Such conveyance of the National Park
Service land under subsection (a) shall be subject to any terms and
conditions that the Secretary may require. If such conveyed land is no
longer being used for the purposes specified in this section, the lands
or interests therein shall revert to the National Park Service after
they have been restored or remediated to the satisfaction of the
Secretary.
(c) Corrections.--The Secretary and the State or the District of
Columbia, as applicable, by mutual agreement, may--
(1) make minor boundary adjustments to the National Park
Service land to be conveyed to the State or the District of
Columbia under subsection (a); and
(2) correct any minor errors in the Map referred to in
subsection (a).
(d) Definitions.--For purposes of this section:
(1) Long bridge project.--The term ``Long Bridge Project''
means the rail project, as identified by the Federal Railroad
Administration, from Rosslyn (RO) Interlocking in Arlington,
Virginia, to L'Enfant (LE) Interlocking in Washington, DC,
which includes a bicycle and pedestrian bridge.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(3) State.--The term ``State'' means the State of Virginia.
interagency motor pool
Sec. 117. 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
Sec. 118. 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
Sec. 119. (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''.
study for selma to montgomery national historic trail
Sec. 120. (a) Study.--The Secretary of the Interior (Secretary)
shall conduct a study to evaluate--
(1) resources associated with the 1965 Voting Rights March
from Selma to Montgomery not currently part of the Selma to
Montgomery National Historic Trail (Trail) (16 U.S.C.
1244(a)(20)) that would be appropriate for addition to the
Trail; and
(2) the potential designation of the Trail as a unit of the
National Park System instead of, or in addition to, remaining a
designated part of the National Trails System.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit to the House and Senate Committees
on Appropriations, the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report that describes the results of the study and the
conclusions and recommendations of the study.
(c) Land Acquisition.--The Secretary is authorized, subject to the
availability of appropriations and at her discretion, to acquire
property or interests therein located in the city of Selma, Alabama and
generally depicted on the map entitled, ``Selma to Montgomery NHT
Proposed Addition,'' numbered 628/177376 and dated September 14, 2021,
with the consent of the owner, for the benefit of the Selma to
Montgomery National Historic Trail and to further the purpose for which
the trail has been established.
appraiser pay authority
Sec. 121. 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
Sec. 122. (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.--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) Billing and Payment.--BLM shall bill designated operators not
later than 60 days after the date 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
Sec. 123. (a) Effective upon the later of October 1, 2022, or the
date of enactment of this Act, the fifth and sixth provisos under the
amended heading ``Royalty and Offshore Minerals Management'' for the
Minerals Management Service in Public Law 101-512 shall hereafter have
no force or effect.
(b) Beginning on the later of October 1, 2022, or the date of
enactment of this Act, and in each fiscal year hereafter--
(1) 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.
(2) Amounts deposited into the decommissioning account may
be allocated to the Bureau of Safety and Environmental
Enforcement for such costs.
(3) Any moneys received for such costs currently held in
the Ocean Energy Management account shall be transferred to the
decommissioning account.
(4) 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.
land and water conservation fund financial assistance to states
Sec. 124. 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.
incorporation by reference
Sec. 125. (a) H.R. 6707 as introduced in the 117th Congress
(Advancing Equality for Wabanaki Nations Act) is hereby enacted into
law.
(b) In publishing this Act in slip form and in the United States
Statutes at large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the date
of approval at the end an appendix setting forth the text of the
sections of the bill referred to in subsection (a).
indian reservation gaming regulations
Sec. 126. The Ysleta del Sur Pueblo and Alabama and Coushatta
Indian Tribes of Texas Restoration Act (Public Law 100--89; 101 Stat.
666) is amended by adding at the end the following:
``SEC. 301 RULE OF CONSTRUCTION.
``Nothing in this Act shall be construed to preclude or limit the
applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).''.
indian reorganization act
Sec. 127. (a) Modification.--(1) In General.--The first sentence of
section 19 of the Act of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (25 U.S.C. 5129), is amended--
(A) by striking ``The term'' and inserting ``Effective beginning on
June 18, 1934, the term''; and
(B) by striking ``any recognized Indian tribe now under Federal
jurisdiction'' and inserting ``any federally recognized Indian tribe''.
(2) Effective Date.--The amendments made by paragraph (1) shall
take effect as if included in the Act of June 18, 1934 (commonly known
as the ``Indian Reorganization Act'') (25 U.S.C. 5129), on the date of
enactment of that Act.
(b) Ratification And Confirmation Of Actions.--Any action taken by
the Secretary of the Interior pursuant to the Act of June 18, 1934
(commonly known as the ``Indian Reorganization Act'') (25 U.S.C. 5101
et seq.) for any Indian tribe that was federally recognized on the date
of the action is ratified and confirmed, to the extent such action is
subjected to challenge based on whether the Indian tribe was federally
recognized or under Federal jurisdiction on June 18, 1934, as if the
action had, by prior act of Congress, been specifically authorized and
directed.
(c) Effect On Other Laws.--(1) In General.--Nothing in this section
or the amendments made by this section affects--
(A) the application or effect of any Federal law other than the Act
of June 18, 1934 (25 U.S.C. 5101 et seq.) (as amended by subsection
(a)); or
(B) any limitation on the authority of the Secretary of the
Interior under any Federal law or regulation other than the Act of June
18, 1934 (25 U.S.C. 5101 et seq.) (as so amended).
(2) References in other laws.--An express reference to the Act of
June 18, 1934 (25 U.S.C. 5101 et seq.) contained in any other Federal
law shall be considered to be a reference to that Act as amended by
subsection (a).
lowell national historic park
Sec. 128. Section 103(a) of Public Law 95-290 (16 U.S.C. 410cc-13;
92 Stat. 292) is amended by striking paragraph (1) and redesignating
paragraph (2) as paragraph (1).
restriction on use of funds
Sec. 129. (a) None of the funds made available in this Act may be
used by the Secretary of the Interior or the Director of the Bureau of
Ocean Energy Management to conduct or authorize oil and gas preleasing,
leasing, or related activities, including but not limited to the
issuance of permits for geological and geophysical exploration, in any
planning area where the 2017-2022 Outer Continental Shelf Oil and Gas
Leasing Proposed Final Program (November 2016) did not schedule leases.
(b) The restrictions under subsection (a) apply to the formal steps
identified by the Department of the Interior and the enabling steps
prior to leasing, including the issuance of permits for geological and
geophysical exploration.
tribal cannabis
Sec. 130. None of the funds appropriated by this Act to the
Department of Justice or its agencies or bureaus or the Department of
the Interior, Bureau of Indian Affairs, Office of Justice Services,
including those agency funds distributed to any Indian tribe (as such
term is defined in the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 5130(2))) via the Indian Self-Determination and
Education Assistance Act (25 U.S.C. Sec. 5301, et. seq.), may be used
to enforce federal laws criminalizing the use, distribution,
possession, or cultivation of marijuana against any person engaged in
the use, distribution, possession, or cultivation of marijuana in
Indian country (as defined by 18 U.S.C. Sec. 1151), where tribal laws
authorize such use, distribution, possession, or cultivation of
marijuana, subject to the following:
(1) unless federal law subjects the Indian lands (as such
term is defined in the Indian Gaming Regulatory Act (25 U.S.C.
2703(4)) to the civil and criminal laws of the state and the
tribal laws authorizing the use, distribution, possession, or
cultivation of marijuana do not comply therewith or the Indian
lands are not in a state that has legalized marijuana for any
purpose; and
(2) provided the governing Indian tribe (Federally
Recognized Indian Tribe List Act) takes reasonable measures
under tribal marijuana laws to ensure that marijuana is
prohibited for minors; marijuana is not diverted to states or
tribes where marijuana is prohibited by state or tribal law;
marijuana is not used as a means for trafficking other illegal
drugs or used to support organized crime activity; and
marijuana is not permitted on Federal public lands.
visitor experience improvement authority
Sec. 131. Section 101938 of title 54, United States Code, is
amended by striking ``7'' and inserting ``9''.
big cypress national preserve
Sec. 132. The Secretary of the Interior, acting through the
Director of the National Park Service, shall prepare an environmental
impact statement under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), prior to approving an operations permit, as
described in 36 Code of Federal Regulations, subpart B Sec. Sec. 9.80
through 9.90, for the purpose of conducting or proposing to conduct
non-federal oil or gas operations within the Big Cypress National
Preserve.
TITLE 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, $872,743,000
(reduced by $2,000,000) (increased by $2,000,000), to remain available
until September 30, 2024: Provided, That of the funds included under
this heading, $10,000,000 shall be for Research: National Priorities as
specified in the report 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,
$3,792,315,000 (reduced by $80,000,000) (increased by $80,000,000)
(reduced by $5,000,000) (increased by $5,000,000) (reduced by
$15,000,000) (increased by $15,000,000), to remain available until
September 30, 2024: Provided, That of the amounts made available under
this heading, $27,700,000 shall be for Environmental Protection:
National Priorities as specified in the report accompanying this Act:
Provided further, That of the amounts made available under this
heading, $679,938,000 shall be for Geographic Programs specified in the
report accompanying this Act: Provided further, That amounts made
available under this heading may be used for environmental justice
implementation and training grants, and associated program support
costs. Provided further, That of the amounts made available 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,
$55,865,000, 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, $80,570,000, 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, $1,313,638,000, to remain
available until expended, consisting of, in the following order,
amounts made available for fiscal year 2023 pursuant to section 613 of
Public Law 117-58; to the extent necessary, 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 to the extent
necessary, up to $1,313,638,000 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, $12,111,000 shall be paid to the ``Office of
Inspector General'' appropriation to remain available until September
30, 2024, and $31,391,000 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, $5,177,332,000 (reduced by $1,000,000) (increased
by $1,000,000), to remain available until expended, of which--
(1) $1,751,646,000 (reduced by $1,000,000) (increased by
$1,000,000) 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 $1,126,096,000 shall
be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That $553,401,264 of the funds made
available for capitalization grants for the Clean Water State
Revolving Funds and $381,263,499 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 report accompanying this Act
for projects specified for ``STAG--Drinking Water SRF'' and
``STAG--Clean Water SRF'', in the table titled ``Interior and
Environment Incorporation of Community Project Funding Items''
included in the report 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 the
Administrator is authorized to use up to $1,500,000 of amounts
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 for fiscal year 2023,
amounts 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 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: (1) solely for facility plans,
design activities, or plans, specifications, and estimates for
any proposed project for the construction of treatment works;
and (2) for the construction, repair, or replacement of
privately owned treatment works serving one or more principal
residences or small commercial establishments: 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: (1) solely for facility
plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
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 amounts made
available under this paragraph 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 during fiscal years 2023 through
2027;
(2) $35,000,000 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) $40,000,000 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) $130,982,000 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) $150,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $100,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322);
(8) $42,593,000 shall be for grants under subsections (a)
through (j) of section 1459A of the Safe Drinking Water Act (42
U.S.C. 300j-19a);
(9) $36,000,000 shall be for grants under section 1464(d)
of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
(10) $51,011,000 shall be for grants under section 1459B of
the Safe Drinking Water Act (42 U.S.C. 300j-19b);
(11) $6,000,000 shall be for grants under section 1459A(l)
of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
(12) $33,000,000 shall be for grants under section
104(b)(8) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)(8));
(13) $280,000,000 shall be for grants under section 221 of
the Federal Water Pollution Control Act (33 U.S.C. 1301);
(14) $5,000,000 shall be for grants under section 4304(b)
of the America's Water Infrastructure Act of 2018 (Public Law
115-270);
(15) $10,000,000 shall be for grants under section 1442(b)
of the Safe Drinking Water Act (42 U.S.C. 300j-1(b));
(16) $10,000,000 shall be for grants under section 1459F of
the Safe Drinking Water Act (42 U.S.C. 300j-19g);
(17) $5,000,000, in addition to amounts otherwise
available, shall be for grants under sections 104(b)(3),
104(b)(8), and 104(g) of the Federal Water Pollution Control
Act (33 U.S.C. 1254(b)(3), 1254(b)(8) and 1254(g));
(18) $5,000,000 shall be for grants under section 224 of
the Federal Water Pollution Control Act (33 U.S.C. 1302b);
(19) $5,000,000 shall be for grants under section 226 of
the Federal Water Pollution Control Act (33 U.S.C. 1302d);
(20) $5,000,000 shall be for grants under section 50213 of
the Infrastructure Investment and Jobs Act (42 U.S.C. 10361;
Public Law 117-58);
(21) $5,000,000 shall be for grants under section 50217(b)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(b); Public Law 117-58);
(22) $5,000,000 shall be for grants under section 50217(c)
of the Infrastructure Investment and Jobs Act (33 U.S.C.
1302f(c); Public Law 117-58);
(23) $10,000,000 shall be for grants under section 220 of
the Federal Water Pollution Control Act (33 U.S.C. 1300);
(24) $5,000,000 shall be for grants under section 124 of
the Federal Water Pollution Control Act (33 U.S.C. 1276); and
(25) $1,321,004,000 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: $46,954,000 shall be for
carrying out section 128 of CERCLA; $15,000,000 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 $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
grants made pursuant to the authority in such section 302(a)
may also be used for the construction, maintenance, and
operation of post consumer materials management or recycling
facilities: Provided further, That notwithstanding such
section 302(a), 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).
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, $72,108,000, 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
preceding 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, $8,236,000, 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 is authorized to transfer up to $368,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $350,000 per
project.
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 of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with section
26(b) of the Toxic Substances Control Act (15 U.S.C. 2625(b)) for
fiscal year 2023, to remain available until expended.
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 $4,000,000 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.''.
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.
TITLE 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, $1,429,000: 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 (reduced by $1,000,000) (increased by
$1,000,000), 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, $360,370,000, to remain available through September
30, 2026: Provided, That of the funds provided, $37,700,000 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, $332,626,000, to remain available through
September 30, 2026, as authorized by law, of which $9,482,000 shall be
for projects specified for Forest Resource Information and Analysis in
the table titled ``Interior and Environment Incorporation of Community
Project Funding Items'' included in the report 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, $1,997,650,000 (reduced by $5,000,000)
(increased by $5,000,000) (reduced by $8,000,000) (increased by
$8,000,000), to remain available through September 30, 2026: Provided,
That of the funds provided, $60,000,000 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 of the funds provided, $38,000,000 shall be for forest
products: Provided further, That of the amounts made available for
hazardous fuels management under this heading in prior Acts, any
unobligated amounts may be transferred to ``Forest Service--Wildland
Fire Management'' to be used for the purposes provided therein:
Provided further, That funds made available 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 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, $162,182,000 (reduced by $5,000,000) (increased by
$5,000,000), 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 for 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 $15,000,000 shall be for activities
authorized by 16 U.S.C. 538(a): 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
(including transfers of funds)
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, and for emergency rehabilitation of burned-over National
Forest System lands and water, $2,678,659,000, 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 any unobligated funds appropriated in
a previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account: 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, $321,388,000
shall be for hazardous fuels management activities, of which not to
exceed $15,000,000 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; to issue grants for hazardous fuels management
activities; for training or monitoring associated with such hazardous
fuels management activities on Federal land; or for training or
monitoring associated with such hazardous fuels management activities
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 National Forest
System Account, or reprogram funds to be used for the purposes of
hazardous fuels management and urgent rehabilitation of burned-over
National Forest System lands and water: Provided, That such
transferred funds shall remain available through September 30, 2026:
Provided further, That none of the funds transferred pursuant to this
paragraph 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. 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, 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. 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. 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,
$5,734,044,000, to remain available until September 30, 2024, except as
otherwise provided herein, together with payments received during the
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 grants or contracts with public or
private institutions to provide alcohol or drug treatment services to
Indians, including alcohol detoxification services: Provided further,
That $1,097,255,000 for Purchased/Referred Care, including $54,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, 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
funds provided, $58,000,000 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 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 use 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 may be
used for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: 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 of the funds provided, $232,138,000 is for the
Indian Health Care Improvement Fund and may be used, as needed, to
carry out activities typically funded under the Indian Health
Facilities account: 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,
$1,306,979,000, to 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 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 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, $4,676,000: 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.), $13,274,000, 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, $207,000,000 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, $207,000,000 to remain available
until expended, of which $188,250,000 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 $18,750,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $15,750,000 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, $8,750,000: 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 (increased by
$2,000,000), of which $1,000,000 shall remain available until September
30, 2025, for the Museum's equipment replacement program; and of which
$4,000,000 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 $90,000,000: Provided, That such section is
amended by striking ``$150,000,000'' and inserting ``$250,000,000''.
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
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, $15,000,000, to remain available until September 30, 2024.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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 described in section 4 (in the matter preceding
division A of this consolidated Act).
local contractors
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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
Sec. 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.
tribal leases
Sec. 429. 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.
forest ecosystem health and recovery fund
Sec. 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
Sec. 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 report 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 report
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 report 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 434(e)
of division G of the Consolidated Appropriations Act,
2021 (Public Law 116-260).
(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
Sec. 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 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
Sec. 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
Sec. 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).
ice age national scenic trail
Sec. 435. Section 5(a)(10) of the National Trails System Act (16
U.S.C. 1244(a)(10)) is amended by striking the third and fourth
sentences and inserting ``The trail shall be administered by the
Secretary of the Interior as a unit of the National Park System.''.
facilities renovation for urban indian organizations to the extent
authorized for other government contractors
Sec. 436. The Secretary of Health and Human Services may authorize
an urban Indian organization (as defined in section 4 of the Indian
Health Care Improvement Act (25 U.S.C. 1603) that is awarded a grant or
contract under title V of that Act (25 U.S.C. 1651 et seq.)) to use
funds provided in such grant or contract for minor renovations to
facilities or construction or expansion of facilities, including leased
facilities, to assist the urban Indian organization in meeting or
maintaining standards issued by Federal or State governments or by
accreditation organizations.
tongass national forest
Sec. 437. None of the funds made available by this Act may be used
to plan, design, study, or construct, for the purpose of harvesting
timber by private entities or individuals, a forest development road in
the Tongass National Forest.
road construction
Sec. 438. Section 8206(a)(4)(B)(i) of the Agricultural Act of 2014
(16 U.S.C. 2113a(a)(4)(B)(i)) is amended by inserting ``or Bureau of
Land Management managed'' after ``National Forest System''.
permit prohibition
Sec. 439. None of the funds made available by this Act may be used
to issue a permit for the import of a sport-hunted trophy of an
elephant or lion taken in Tanzania, Zimbabwe, or Zambia. The limitation
described in this section shall not apply in the case of the
administration of a tax or tariff.
Sec. 440. None of the funds made available by this division may be
used to enforce the Presidential Memorandum entitled ``Memorandum on
the Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition'' (issued September 8, 2020) or the
Presidential Memorandum entitled ``Presidential Determination on the
Withdrawal of Certain Areas of the United States Outer Continental
Shelf from Leasing Disposition'' (issued September 25, 2020), with
respect to leasing activities pursuant to section 8(p)(1)(C) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) relating to
the Mid Atlantic, South Atlantic, and Straits of Florida Planning
Areas.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2023''.
DIVISION F--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2023
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $997,425,000 (increased by
$997,425,000) (reduced by $997,425,000), to remain available until
September 30, 2027: Provided, That, of the amount made available under
this heading, not to exceed $240,011,000 shall be available for study,
planning, design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the Army
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the amount made available under this heading,
$101,860,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Army'' in the report accompanying this Act, in addition
to amounts otherwise available for such purposes.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $3,808,340,000, to remain available until September 30,
2027: Provided, That, of the amount made available under this heading,
not to exceed $428,073,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $5,949,000 shall be for the project and activity,
and in the amount, specified in the table under the heading ``Military
Construction, Navy and Marine Corps'' in the report accompanying this
Act, in addition to amounts otherwise available for such purposes.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $2,291,156,000, to remain available until September 30, 2027:
Provided, That, of the amount made available under this heading, not to
exceed $171,094,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Air Force determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $185,700,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Air Force'' in the report accompanying
this Act, in addition to amounts otherwise available for such purposes.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,675,128,000, to remain available until September 30, 2027: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, 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 further, That, of
the amount made available under this heading, not to exceed
$506,107,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the amount made available
under this heading, $58,730,000 shall be for the projects and
activities, and in the amounts, specified in the table under the
heading ``Military Construction, Defense-Wide'' in the report
accompanying this Act, in addition to amounts otherwise available for
such purposes.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $325,658,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $43,625,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Army National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $3,380,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Army National Guard'' in the
report accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $193,983,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $41,712,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
amount made available under this heading, $20,100,000 shall be for the
projects and activities, and in the amounts, specified in the table
under the heading ``Military Construction, Air National Guard'' in the
report accompanying this Act, in addition to amounts otherwise
available for such purposes.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $119,878,000, to
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed $19,829,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the Army
Reserve determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $30,337,000, to remain available until September
30, 2027: Provided, That, of the amount made available under this
heading, not to exceed $2,590,000 shall be available for study,
planning, design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $82,123,000, to
remain available until September 30, 2027: Provided, That, of the
amount made available under this heading, not to exceed $21,773,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of the Air
Force Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of both
Houses of Congress of the determination and the reasons therefor:
Provided further, That of the amount made available under this heading,
$5,500,000 shall be for the projects and activities, and in the
amounts, specified in the table under the heading ``Military
Construction, Air Force Reserve'' in the report accompanying this Act,
in addition to amounts otherwise available for such purposes.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $220,139,000, to remain available until expended.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $574,687,000, to remain
available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $169,339,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $446,411,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $337,297,000, to
remain available until September 30, 2027.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $378,224,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $232,788,000, to remain available
until September 30, 2027.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $365,222,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,113,000.
Department of Defense
Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$6,442,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense
Military Unaccompanied Housing Improvement Fund
For the Department of Defense Military Unaccompanied Housing
Improvement Fund, $494,000, to remain available until expended, for
unaccompanied housing initiatives undertaken pursuant to section 2883
of title 10, United States Code, providing alternative means of
acquiring and improving military unaccompanied housing and supporting
facilities.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 122. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
Sec. 123. All amounts appropriated to the ``Department of
Defense--Military Construction, Army'', ``Department of Defense--
Military Construction, Navy and Marine Corps'', ``Department of
Defense--Military Construction, Air Force'', and ``Department of
Defense--Military Construction, Defense-Wide'' accounts pursuant to the
authorization of appropriations in a National Defense Authorization Act
specified for fiscal year 2023 in the funding table in section 4601 of
that Act shall be immediately available and allotted to contract for
the full scope of authorized projects.
Sec. 124. Notwithstanding section 116 of this Act, funds made
available in this Act or any available unobligated balances from prior
appropriations Acts may be obligated before October 1, 2024 for fiscal
years 2017 and 2018 military construction projects for which project
authorization has not lapsed or for which authorization is extended for
fiscal year 2023 by a National Defense Authorization Act: Provided,
That no amounts may be obligated pursuant to this section 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.
Sec. 125. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
Sec. 126. For an additional amount for the accounts and in the
amounts specified for planning and design and unspecified minor
construction, for improving military installation resilience, to remain
available until September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$40,000,000;
``Military Construction, Air Force'', $40,000,000; and
``Military Construction, Defense-Wide'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 127. For an additional amount for the accounts and in the
amounts specified for planning and design, for child development
centers, to remain available until September 30, 2027:
``Military Construction, Army'', $15,000,000;
``Military Construction, Navy and Marine Corps'',
$15,000,000; and
``Military Construction, Air Force'', $15,000,000:
Provided, That not later than 60 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section.
Sec. 128. For an additional amount for ``Military Construction,
Air Force'', $360,000,000, to remain available until September 30,
2027, for expenses incurred as a result of natural disasters: Provided,
That not later than 60 days after the date of enactment of this Act,
the Secretary of the Air Force, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 129. For an additional amount for the accounts and in the
amounts specified for planning and design, unspecified minor
construction, and authorized major construction projects, for
construction improvements to Department of Defense laboratory
facilities, to remain available until September 30, 2027:
``Military Construction, Army'', $40,000,000;
``Military Construction, Navy and Marine Corps'',
$30,000,000; and
``Military Construction, Air Force'', $30,000,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 130. For an additional amount for ``Military Construction,
Air Force Reserve'', $8,000,000, to remain available until September
30, 2027: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Air Force's
unfunded priority list for fiscal year 2023 submitted to Congress:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of the Air Force, or a duly
authorized designee, shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this section.
Sec. 131. For an additional amount for the accounts and in the
amounts specified to address cost increases identified subsequent to
the fiscal year 2023 budget request for authorized major construction
projects included in that request, to remain available until September
30, 2027:
``Military Construction, Army'', $253,500,000;
``Military Construction, Navy and Marine Corps'',
$200,000,000;
``Military Construction, Air Force'', $30,000,000;
``Military Construction, Defense-Wide'', $37,897,000;
``Military Construction, Army National Guard'',
$89,000,000;
``Military Construction, Air National Guard'', $11,000,000;
``Military Construction, Army Reserve'', $66,000,000; and
``Military Construction, Navy Reserve'', $2,660,000:
Provided, That not later than 30 days after the date of enactment of
this Act, the Secretary of the military department concerned, or their
designee, shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided under this
section: Provided further, That the Secretary of the military
department concerned may not obligate or expend any funds prior to
approval by the Committees on Appropriations of both Houses of Congress
of the expenditure plan required by this section.
Sec. 132. For an additional amount for ``Military Construction,
Defense-Wide'' , $8,000,000, to remain available until September 30,
2027, to address cost increases for authorized major construction
projects funded by this Act: Provided, That not later than 30 days
after the date of enactment of this Act, the Secretary of Defense, or
their designee, shall submit to the Committees on Appropriations of
both Houses of Congress an expenditure plan for funds provided under
this section: Provided further, That the Secretary of Defense may not
obligate or expend any funds prior to approval by the Committees on
Appropriations of both Houses of Congress of the expenditure plan
required by this section.
Sec. 133. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $100,000,000, to remain available until
September 30, 2027, for planning and design of water treatment and
distribution facilities construction, including relating to
improvements of infrastructure and defueling at the Red Hill Bulk Fuel
Storage Facility: Provided, That not later than 180 days after the date
of enactment of this Act, the Secretary of the Navy, or their designee,
shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section:
Provided further, That the Secretary of the Navy may not obligate or
expend any funds prior to approval by the Committees on Appropriations
of both Houses of Congress of the expenditure plan required by this
section.
Sec. 134. For an additional amount for the accounts and in the
amounts specified for barracks and unaccompanied personnel housing, to
remain available until September 30, 2027:
``Military Construction, Army National Guard'',
$15,243,000; and
``Military Construction, Army Reserve'', $68,400,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department's unfunded priority
list for fiscal year 2023 submitted to Congress: Provided further, That
not later than 30 days after the date of enactment of this Act, the
Secretary of the Army, or their designee, shall submit to the
Committees on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 135. For an additional amount for ``Family Housing
Construction, Army'' , $138,783,000, to remain available until
September 30, 2027: Provided, That such funds may only be obligated to
carry out construction, improvement, and replacement projects
identified in the Department of the Army's cost to complete projects
list of previously appropriated projects submitted to Congress:
Provided further, That, of the amount made available under this
section, $28,900,000 shall be available for projects within the
continental United States: Provided further, That such projects are
subject to authorization prior to obligation and expenditure of funds
to carry out construction: Provided further, That not later than 30
days after the date of enactment of this Act, the Secretary of the
Army, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 136. For an additional amount for the accounts and in the
amounts specified for child development centers, to remain available
until September 30, 2027:
``Military Construction, Army'', $9,000,000;
``Military Construction, Navy and Marine Corps'',
$47,940,000; and
``Military Construction, Air Force'', $22,393,000:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military
department's Future Years Defense Program list for fiscal year 2023
submitted to Congress, or the respective military department's cost to
complete project list of previously appropriated projects submitted to
Congress: Provided further, That not later than 30 days after the date
of enactment of this Act, the Secretary of the military department
concerned, or their designee, shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$146,778,136,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That not to exceed
$21,423,000 of the amount made available for fiscal year 2024 under
this heading shall be reimbursed to ``General Operating Expenses,
Veterans Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the provisions of
chapters 51, 53, and 55 of title 38, United States Code, the funding
source for which is specifically provided as the ``Compensation and
Pensions'' appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of individual
medical facilities for nursing home care provided to pensioners as
authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$8,452,500,000, which shall become available on October 1, 2023, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under subsection (a) of section 3104 of title 38,
United States Code, other than under paragraphs (1), (2), (5), and (11)
of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21 of
title 38, United States Code, $121,126,000, which shall become
available on October 1, 2023, to remain available until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: 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, during fiscal year 2023, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $282,361,131.
vocational rehabilitation loans program account
For the cost of direct loans, $7,171, as authorized by chapter 31
of title 38, United States Code: 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 funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$942,330.
In addition, for administrative expenses necessary to carry out the
direct loan program, $445,698, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,400,000.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $3,863,000,000
(increased by $1,000,000) (reduced by $1,000,000) (reduced by
$1,000,000) (increased by $1,000,000) (reduced by $1,000,000)
(increased by $1,000,000): Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and (11) of
section 3104(a) of title 38, United States Code, that the Secretary of
Veterans Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and to obtain
and maintain suitable employment; or (2) to achieve maximum
independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this heading,
not to exceed 10 percent shall remain available until September 30,
2024.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, assistance and support services for
caregivers as authorized by section 1720G of title 38, United States
Code, loan repayments authorized by section 604 of the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note), monthly assistance allowances
authorized by section 322(d) of title 38, United States Code, grants
authorized by section 521A of title 38, United States Code, and
administrative expenses necessary to carry out sections 322(d) and 521A
of title 38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$327,000,000 (increased by $5,000,000) (increased by $1,000,000)
(increased by $1,000,000) (reduced by $1,000,000) (reduced by
$10,000,000) (increased by $10,000,000) (increased by $10,000,000)
(reduced by $10,000,000) (reduced by $3,000,000) (increased by
$3,000,000) (increased by $1,000,000) (increased by $5,000,000), which
shall be in addition to funds previously appropriated under this
heading that become available on October 1, 2022; and, in addition,
$74,004,000,000, plus reimbursements, shall become available on October
1, 2023, and shall remain available until September 30, 2024: Provided,
That, of the amount made available on October 1, 2023, under this
heading, $1,500,000,000 shall remain available until September 30,
2025: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a priority for
the provision of medical treatment for veterans who have service-
connected disabilities, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may authorize the
dispensing of prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written prescriptions
based on requirements established by the Secretary: Provided further,
That the implementation of the program described in the previous
proviso shall incur no additional cost to the Department of Veterans
Affairs: Provided further, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading for
medical supplies and equipment are available for the acquisition of
prosthetics designed specifically for female veterans.
medical community care
For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at non-
Department facilities, $4,300,000,000 (reduced by $5,000,000), which
shall be in addition to funds previously appropriated under this
heading that become available on October 1, 2022; and, in addition,
$33,000,000,000, plus reimbursements, shall become available on October
1, 2023, and shall remain available until September 30, 2024: Provided,
That, of the amount made available on October 1, 2023, under this
heading, $2,000,000,000 shall remain available until September 30,
2025.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$1,400,000,000, which shall be in addition to funds previously
appropriated under this heading that become available on October 1,
2022; and, in addition, $12,300,000,000, plus reimbursements, shall
become available on October 1, 2023, and shall remain available until
September 30, 2024: Provided, That, of the amount made available on
October 1, 2023, under this heading, $200,000,000 shall remain
available until September 30, 2025.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $1,500,000,000, which shall be
in addition to funds previously appropriated under this heading that
become available on October 1, 2022; and, in addition, $8,800,000,000,
plus reimbursements, shall become available on October 1, 2023, and
shall remain available until September 30, 2024: Provided, That, of the
amount made available on October 1, 2023, under this heading,
$350,000,000 shall remain available until September 30, 2025.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $926,000,000, plus reimbursements, shall
remain available until September 30, 2024: Provided, That the Secretary
of Veterans Affairs shall ensure that sufficient amounts appropriated
under this heading are available for prosthetic research specifically
for female veterans, and for toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $430,000,000, of which not to exceed 10
percent shall remain available until September 30, 2024.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $435,000,000 (reduced by $10,000,000)
(increased by $10,000,000) (reduced by $1,000,000), of which not to
exceed 10 percent shall remain available until September 30, 2024:
Provided, That funds provided under this heading may be transferred to
``General Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$285,000,000, of which not to exceed 10 percent shall remain available
until September 30, 2024.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$5,782,000,000 (reduced by $1,000,000) (reduced by $1,000,000), plus
reimbursements: Provided, That $1,494,230,000 (reduced by $1,000,000)
shall be for pay and associated costs, of which not to exceed 3 percent
shall remain available until September 30, 2024: Provided further, That
$4,145,678,000 (reduced by $1,000,000) shall be for operations and
maintenance, of which not to exceed 5 percent shall remain available
until September 30, 2024: Provided further, That $142,092,000 shall be
for information technology systems development, and shall remain
available until September 30, 2024: Provided further, That amounts made
available for salaries and expenses, operations and maintenance, and
information technology systems development may be transferred among the
three subaccounts after the Secretary of Veterans Affairs requests from
the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued: Provided
further, That amounts made available for the ``Information Technology
Systems'' account for development may be transferred among projects or
to newly defined projects: Provided further, That no project may be
increased or decreased by more than $3,000,000 of cost prior to
submitting a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further, That the
funds made available under this heading for information technology
systems development shall be for the projects, and in the amounts,
specified in the table entitled ``Information Technology Development
Projects'' under this heading in the report accompanying this Act.
veterans electronic health record
For activities related to implementation, preparation, development,
interface, management, rollout, and maintenance of a Veterans
Electronic Health Record system, including contractual costs associated
with operations authorized by section 3109 of title 5, United States
Code, and salaries and expenses of employees hired under titles 5 and
38, United States Code, $1,759,000,000 (reduced by $5,000,000)
(increased by $5,000,000), to remain available until September 30,
2025: Provided, That the Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress quarterly
reports detailing obligations, expenditures, and deployment
implementation by facility, including any changes from the deployment
plan or schedule: Provided further, That the funds provided in this
account shall only be available to the Office of the Deputy Secretary,
to be administered by that Office: Provided further, That 25 percent of
the funds made available under this heading shall not be available
until July 1, 2023, and are contingent upon the Secretary of Veterans
Affairs providing a certification of any changes to the deployment
schedules contained in the plan submitted pursuant to the last proviso
under this heading in division J of Public Law 117-103, an updated plan
with benchmarks and measurable metrics for deployment, and an updated
plan for addressing all required infrastructure upgrades, no later than
30 days prior to that date to the Committees on Appropriations, and
upon approval of the Committees on Appropriations prior to that date.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $273,000,000, of which
not to exceed 10 percent shall remain available until September 30,
2024.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,371,890,000 (increased by
$550,000,000) (reduced by $550,000,000), of which $731,722,000 shall
remain available until September 30, 2027, and of which $640,168,000
shall remain available until expended, of which $1,500,000 shall be
available for seismic improvement projects and seismic program
management activities, including for projects that would otherwise be
funded by the Construction, Minor Projects, Medical Facilities or
National Cemetery Administration accounts: Provided, That except for
advance planning activities, including needs assessments which may or
may not lead to capital investments, and other capital asset management
related activities, including portfolio development and management
activities, and planning, cost estimating, and design for major medical
facility projects and major medical facility leases and investment
strategy studies funded through the advance planning fund and the
planning and design activities funded through the design fund, staffing
expenses, and funds provided for the purchase, security, and
maintenance of land for the National Cemetery Administration through
the land acquisition line item, none of the funds made available under
this heading shall be used for any project that has not been notified
to Congress through the budgetary process or that has not been approved
by the Congress through statute, joint resolution, or in the
explanatory statement accompanying such Act and presented to the
President at the time of enrollment: Provided further, That such sums
as may be necessary shall be available to reimburse the ``General
Administration'' account for payment of salaries and expenses of all
Office of Construction and Facilities Management employees to support
the full range of capital infrastructure services provided, including
minor construction and leasing services: Provided further, That funds
made available under this heading for fiscal year 2023, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2023; and (2) by the
awarding of a construction contract by September 30, 2024: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That notwithstanding the requirements of
section 8104(a) of title 38, United States Code, amounts made available
under this heading for seismic improvement projects and seismic program
management activities shall be available for the completion of both new
and existing seismic projects of the Department.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$626,110,000, of which $563,499,000 shall remain available until
September 30, 2027, and of which $62,611,000 shall remain available
until expended, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $150,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $50,000,000 (increased
by $1,000,000), to remain available until expended.
asset and infrastructure review
For carrying out the VA Asset and Infrastructure Review Act of
2018 (subtitle A of title II of Public Law 115-182), $5,000,000
(reduced by $5,000,000), to remain available until September 30, 2024.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2023 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, in this or any other Act, under the
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be transferred
among the accounts: Provided, That any transfers among the ``Medical
Services'', ``Medical Community Care'', and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total amount
appropriated to the account in this or any other Act may take place
subject to notification from the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress of the amount
and purpose of the transfer: Provided further, That any transfers among
the ``Medical Services'', ``Medical Community Care'', and ``Medical
Support and Compliance'' accounts in excess of 1 percent, or exceeding
the cumulative 1 percent for the fiscal year, may take place only after
the Secretary requests from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
``Medical Facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2022.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2023, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2023 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2023 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services shall be
available until expended.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management, Diversity and Inclusion, the Office of
Employment Discrimination Complaint Adjudication, and the Alternative
Dispute Resolution function within the Office of Human Resources and
Administration for all services provided at rates which will recover
actual costs but not to exceed $86,481,000 for the Office of Resolution
Management, Diversity and Inclusion, $6,812,000 for the Office of
Employment Discrimination Complaint Adjudication, and $4,576,000 for
the Alternative Dispute Resolution function within the Office of Human
Resources and Administration: Provided, That payments may be made in
advance for services to be furnished based on estimated costs: Provided
further, That amounts received shall be credited to the ``General
Administration'' and ``Information Technology Systems'' accounts for
use by the office that provided the service.
Sec. 211. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
That any amounts so recovered for care or services provided in a prior
fiscal year may be obligated by the Secretary during the fiscal year in
which amounts are received.
(including transfer of funds)
Sec. 212. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 213. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 214. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to the ``Medical Services'' and ``Medical
Community Care'' accounts to remain available until expended for the
purposes of these accounts.
Sec. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State of
Alaska and Indian tribes and tribal organizations which are party to
the Alaska Native Health Compact with the Indian Health Service, to
provide healthcare, including behavioral health and dental care, to
veterans in rural Alaska. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands which are not within the boundaries of the
municipality of Anchorage or the Fairbanks North Star Borough.
(including transfer of funds)
Sec. 216. Such sums as may be deposited into the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the paragraph entitled ``Quarterly
reporting'', under the heading ``General Administration'' in the joint
explanatory statement accompanying Public Law 114-223.
(including transfer of funds)
Sec. 218. Amounts made available under the ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``Board of Veterans Appeals'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2023 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
(including transfer of funds)
Sec. 219. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2023 for ``Medical Services'',
``Medical Community Care'', ``Medical Support and Compliance'',
``Medical Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $330,140,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress: Provided further, That section 220 of title II of division J
of Public Law 117-103 is repealed.
(including transfer of funds)
Sec. 220. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2023, for
``Medical Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', up to $314,825,000, plus
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571) and may be
used for operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500): Provided, That additional funds may be
transferred from accounts designated in this section to the Joint
Department of Defense--Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Veterans Affairs to the Committees on Appropriations of both Houses of
Congress.
(including transfer of funds)
Sec. 221. Such sums as may be deposited into the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat.
2573), amounts transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund
shall remain available until expended.
(including transfer of funds)
Sec. 222. Of the amounts available in this title for ``Medical
Services'', ``Medical Community Care'', ``Medical Support and
Compliance'', and ``Medical Facilities'', a minimum of $15,000,000
shall be transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States Code, to
remain available until expended, for any purpose authorized by section
8111 of title 38, United States Code.
Sec. 223. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 224. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 225. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report containing performance measures and data from each Veterans
Benefits Administration Regional Office: Provided, That, at a minimum,
the report shall include the direction contained in the section
entitled ``Disability claims backlog'', under the heading ``General
Operating Expenses, Veterans Benefits Administration'' in the joint
explanatory statement accompanying Public Law 114-223: Provided
further, That the report shall also include information on the number
of appeals pending at the Veterans Benefits Administration as well as
the Board of Veterans Appeals on a quarterly basis.
Sec. 226. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 227. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $1,000,000.
(including transfer of funds)
Sec. 228. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2023 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2023, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were 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: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That, upon
determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 229. Amounts made available for the Department of Veterans
Affairs for fiscal year 2023, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval of that request.
Sec. 230. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $7,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 231. (a) The Secretary of Veterans Affairs shall ensure that
the toll-free suicide hotline under section 1720F(h) of title 38,
United States Code--
(1) provides to individuals who contact the hotline
immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be used to
enforce or otherwise carry out any Executive action that prohibits the
Secretary of Veterans Affairs from appointing an individual to occupy a
vacant civil service position, or establishing a new civil service
position, at the Department of Veterans Affairs with respect to such a
position relating to the hotline specified in subsection (a).
(2) In this subsection--
(A) the term ``civil service'' has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ``Executive action'' includes--
(i) any Executive order, Presidential memorandum,
or other action by the President; and
(ii) any agency policy, order, or other directive.
(c)(1) The Secretary of Veterans Affairs shall conduct a study on
the effectiveness of the hotline specified in subsection (a) during the
5-year period beginning on January 1, 2016, based on an analysis of
national suicide data and data collected from such hotline.
(2) At a minimum, the study required by paragraph (1) shall--
(A) determine the number of veterans who contact the
hotline specified in subsection (a) and who receive follow up
services from the hotline or mental health services from the
Department of Veterans Affairs thereafter;
(B) determine the number of veterans who contact the
hotline who are not referred to, or do not continue receiving,
mental health care who commit suicide; and
(C) determine the number of veterans described in
subparagraph (A) who commit or attempt suicide.
Sec. 232. Effective during the period beginning on October 1,
2018, and ending on January 1, 2024, none of the funds made available
to the Secretary of Veterans Affairs by this or any other Act may be
obligated or expended in contravention of the ``Veterans Health
Administration Clinical Preventive Services Guidance Statement on the
Veterans Health Administration's Screening for Breast Cancer Guidance''
published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
Sec. 233. Subchapter II of chapter 17 of title 38, United States
Code, is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 1720K. Infertility counseling and treatment; reimbursement of
adoption expenses
``(a) Infertility Counseling and Treatment.--(1) Pursuant to
regulations the Secretary shall prescribe to carry out this subsection,
the Secretary may provide infertility counseling and treatment, using
assisted reproductive technology, including in vitro fertilization,
intrauterine insemination, and other advanced reproductive
technologies, to the following:
``(A) A veteran--
``(i) who is enrolled in the system of annual
patient enrollment established and operated under
section 1705 of this title; and
``(ii) who, in the judgment of a health care
professional of the Department--
``(I) has a service-connected disability or
condition causing or aggravating infertility;
or
``(II) is infertile as a result of having
received medically necessary treatment pursuant
to this chapter.
``(B) The spouse of a veteran described in subparagraph
(A), or the partner of a veteran described in subparagraph (A)
whom the veteran designates for purposes of this subsection.
``(2)(A) The Secretary may contract with a provider of in vitro
fertilization services to obtain donor gametes or embryos from third-
party donors.
``(B) The Secretary may only obtain third-party donation of gametes
or embryos through a contract.
``(C) The Secretary may not provide assisted reproductive
technology services or medical services to third-party donors.
``(3)(A) The Secretary may contract with a facility to furnish the
cryopreservation, storage, and transportation of gametes and embryos.
``(B) The Secretary may not impose any limitation on the period in
which an embryo or gamete is cryopreserved and stored pursuant to this
subsection.
``(4) The legal status, custody, future use, donation, disposition,
or destruction, of gametes or embryos relating to infertility or
treatment furnished under this subsection shall be determined in
accordance with the law of the State in which the gametes or embryos
are located.
``(5)(A) In prescribing regulations to carry out this subsection,
the Secretary shall ensure that any in vitro fertilization (including
with respect to the number of retrieval attempts and completed embryo
transfer cycles) will be--
``(i) determined using the best medical evidence available;
and
``(ii) provided in accordance with applicable standards of
care.
``(B) In furnishing in vitro fertilization to a covered individual
pursuant to this subsection, the Secretary is responsible only for
payment of the costs of the in vitro fertilization services.
``(C) The Secretary may not furnish an in vitro fertilization cycle
to a covered individual under this subsection unless the Secretary
receives consent for such cycle from each of the following:
``(i) The covered individual.
``(ii) If the covered individual is a spouse or partner of
a veteran as described in subparagraph (1)(B), the veteran.
``(iii) If applicable, the third-party donor.
``(6) In this subsection:
``(A) The term `covered individual' means a veteran,
spouse, or partner who receives infertility counseling and
treatment under paragraph (1).
``(B) The term `gamete' means a mature sperm or an oocyte
or egg germ cell, as applicable.
``(C) The term `infertility' means the inability to
procreate without the use of infertility treatment.
``(D) The term `in vitro fertilization' means the procedure
in which an oocyte is removed from a mature ovarian follicle
and fertilized by a sperm cell outside the human body and, at
the appropriate time, transferred into the uterus.
``(E) The term `third-party donor' means an individual who
consents to donate the gametes or embryo of the individual for
use in treatment furnished pursuant to this subsection.
``(b) Adoption Reimbursement.--(1) Pursuant to regulations the
Secretary shall prescribe to carry out this subsection, the Secretary
may reimburse an eligible veteran for qualifying adoption expenses
incurred by the veteran in the adoption of a child.
``(2) For purposes of this subsection, an eligible veteran is a
veteran who meets the following criteria:
``(A) The veteran is enrolled in the system of annual
patient enrollment established and operated under section 1705
of this title.
``(B) The veteran, in the judgment of the health care
professional of the Department--
``(i) has a service-connected disability or
condition causing or aggravating infertility; or
``(ii) is infertile as a result of having received
medically necessary treatment pursuant to this chapter.
``(3) An adoption for which expenses may be reimbursed under this
subsection includes an adoption by a single person, an infant adoption,
an intercountry adoption, or an adoption of a child with special needs
(as defined in section 473(c) of the Social Security Act (42 U.S.C.
673(c))).
``(4) The Secretary may reimburse an eligible veteran for
qualifying adoption expenses under this subsection only after the
adoption is final.
``(5) The Secretary may not reimburse an eligible veteran for
qualifying adoption expenses under this subsection for any expense paid
to or for the veteran under any other adoption benefits program
administered by the Federal Government or under any such program
administered by a State or local government.
``(6)(A)(i) The Secretary may not reimburse an eligible veteran, or
two eligible veterans who are partners, for qualifying adoption
expenses under this subsection for more than one adoption.
``(ii) The Secretary may not reimburse more than one eligible
veteran for the qualifying adoption expenses under this subsection for
the adoption of the same child.
``(B) In prescribing regulations to carry out this subsection, the
Secretary shall establish minimum and maximum amounts for the
reimbursement of qualifying adoption expenses.
``(7) In this subsection:
``(A) Notwithstanding section 101 of this title, the term
`child' means an individual who is under the age of eighteen
years.
``(B) The term `qualified adoption agency' means--
``(i) a State or local government agency that has
responsibility under State or local law for child
placement through adoption;
``(ii) a nonprofit, voluntary adoption agency that
is authorized by State or local law to place children
for adoption;
``(iii) any other source authorized by a State to
provide adoption placement if the adoption is
supervised by a court under State or local law; or
``(iv) a foreign government or an agency authorized
by a foreign government to place children for adoption,
in any case in which--
``(I) the adopted child is entitled to
automatic citizenship under section 320 of the
Immigration and Nationality Act (8 U.S.C.
1431); or
``(II) a certificate of citizenship has
been issued for such child under section 322 of
that Act (8 U.S.C. 1433).
``(C) The term `qualifying adoption expenses' means
reasonable and necessary expenses that are directly related to
the legal adoption of a child, but only if such adoption is
arranged by a qualified adoption agency. Such term does not
include any expense incurred--
``(i) by an adopting parent for travel; or
``(ii) in connection with an adoption arranged in
violation of Federal, State, or local law.
``(D) The term `reasonable and necessary expenses'
includes--
``(i) public and private agency fees, including
adoption fees charged by an agency in a foreign
country;
``(ii) placement fees, including fees charged
adoptive parents for counseling;
``(iii) legal fees (including court costs) or
notary expenses; and
``(iv) medical expenses, including hospital
expenses of the biological mother of the child to be
adopted and of a newborn infant to be adopted.''.
Sec. 234. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 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. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
Sec. 235. Section 842 of Public Law 109-115 shall not apply to
conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National Cemetery
Administration to contractor performance by a business concern that is
at least 51 percent owned by one or more Indian tribes as defined in
section 5304(e) of title 25, United States Code, or one or more Native
Hawaiian Organizations as defined in section 637(a)(15) of title 15,
United States Code.
Sec. 236. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense and
the Secretary of Labor, shall discontinue using Social Security account
numbers to identify individuals in all information systems of the
Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of
Veterans Affairs new claims for benefits under laws
administered by the Secretary, not later than March 23, 2023.
(2) For all individuals not described in paragraph (1), not
later than March 23, 2026.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system of
the Department of Veterans Affairs if and only if the use of such
number is required to obtain information the Secretary requires from an
information system that is not under the jurisdiction of the Secretary.
(c) The matter in subsections (a) and (b) shall supersede section
238 of division F of Public Law 116-94.
Sec. 237. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024 for ``Medical Services'', section
239 of division A of Public Law 114-223 shall apply.
Sec. 238. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 239. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2023 and fiscal year 2024 for ``Medical
Services'', funds may be used in each year to carry out and expand the
child care program authorized by section 205 of Public Law 111-163,
notwithstanding subsection (e) of such section.
Sec. 240. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute or
claim with an individual that would restrict in any way the individual
from speaking to members of Congress or their staff on any topic not
otherwise prohibited from disclosure by Federal law or required by
Executive order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
Sec. 241. For funds provided to the Department of Veterans Affairs
for each of fiscal year 2023 and 2024, section 258 of division A of
Public Law 114-223 shall apply.
Sec. 242. (a) None of the funds appropriated or otherwise made
available by 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 the access of the
Inspector General to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access.
(b) A department or agency covered by this section shall provide
its Inspector General access to all 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 Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives within 5 calendar days
of any failure by any department or agency covered by this section to
comply with this requirement.
Sec. 243. None of the funds made available in this Act may be used
in a manner that would increase wait times for veterans who seek care
at medical facilities of the Department of Veterans Affairs.
Sec. 244. None of the funds appropriated or otherwise made
available by this Act to the Veterans Health Administration may be used
in fiscal year 2023 to convert any program which received specific
purpose funds in fiscal year 2022 to a general purpose funded program
unless the Secretary of Veterans Affairs submits written notification
of any such proposal to the Committees on Appropriations of both Houses
of Congress at least 30 days prior to any such action and an approval
is issued by the Committees.
Sec. 245. (a) Except as provided by subsection (b), none of the
funds made available by this Act may be used by the Secretary of
Veterans Affairs to purchase, breed, transport, house, feed, maintain,
dispose of, or experiment on, dogs or cats as part of the conduct of
any study including an assignment of pain category D or E, as defined
by the Pain and Distress Categories of the Department of Agriculture
(or such successor categories developed pursuant to section 13 of the
Animal Welfare Act (7 U.S.C. 2143)).
(b) Subsection (a) shall not apply to training programs or studies
of service dogs described in section 1714 of title 38, United States
Code, or section 17.148 of title 38, Code of Federal Regulations.
Sec. 246. Amounts made available for the ``Veterans Health
Administration, Medical Community Care'' account in this or any other
Act for fiscal years 2023 and 2024 may be used for expenses that would
otherwise be payable from the Veterans Choice Fund established by
section 802 of the Veterans Access, Choice, and Accountability Act, as
amended (38 U.S.C. 1701 note).
Sec. 247. Obligations and expenditures applicable to the ``Medical
Services'' account in fiscal years 2017 through 2019 for aid to state
homes (as authorized by section 1741 of title 38, United States Code)
shall remain in the ``Medical Community Care'' account for such fiscal
years.
Sec. 248. Of the amounts made available for the Department of
Veterans Affairs for fiscal year 2023, in this or any other Act, under
the ``Veterans Health Administration--Medical Services'', ``Veterans
Health Administration--Medical Community Care'', ``Veterans Health
Administration--Medical Support and Compliance'', and ``Veterans Health
Administration--Medical Facilities'' accounts, $911,119,000 shall be
made available for gender-specific care and programmatic efforts to
deliver care for women veterans.
(rescission of funds)
Sec. 249. Of the unobligated balances in the ``Recurring Expenses
Transformational Fund'' established in section 243 of division J of
Public Law 114-113, $48,132,853 is hereby rescinded.
Sec. 250. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the status of the ``Veterans Medical Care and Health Fund'',
established to execute section 8002 of the American Rescue Plan Act of
2021 (Public Law 117-2): Provided, That, at a minimum, the report shall
include an update on obligations by program, project or activity and a
plan for expending the remaining funds: Provided further, That the
Secretary of Veterans Affairs must submit notification of any plans to
reallocate funds from the current apportionment categories of ``Medical
Services'', ``Medical Support and Compliance'', ``Medical Facilities'',
``Medical Community Care'', or ``Medical and Prosthetic Research'',
including the amount and purpose of each reallocation to the Committees
on Appropriations of both Houses of Congress and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
Sec. 251. By no later than September 30, 2023, the Secretary shall
commence construction of the Community-Based Outpatient Clinic in
Bakersfield, California in accordance with Lease No. 36C10F20L0008.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $15,000
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $87,500,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be necessary, to
remain available until expended, for purposes authorized by section
2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections 7251
through 7298 of title 38, United States Code, $45,159,000: Provided,
That $3,385,000 shall be available for the purpose of providing
financial assistance as described and in accordance with the process
and reporting procedures set forth under this heading in Public Law
102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $2,000
for official reception and representation expenses, $93,400,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2025. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
construction
For necessary expenses for planning and design and construction at
Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, $62,500,000, to remain available until expended, of which
$2,500,000 shall be for study, planning and design, and architect and
engineering services for Memorial Avenue improvements at Arlington
National Cemetery; and $60,000,000 shall be for planning and design and
construction associated with the Southern Expansion project at
Arlington National Cemetery.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $75,360,000, to remain available until
September 30, 2024, of which $7,300,000 shall remain available until
expended for construction and renovation of the physical plants at the
Armed Forces Retirement Home--Washington, District of Columbia, and the
Armed Forces Retirement Home--Gulfport, Mississippi: Provided, That of
the amounts made available under this heading from funds available in
the Armed Forces Retirement Home Trust Fund, $25,000,000 shall be paid
from the general fund of the Treasury to the Trust Fund.
major construction
For an additional amount for necessary expenses related to design,
planning, and construction for renovation of the Sheridan Building at
the Armed Forces Retirement Home--Washington, District of Columbia,
$77,000,000, to remain available until expended, shall be paid from the
general fund of the Treasury to the Armed Forces Retirement Home Trust
Fund.
Administrative Provision
Sec. 301. Amounts deposited into the special account established
under 10 U.S.C. 7727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. 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 or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (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 confidential or 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.
Sec. 408. (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.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
in contravention of section 101(e)(8) of title 10, United States Code.
This division may be cited as the ``Military Construction, Veterans
Affairs, and Related Agencies Appropriations Act, 2023''.
Passed the House of Representatives July 20, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 8294
_______________________________________________________________________
AN ACT
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.